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+*** START OF THE PROJECT GUTENBERG EBOOK 13021 ***
+
+A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+
+BY JAMES D. RICHARDSON
+
+
+
+
+Rutherford B. Hayes
+
+March 4, 1877, to March 4, 1881
+
+
+
+
+Rutherford B. Hayes
+
+
+Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822.
+His father had died in July, 1822, leaving his mother in modest
+circumstances. He attended the common schools, and began early the
+study of Latin and Greek with Judge Sherman Finch, of Delaware.
+Prepared for college at an academy at Norwalk, Ohio, and at a school
+in Middletown, Conn. In the autumn of 1838 entered Kenyon College,
+at Gambier, Ohio. Excelled in logic, mental and moral philosophy,
+and mathematics, and also made his mark as a debater in the literary
+societies. On his graduation, in August, 1842, was awarded the
+valedictory oration, with which he won much praise. Soon afterwards
+began the study of law in the office of Thomas Sparrow, at Columbus,
+Ohio, and then attended a course of law lectures at Harvard
+University, entering the law school August 22, 1843, and finishing his
+studies there in January, 1845. As a law student he had the advantage
+of friendly intercourse with Judge Story and Professor Greenleaf, and
+also attended the lectures of Longfellow on literature and of Agassiz
+on natural science, pursuing at the same time the study of French and
+German. In May, 1845, was admitted to practice in the courts of Ohio
+as an attorney and counselor at law. Established himself first at
+Lower Sandusky (now Fremont), where in April, 1846, he formed a law
+partnership with Ralph P. Buckland, then a Member of Congress. In the
+winter of 1849-50 established himself at Cincinnati. His practice at
+first being light, continued his studies in law and literature, and
+also became identified with various literary societies, among them
+the literary club of Cincinnati, where he met Salmon P. Chase, Thomas
+Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F.
+Force, and others of note. December 30, 1852, married Miss Lucy Ware
+Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In
+January, 1854, formed a law partnership with H.W. Corwine and William
+K. Rogers. In 1856 was nominated for the office of common pleas judge,
+but declined. In 1858 was elected city solicitor by the city council
+of Cincinnati to fill a vacancy, and in the following year was
+elected to the same office at a popular election, but was defeated
+for reelection in 1861. After becoming a voter he acted with the Whig
+party, voting for Henry Clay in 1844, for General Taylor in 1848, and
+for General Scott in 1852. Having from his youth cherished antislavery
+feelings, he joined the Republican party as soon as it was organized,
+and earnestly advocated the election of Frémont in 1856 and of Lincoln
+in 1860. At a great mass meeting held in Cincinnati immediately
+after the firing on Fort Sumter was made chairman of a committee on
+resolutions. His literary club formed a military company, of which he
+was elected captain. June 7, 1861, was appointed by the governor of
+Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861,
+was appointed by General Rosecrans judge-advocate of the Department
+of the Ohio. October 24, 1861, was promoted to the rank of
+lieutenant-colonel. In the battle of South Mountain, September 14,
+1862, distinguished himself by gallant conduct in leading a charge and
+in holding a position at the head of his troops after being severely
+wounded in his left arm. October 24, 1862, was appointed colonel
+of the Twenty-third Ohio. In July, 1863, while with the army in
+southwestern Virginia, caused an expedition of two regiments and a
+section of artillery under his command to be dispatched to Ohio for
+the purpose of checking the raid of the Confederate general John
+Morgan, and aided materially in preventing the raiders from recrossing
+the Ohio River and in compelling Morgan to surrender. In the spring
+of 1864 commanded a brigade in General Crook's expedition to cut the
+principal lines of communication between Richmond and the Southwest.
+Distinguished himself by conspicuous bravery at the head of his
+brigade in storming a fortified position on the crest of Cloyd
+Mountain. Commanded a brigade in the first battle of Winchester. Took
+a creditable part in the engagement at Berryville, and at the second
+battle of Winchester, September 19, 1864, performed a feat of great
+bravery. Leading an assault upon a battery on an eminence, he found in
+his way a morass over 50 yards wide. Being at the head of his brigade,
+he plunged in first, and, his horse becoming mired at once, he
+dismounted and waded across alone under the enemy's fire. Signaled his
+men to come over, and when about 40 had joined him he rushed upon the
+battery and captured it after a hand-to-hand fight. At Fishers Hill,
+September 22, 1864, being then in command of a division, executed a
+brilliant flank movement over mountains and through woods, took many
+pieces of artillery, and routed the enemy. At the battle of Cedar
+Creek, October 19, 1864, his conduct attracted so much attention that
+his commander, General Crook, commended him, saying, "Colonel, from
+this day you will be a brigadier-general." The commission reached him
+a few days afterwards. March 13, 1865, received the rank of brevet
+major-general "for gallant and distinguished services during the
+campaign of 1864 in West Virginia, and particularly at the battles of
+Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the
+field, was nominated for Congress and elected. After the war, returned
+to civil life, and took his seat in Congress December 4, 1865. Voted
+with his party on questions connected with the reconstruction of the
+Southern States; supported a resolution declaring the sacredness of
+the public debt and denouncing repudiation, and also one commending
+President Johnson for declining to accept presents and condemning the
+practice; opposed a resolution favoring an increase of pay of members
+of Congress; introduced in a Republican caucus resolutions declaring
+that the only mode of obtaining from the States lately in rebellion
+irreversible guaranties was by constitutional amendment, and that
+an amendment basing representation upon voters instead of population
+ought to be acted upon without delay. In August, 1866, was renominated
+for Congress by acclamation, and was reelected. Supported the
+impeachment of President Johnson. In June, 1867, was nominated for
+governor of Ohio, and at the election defeated Judge Allen G. Thurman.
+In June, 1869, was again nominated for governor, and at the election
+defeated George H. Pendleton. At the expiration of his term as
+governor declined to be a candidate for the United States Senate
+against John Sherman. In 1872 was again nominated for Congress, but at
+the election was defeated. Declined the office of assistant treasurer
+of the United States at Cincinnati. In 1873 established his home at
+Fremont with the intention of retiring from public life. In 1875 was
+again nominated for governor of Ohio, and at the election defeated
+William Allen. Was nominated for President of the United States at
+the national Republican convention at Cincinnati on June 16, 1876. The
+Democrats selected as their candidate Samuel J. Tilden, of New York.
+The result of the election became the subject of acrimonious dispute.
+Each party charged fraud upon the other, and both parties claimed to
+have carried the States of Louisiana, South Carolina, and Florida.
+To avoid a deadlock, which might have happened if the canvass of
+the electoral votes had been left to the two Houses of Congress
+(the Senate having a Republican and the House of Representatives a
+Democratic majority), an act, advocated by members of both parties,
+was passed to refer all contested cases to a commission composed of
+five Senators, five Representatives, and five Justices of the Supreme
+Court, the decision of this commission to be final unless set aside
+by a concurrent vote of the two Houses of Congress. The commission,
+refusing to go behind the certificates of the governors, decided in
+each contested case by a vote of 8 to 7 in favor of the Republican
+electors, beginning with Florida on February 7, and on March 2 Mr.
+Hayes was declared duly elected President of the United States. Was
+inaugurated March 5, 1877. At the expiration of his term returned to
+his home at Fremont, Ohio. Was the recipient of various distinctions.
+The degree of LL.D. was conferred upon him by Kenyon College, Harvard
+University, Yale College, and Johns Hopkins University. Was made
+senior vice-commander of the Military Order of the Loyal Legion,
+commander of the Ohio commandery of the same order, first president
+of the Society of the Army of West Virginia, and president of the
+Twenty-third Regiment Ohio Volunteers Association. Was president of
+the trustees of the John F. Slater education fund; one of the trustees
+of the Peabody education fund; president of the National Prison
+Reform Association; an active member of the National Conference
+of Corrections and Charities; a trustee of the Western Reserve
+University, at Cleveland, Ohio, of the Wesleyan University, of
+Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the
+Ohio State University. He died at Fremont, Ohio, January 17, 1893, and
+was buried there.
+
+
+
+
+INAUGURAL ADDRESS.
+
+FELLOW-CITIZENS: We have assembled to repeat the public ceremonial,
+begun by Washington, observed by all my predecessors, and now a
+time-honored custom, which marks the commencement of a new term of
+the Presidential office. Called to the duties of this great trust,
+I proceed, in compliance with usage, to announce some of the leading
+principles, on the subjects that now chiefly engage the public
+attention, by which it is my desire to be guided in the discharge of
+those duties. I shall not undertake to lay down irrevocably principles
+or measures of administration, but rather to speak of the motives
+which should animate us, and to suggest certain important ends to
+be attained in accordance with our institutions and essential to the
+welfare of our country.
+
+At the outset of the discussions which preceded the recent
+Presidential election it seemed to me fitting that I should fully make
+known my sentiments in regard to several of the important questions
+which then appeared to demand the consideration of the country.
+Following the example, and in part adopting the language, of one of my
+predecessors, I wish now, when every motive for misrepresentation has
+passed away, to repeat what was said before the election, trusting
+that my countrymen will candidly weigh and understand it, and that
+they will feel assured that the sentiments declared in accepting the
+nomination for the Presidency will be the standard of my conduct in
+the path before me, charged, as I now am, with the grave and difficult
+task of carrying them out in the practical administration of the
+Government so far as depends, under the Constitution and laws, on the
+Chief Executive of the nation.
+
+The permanent pacification of the country upon such principles and
+by such measures as will secure the complete protection of all its
+citizens in the free enjoyment of all their constitutional rights is
+now the one subject in our public affairs which all thoughtful and
+patriotic citizens regard as of supreme importance.
+
+Many of the calamitous effects of the tremendous revolution which
+has passed over the Southern States still remain. The immeasurable
+benefits which will surely follow, sooner or later, the hearty and
+generous acceptance of the legitimate results of that revolution have
+not yet been realized. Difficult and embarrassing questions meet us
+at the threshold of this subject. The people of those States are
+still impoverished, and the inestimable blessing of wise, honest,
+and peaceful local self-government is not fully enjoyed. Whatever
+difference of opinion may exist as to the cause of this condition of
+things, the fact is clear that in the progress of events the time has
+come when such government is the imperative necessity required by all
+the varied interests, public and private, of those States. But it must
+not be forgotten that only a local government which recognizes and
+maintains inviolate the rights of all is a true self-government.
+
+With respect to the two distinct races whose peculiar relations to
+each other have brought upon us the deplorable complications and
+perplexities which exist in those States, it must be a government
+which guards the interests of both races carefully and equally.
+It must be a government which submits loyally and heartily to the
+Constitution and the laws--the laws of the nation and the laws of
+the States themselves--accepting and obeying faithfully the whole
+Constitution as it is.
+
+Resting upon this sure and substantial foundation, the superstructure
+of beneficent local governments can be built up, and not otherwise.
+In furtherance of such obedience to the letter and the spirit of the
+Constitution, and in behalf of all that its attainment implies, all
+so-called party interests lose their apparent importance, and party
+lines may well be permitted to fade into insignificance. The question
+we have to consider for the immediate welfare of those States of the
+Union is the question of government or no government; of social order
+and all the peaceful industries and the happiness that belong to it,
+or a return to barbarism. It is a question in which every citizen of
+the nation is deeply interested, and with respect to which we ought
+not to be, in a partisan sense, either Republicans or Democrats, but
+fellow-citizens and fellow-men, to whom the interests of a common
+country and a common humanity are dear.
+
+The sweeping revolution of the entire labor system of a large portion
+of our country and the advance of 4,000,000 people from a condition
+of servitude to that of citizenship, upon an equal footing with their
+former masters, could not occur without presenting problems of the
+gravest moment, to be dealt with by the emancipated race, by their
+former masters, and by the General Government, the author of the
+act of emancipation. That it was a wise, just, and providential
+act, fraught with good for all concerned, is now generally conceded
+throughout the country. That a moral obligation rests upon the
+National Government to employ its constitutional power and influence
+to establish the rights of the people it has emancipated, and to
+protect them in the enjoyment of those rights when they are infringed
+or assailed, is also generally admitted.
+
+The evils which afflict the Southern States can only be removed or
+remedied by the united and harmonious efforts of both races, actuated
+by motives of mutual sympathy and regard; and while in duty bound and
+fully determined to protect the rights of all by every constitutional
+means at the disposal of my Administration, I am sincerely anxious to
+use every legitimate influence in favor of honest and efficient
+local _self_-government as the true resource of those States for the
+promotion of the contentment and prosperity of their citizens. In
+the effort I shall make to accomplish this purpose I ask the cordial
+cooperation of all who cherish an interest in the welfare of the
+country, trusting that party ties and the prejudice of race will be
+freely surrendered in behalf of the great purpose to be accomplished.
+In the important work of restoring the South it is not the political
+situation alone that merits attention. The material development
+of that section of the country has been arrested by the social and
+political revolution through which it has passed, and now needs and
+deserves the considerate care of the National Government within the
+just limits prescribed by the Constitution and wise public economy.
+
+But at the basis of all prosperity, for that as well as for every
+other part of the country, lies the improvement of the intellectual
+and moral condition of the people. Universal suffrage should rest
+upon universal education. To this end, liberal and permanent
+provision should be made for the support of free schools by the State
+governments, and, if need be, supplemented by legitimate aid from
+national authority.
+
+Let me assure my countrymen of the Southern States that it is my
+earnest desire to regard and promote their truest interests--the
+interests of the white and of the colored people both and equally--and
+to put forth my best efforts in behalf of a civil policy which will
+forever wipe out in our political affairs the color line and the
+distinction between North and South, to the end that we may have not
+merely a united North or a united South, but a united country.
+
+I ask the attention of the public to the paramount necessity of reform
+in our civil service--a reform not merely as to certain abuses and
+practices of so-called official patronage which have come to have the
+sanction of usage in the several Departments of our Government, but
+a change in the system of appointment itself; a reform that shall
+be thorough, radical, and complete; a return to the principles and
+practices of the founders of the Government. They neither expected
+nor desired from public officers any partisan service. They meant that
+public officers should owe their whole service to the Government and
+to the people. They meant that the officer should be secure in his
+tenure as long as his personal character remained untarnished and the
+performance of his duties satisfactory. They held that appointments to
+office were not to be made nor expected merely as rewards for partisan
+services, nor merely on the nomination of members of Congress, as
+being entitled in any respect to the control of such appointments.
+
+The fact that both the great political parties of the country, in
+declaring their principles prior to the election, gave a prominent
+place to the subject of reform of our civil service, recognizing and
+strongly urging its necessity, in terms almost identical in their
+specific import with those I have here employed, must be accepted as
+a conclusive argument in behalf of these measures. It must be regarded
+as the expression of the united voice and will of the whole country
+upon this subject, and both political parties are virtually pledged
+to give it their unreserved support.
+
+The President of the United States of necessity owes his election to
+office to the suffrage and zealous labors of a political party,
+the members of which cherish with ardor and regard as of essential
+importance the principles of their party organization; but he should
+strive to be always mindful of the fact that he serves his party best
+who serves the country best.
+
+In furtherance of the reform we seek, and in other important respects
+a change of great importance, I recommend an amendment to the
+Constitution prescribing a term of six years for the Presidential
+office and forbidding a reelection.
+
+With respect to the financial condition of the country, I shall not
+attempt an extended history of the embarrassment and prostration which
+we have suffered during the past three years. The depression in all
+our varied commercial and manufacturing interests throughout the
+country, which began in September, 1873, still continues. It is very
+gratifying, however, to be able to say that there are indications all
+around us of a coming change to prosperous times.
+
+Upon the currency question, intimately connected, as it is, with this
+topic, I may be permitted to repeat here the statement made in my
+letter of acceptance, that in my judgment the feeling of uncertainty
+inseparable from an irredeemable paper currency, with its fluctuation
+of values, is one of the greatest obstacles to a return to prosperous
+times. The only safe paper currency is one which rests upon a coin
+basis and is at all times and promptly convertible into coin.
+
+I adhere to the views heretofore expressed by me in favor of
+Congressional legislation in behalf of an early resumption of specie
+payments, and I am satisfied not only that this is wise, but that
+the interests, as well as the public sentiment, of the country
+imperatively demand it.
+
+Passing from these remarks upon the condition of our own country
+to consider our relations with other lands, we are reminded by the
+international complications abroad, threatening the peace of Europe,
+that our traditional rule of noninterference in the affairs of foreign
+nations has proved of great value in past times and ought to be
+strictly observed.
+
+The policy inaugurated by my honored predecessor, President Grant, of
+submitting to arbitration grave questions in dispute between ourselves
+and foreign powers points to a new, and incomparably the best,
+instrumentality for the preservation of peace, and will, as I believe,
+become a beneficent example of the course to be pursued in similar
+emergencies by other nations.
+
+If, unhappily, questions of difference should at any time during the
+period of my Administration arise between the United States and any
+foreign government, it will certainly be my disposition and my hope to
+aid in their settlement in the same peaceful and honorable way, thus
+securing to our country the great blessings of peace and mutual good
+offices with all the nations of the world.
+
+Fellow-citizens, we have reached the close of a political contest
+marked by the excitement which usually attends the contests between
+great political parties whose members espouse and advocate with
+earnest faith their respective creeds. The circumstances were,
+perhaps, in no respect extraordinary save in the closeness and the
+consequent uncertainty of the result.
+
+For the first time in the history of the country it has been deemed
+best, in view of the peculiar circumstances of the case, that the
+objections and questions in dispute with reference to the counting of
+the electoral votes should be referred to the decision of a tribunal
+appointed for this purpose.
+
+That tribunal--established by law for this sole purpose; its members,
+all of them, men of long-established reputation for integrity and
+intelligence, and, with the exception of those who are also members of
+the supreme judiciary, chosen equally from both political parties; its
+deliberations enlightened by the research and the arguments of able
+counsel--was entitled to the fullest confidence of the American
+people. Its decisions have been patiently waited for, and accepted
+as legally conclusive by the general judgment of the public. For the
+present, opinion will widely vary as to the wisdom of the several
+conclusions announced by that tribunal. This is to be anticipated
+in every instance where matters of dispute are made the subject of
+arbitration under the forms of law. Human judgment is never unerring,
+and is rarely regarded as otherwise than wrong by the unsuccessful
+party in the contest.
+
+The fact that two great political parties have in this way settled a
+dispute in regard to which good men differ as to the facts and the
+law no less than as to the proper course to be pursued in solving the
+question in controversy is an occasion for general rejoicing.
+
+Upon one point there is entire unanimity in public sentiment--that
+conflicting claims to the Presidency must be amicably and peaceably
+adjusted, and that when so adjusted the general acquiescence of the
+nation ought surely to follow.
+
+It has been reserved for a government of the people, where the right
+of suffrage is universal, to give to the world the first example in
+history of a great nation, in the midst of the struggle of opposing
+parties for power, hushing its party tumults to yield the issue of
+the contest to adjustment according to the forms of law.
+
+Looking for the guidance of that Divine Hand by which the destinies
+of nations and individuals are shaped, I call upon you, Senators,
+Representatives, judges, fellow-citizens, here and everywhere, to
+unite with me in an earnest effort to secure to our country the
+blessings, not only of material prosperity, but of justice, peace, and
+union--a union depending not upon the constraint of force, but upon
+the loving devotion of a free people; "and that all things may be
+so ordered and settled upon the best and surest foundations that
+peace and happiness, truth and justice, religion and piety, may be
+established among us for all generations."
+
+MARCH 5, 1877.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the final adjournment of the Forty-fourth Congress without
+making the usual appropriations for the support of the Army for the
+fiscal year ending June 30, 1878, presents an extraordinary occasion
+requiring the President to exercise the power vested in him by the
+Constitution to convene the Houses of Congress in anticipation of the
+day fixed by law for their next meeting:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do, by virtue of the power to this end in me vested by the
+Constitution, convene both Houses of Congress to assemble at their
+respective chambers at 12 o'clock noon on Monday, the 15th day of
+October next, then and there to consider and determine such measures
+as in their wisdom their duty and the welfare of the people may seem
+to demand.
+
+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 5th day of May, A.D. 1877, and of
+the Independence of the United States of America the one hundred and
+first.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+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 the governor of the State of West Virginia has represented
+that domestic violence exists in said State at Martinsburg, and at
+various other points along the line of the Baltimore and Ohio Railroad
+in said State, which the authorities of said State are unable to
+suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever it may be necessary, in the judgment of the President, he
+shall forthwith, by proclamation, command such insurgents to disperse
+and retire peaceably to their respective abodes within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+12 o'clock noon of the 19th day of July instant.
+
+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 18th day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+R.B. HAYES.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+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 the governor of the State of Maryland has represented that
+domestic violence exists in said State at Cumberland, and along the
+line of the Baltimore and Ohio Railroad in said State, which the
+authorities of said State are unable to suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever, in the judgment of the President, it becomes necessary to
+use the military forces to suppress such insurrection or obstruction
+to the laws, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+noon of the 22d day of July instant.
+
+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 21st day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+[SEAL.]
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+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 the governor of the State of Pennsylvania has represented that
+domestic violence exists in said State which the authorities of said
+State are unable to suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever, in the judgment of the President, it becomes necessary to
+use the military forces to suppress such insurrection or obstruction
+to the laws, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time;
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+12 o'clock noon of the 24th day of July instant.
+
+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 23d day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+[SEAL.]
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE MANSION, _Washington, May 9, 1877_.
+
+SIR:[1] The President directs me to say that the several Departments
+of the Government will be closed on Wednesday, 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,
+
+W.K. ROGERS, _Secretary_.
+
+[Footnote 1: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+EXECUTIVE MANSION, _Washington, May 26, 1877_.
+
+Hon. JOHN SHERMAN,
+ _Secretary of the Treasury_.
+
+MY DEAR SIR: I have read the partial report of the commission
+appointed to examine the New York custom-house. I concur with the
+commission in their recommendations. It is my wish that the collection
+of the revenues should be free from partisan control, and organized on
+a strictly business basis, with the same guaranties for efficiency and
+fidelity in the selection of the chief and subordinate officers that
+would be required by a prudent merchant. Party leaders should have
+no more influence in appointments than other equally respectable
+citizens. No assessments for political purposes on officers or
+subordinates should be allowed. No useless officer or employee should
+be retained. No officer should be required or permitted to take part
+in the management of political organizations, caucuses, conventions,
+or election campaigns. Their right to vote and to express their
+views on public questions, either orally or through the press, is not
+denied, provided it does not interfere with the discharge of their
+official duties.
+
+Respectfully,
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, June 22, 1877_,
+
+SIR:[2] I desire to call your attention to the following paragraph
+in a letter addressed by me to the Secretary of the Treasury on
+the conduct to be observed by officers of the General Government in
+relation to the elections:
+
+ No officer should be required or permitted to take part in the
+ management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express
+ their views on public questions, either orally or through the
+ press, is not denied, provided it does not interfere with
+ the discharge of their official duties. No assessment for
+ political purposes on officers or subordinates should be
+ allowed.
+
+
+This rule is applicable to every department of the civil service. It
+should be understood by every officer of the General Government that
+he is expected to conform his conduct to its requirements.
+
+Very respectfully,
+
+R.B. HAYES.
+
+[Footnote 2: Addressed to Federal officers generally.]
+
+
+
+EXECUTIVE MANSION, _August 7, 1877_.
+
+By virtue of authority conferred upon the President of the United
+States by the provisions of section 2132, Revised Statutes of the
+United States, as follows:
+
+ The President is authorized, whenever in his opinion the
+ public interest may require the same, to prohibit the
+ introduction of goods, or of any particular article, into
+ the country belonging to any Indian tribe, and to direct
+ all licenses to trade with such tribe to be revoked and all
+ applications therefor to be rejected. No trader to any other
+ tribe shall, so long as such prohibition may continue, trade
+ with any Indians of or for the tribe against which such
+ prohibition is issued--
+
+
+the introduction into the Indian country, for the purpose of sale or
+exchange to or with Indians, of any breech-loading firearms, and of
+any special ammunition adapted to such arms, and the sale and exchange
+to Indians in the Indian country of any such arms or ammunition, is
+hereby prohibited; and it is hereby directed that all authority under
+any license to trade in such arms or ammunition is hereby revoked.
+
+The introduction into the country or district occupied by any tribe of
+hostile Indians, for the purpose of sale or exchange to them, of arms
+or ammunition of any description, and the sale or exchange thereof to
+or with such Indians, is hereby prohibited; and it is hereby directed
+that all license to trade in arms or ammunition of any description
+with such tribe be revoked.
+
+By virtue of section 2150, Revised Statutes, as follows:
+
+ The military forces of the United States may be employed in
+ such manner and under such regulations as the President may
+ direct--
+
+ * * * * *
+
+ Third. In preventing the introduction of persons and property
+ into the Indian country contrary to law, which persons and
+ property shall be proceeded against according to law.
+
+ * * * * *
+
+All military commanders are hereby charged with the duty of assisting
+in the execution of the above order and of Executive order of November
+23, 1876,[3] the provisions of which are extended to include all
+Indian country within the Territories of Idaho, Utah, and Washington
+and the States of Nevada and Oregon.
+
+R.B. HAYES.
+
+[Footnote 3: See pp. 398-399.]
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _October 15, 1877._
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+The adjournment of the last Congress without making appropriations
+for the support of the Army for the present fiscal year has rendered
+necessary a suspension of payments to the officers and men of the sums
+due them for services rendered after the 30th day of June last.
+The Army exists by virtue of statutes which prescribe its numbers,
+regulate its organization and employment, and which fix the pay of its
+officers and men and declare their right to receive the same at stated
+periods. These statutes, however, do not authorize the payment of
+the troops in the absence of specific appropriations therefor. The
+Constitution has wisely provided that "no money shall be drawn from
+the Treasury but in consequence of appropriations made by law;" and
+it has also been declared by statute that "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." We have,
+therefore, an Army in service, authorized by law and entitled to be
+paid, but no funds available for that purpose.
+
+It may also be said, as an additional incentive to prompt action by
+Congress, that since the commencement of the fiscal year the Army,
+though without pay, has been constantly and actively employed in
+arduous and dangerous service, in the performance of which both
+officers and men have discharged their duty with fidelity and
+courage and without complaint. These circumstances, in my judgment,
+constituted an extraordinary occasion requiring that Congress be
+convened in advance of the time prescribed by law for your meeting in
+regular session. The importance of speedy action upon this subject
+on the part of Congress is so manifest that I venture to suggest the
+propriety of making the necessary appropriations for the support
+of the Army for the current year at its present maximum numerical
+strength of 25,000 men, leaving for future consideration all questions
+relating to an increase or decrease of the number of enlisted men.
+In the event of the reduction of the Army by subsequent legislation
+during the fiscal year, the excess of the appropriation could not
+be expended; and in the event of its enlargement the additional sum
+required for the payment of the extra force could be provided in due
+time. It would be unjust to the troops now in service, and whose pay
+is already largely in arrears, if payment to them should be further
+postponed until after Congress shall have considered all the questions
+likely to arise in the effort to fix the proper limit to the strength
+of the Army.
+
+Estimates of appropriations for the support of the military
+establishment for the fiscal year ending June 30, 1878, were
+transmitted to Congress by the former Secretary of the Treasury at the
+opening of its session in December last. These estimates, modified by
+the present Secretary so as to conform to present requirements, are
+now renewed, amounting to $32,436,764.98, and, having been transmitted
+to both Houses of Congress, are submitted for your consideration.
+
+There is also required by the Navy Department $2,003,861.24. This sum
+is made up of $1,446,688.16 due to officers and enlisted men for the
+last quarter of the last fiscal year; $311,953.50 due for advances
+made by the fiscal agent of the Government in London for the support
+of the foreign service; $50,000 due to the naval-hospital fund;
+$150,000 due for arrearages of pay to officers, and $45,219.58 for the
+support of the Marine Corps.
+
+There will also be needed an appropriation of $262,535.22 to defray
+the unsettled expenses of the United States courts for the fiscal year
+ending June 30 last, now due to attorneys, clerks, commissioners, and
+marshals, and for rent of court rooms, the support of prisoners, and
+other deficiencies.
+
+A part of the building of the Interior Department was destroyed by
+fire on the 24th of last month. Some immediate repairs and temporary
+structures have in consequence become necessary, estimates for which
+will be transmitted to Congress immediately, and an appropriation of
+the requisite funds is respectfully recommended.
+
+The Secretary of the Treasury will communicate to Congress, in
+connection with the estimates for the appropriations for the support
+of the Army for the current fiscal year, estimates for such other
+deficiencies in the different branches of the public service as
+require immediate action and can not without inconvenience be
+postponed until the regular session.
+
+I take this opportunity also to invite your attention to the propriety
+of adopting at your present session the necessary legislation
+to enable the people of the United States to participate in the
+advantages of the International Exhibition of Agriculture, Industry,
+and the Fine Arts which is to be held at Paris in 1878, and in which
+this Government has been invited by the Government of France to take
+part.
+
+This invitation was communicated to this Government in May, 1876,
+by the minister of France at this capital, and a copy thereof was
+submitted to the proper committees of Congress at its last session,
+but no action was taken upon the subject.
+
+The Department of State has received many letters from various parts
+of the country expressing a desire to participate in the exhibition,
+and numerous applications of a similar nature have also been made at
+the United States legation at Paris.
+
+The Department of State has also received official advice of the
+strong desire on the part of the French Government that the United
+States should participate in this enterprise, and space has hitherto
+been and still is reserved in the exhibition buildings for the use of
+exhibitors from the United States, to the exclusion of other parties
+who have been applicants therefor.
+
+In order that our industries may be properly represented at the
+exhibition, an appropriation will be needed for the payment of
+salaries and expenses of commissioners, for the transportation of
+goods, and for other purposes in connection with the object in view;
+and as May next is the time fixed for the opening of the exhibition,
+if our citizens are to share the advantages of this international
+competition for the trade of other nations the necessity of immediate
+action is apparent.
+
+To enable the United States to cooperate in the international
+exhibition which was held at Vienna in 1873, Congress then passed a
+joint resolution making an appropriation of $200,000 and authorizing
+the President to appoint a certain number of practical artisans and
+scientific men who should attend the exhibition and report their
+proceedings and observations to him. Provision was also made for the
+appointment of a number of honorary commissioners.
+
+I have felt that prompt action by Congress in accepting the invitation
+of the Government of France is of so much interest to the people of
+this country and so suitable to the cordial relations between the
+Governments of the two countries that the subject might properly be
+presented for attention at your present session.
+
+The Government of Sweden and Norway has addressed an official
+invitation to this Government to take part in the International Prison
+Congress to be held at Stockholm next year. The problem which the
+congress proposes to study--how to diminish crime--is one in which
+all civilized nations have an interest in common, and the congress
+of Stockholm seems likely to prove the most important convention ever
+held for the study of this grave question. Under authority of a joint
+resolution of Congress approved February 16, 1875, a commissioner was
+appointed by my predecessor to represent the United States upon that
+occasion, and the Prison Congress having been, at the earnest desire
+of the Swedish Government, postponed to 1878, his commission was
+renewed by me. An appropriation of $8,000 was made in the sundry civil
+act of 1875 to meet the expenses of the commissioner. I recommend
+the reappropriation of that sum for the same purpose, the former
+appropriation having been covered into the Treasury and being no
+longer available for the purpose without further action by Congress.
+The subject is brought to your attention at this time in view of
+circumstances which render it highly desirable that the commissioner
+should proceed to the discharge of his important duties immediately.
+
+As the several acts of Congress providing for detailed reports from
+the different Departments of the Government require their submission
+at the beginning of the regular annual session, I defer until that
+time any further reference to subjects of public interest.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith the report of a board of inquiry
+appointed by the Secretary of the Interior to examine into the causes
+of the fire which destroyed a part of the Interior Department building
+on the 24th of last month.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a report of the Secretary of
+the Navy, setting forth the particulars with reference to the existing
+deficiencies in the Navy Department.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 12, 1877_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 1st
+instant, I transmit herewith reports from the Secretary of State and
+the Secretary of War, with their accompanying papers.[4]
+
+R.B. HAYES.
+
+[Footnote 4: Correspondence relative to Mexican border troubles.]
+
+
+
+WASHINGTON, _November 12, 1877_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 5th
+instant, I transmit herewith reports from the Secretary of State and
+the Secretary of the Treasury, with their accompanying documents.[5]
+
+R.B. HAYES.
+
+[Footnote 5: Correspondence relative to the imposition of a
+differential duty of 50 cents per ton upon Spanish vessels entering
+ports of the United States.]
+
+
+
+EXECUTIVE MANSION, _November 12, 1877_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 16th of
+October, 1877, I have the honor to transmit herewith a statement of
+the appropriations and expenditures by the Navy Department from the
+4th of March, 1789, to June 30, 1876.
+
+A similar statement for the War Department is being prepared as
+rapidly as the limited clerical force in the Treasury Department will
+permit, and when completed will be transmitted to the Senate.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _November 12, 1877_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 30th of
+October, 1877, I have the honor to transmit herewith a statement of
+the annual appropriations and expenditures for army and navy pensions,
+showing also the repayments, the amounts carried to the surplus fund,
+and the net expenditures under each appropriation from March 4, 1789,
+to June 30, 1876.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 14, 1877_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 8th instant, I
+transmit herewith a report[6] from the Secretary of State.
+
+R.B. HAYES.
+
+[Footnote 6: Stating that the information relative to the forcible
+rescue of two prisoners from the jail of Starr County, Tex., by an
+armed band of Mexicans had been transmitted by the President to the
+House of Representatives on the 12th instant.]
+
+
+
+WASHINGTON, D.C., _November 15, 1887_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to its
+resolution of the 12th instant, a report[7] from the Secretary of
+State.
+
+R.B. HAYES.
+
+[Footnote 7: Relating to the indemnity paid by Spain on account of the
+execution of General Ryan and others at Santiago de Cuba.]
+
+
+
+WASHINGTON, _November 20, 1877_.
+
+_To the House of Representatives_:
+
+In answer to a joint resolution of the House of Representatives of the
+6th instant, requesting the opinions of the heads of the Departments
+respecting the obligatory use of the metrical system of weights and
+measures, I transmit herewith a report from the Secretary of State.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 27, 1877_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a declaration between the United States and the
+Government of Her Majesty the Queen of the United Kingdom of Great
+Britain and Ireland, for the reciprocal protection of the marks of
+manufacture and trade in the two countries, signed on the 24th of
+October, 1877.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+The completed circle of summer and winter, seedtime and harvest,
+has brought us to the accustomed season at which a religious people
+celebrates with praise and thanksgiving the enduring mercy of Almighty
+God. This devout and public confession of the constant dependence of
+man upon the divine favor for all the good gifts of life and health
+and peace and happiness, so early in our history made the habit of
+our people, finds in the survey of the past year new grounds for its
+joyful and grateful manifestation.
+
+In all the blessings which depend upon benignant seasons, this has
+indeed been a memorable year. Over the wide territory of our country,
+with all its diversity of soil and climate and products, the earth has
+yielded a bountiful return to the labor of the husbandman. The
+health of the people has been blighted by no prevalent or widespread
+diseases. No great disasters of shipwreck upon our coasts or to our
+commerce on the seas have brought loss and hardship to merchants or
+mariners and clouded the happiness of the community with sympathetic
+sorrow.
+
+In all that concerns our strength and peace and greatness as a nation;
+in all that touches the permanence and security of our Government and
+the beneficent institutions on which it rests; in all that affects
+the character and dispositions of our people and tests our capacity
+to enjoy and uphold the equal and free condition of society, now
+permanent and universal throughout the land, the experience of the
+last year is conspicuously marked by the protecting providence of God
+and is full of promise and hope for the coming generations.
+
+Under a sense of these infinite obligations to the Great Ruler of
+Times and Seasons and Events, let us humbly ascribe it to our own
+faults and frailties if in any degree that perfect concord and
+happiness, peace and justice, which such great mercies should diffuse
+through the hearts and lives of our people do not altogether and
+always and everywhere prevail. Let us with one spirit and with one
+voice lift up praise and thanksgiving to God for His manifold goodness
+to our land, His manifest care for our nation.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 29th day of November next, as a day
+of national thanksgiving and prayer; and I earnestly recommend that,
+withdrawing themselves from secular cares and labors, the people of
+the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 29th day of October, A.D.
+1877, and of the Independence of the United States the one hundred and
+second.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+EXECUTIVE MANSION, _Washington, D.C., November 2, 1877_.
+
+I lament the sad occasion which makes it my duty to testify the public
+respect for the eminent citizen and distinguished statesman whose
+death yesterday at his home in Indianapolis has been made known to the
+people by telegraphic announcement.
+
+The services of Oliver P. Morton to the nation in the difficult and
+responsible administration of the affairs of the State of Indiana
+as its governor at a critical juncture of the civil war can never be
+overvalued by his countrymen. His long service in the Senate has shown
+his great powers as a legislator and as a leader and chief counselor
+of the political party charged with the conduct of the Government
+during that period.
+
+In all things and at all times he has been able, strenuous, and
+faithful in the public service, and his fame with his countrymen rests
+upon secure foundations.
+
+The several Executive Departments will be closed on the day of his
+funeral, and appropriate honors should be paid to the memory of the
+deceased statesman by the whole nation.
+
+R.B. HAYES.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+DECEMBER 3, 1877.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+With devout gratitude to the bountiful Giver of All Good, I
+congratulate you that at the beginning of your first regular session
+you find our country blessed with health and peace and abundant
+harvests, and with encouraging prospects of an early return of general
+prosperity.
+
+To complete and make permanent the pacification of the country
+continues to be, and until it is fully accomplished must remain, the
+most important of all our national interests. The earnest purpose of
+good citizens generally to unite their efforts in this endeavor is
+evident. It found decided expression in the resolutions announced in
+1876 by the national conventions of the leading political parties of
+the country. There was a widespread apprehension that the momentous
+results in our progress as a nation marked by the recent amendments
+to the Constitution were in imminent jeopardy; that the good
+understanding which prompted their adoption, in the interest of a
+loyal devotion to the general welfare, might prove a barren truce, and
+that the two sections of the country, once engaged in civil strife,
+might be again almost as widely severed and disunited as they were
+when arrayed in arms against each other.
+
+The course to be pursued, which, in my judgment, seemed wisest in
+the presence of this emergency, was plainly indicated in my inaugural
+address. It pointed to the time, which all our people desire to see,
+when a genuine love of our whole country and of all that concerns
+its true welfare shall supplant the destructive forces of the mutual
+animosity of races and of sectional hostility. Opinions have differed
+widely as to the measures best calculated to secure this great end.
+This was to be expected. The measures adopted by the Administration
+have been subjected to severe and varied criticism. Any course
+whatever which might have been entered upon would certainly have
+encountered distrust and opposition. These measures were, in my
+judgment, such as were most in harmony with the Constitution and
+with the genius of our people, and best adapted, under all the
+circumstances, to attain the end in view. Beneficent results, already
+apparent, prove that these endeavors are not to be regarded as a
+mere experiment, and should sustain and encourage us in our efforts.
+Already, in the brief period which has elapsed, the immediate
+effectiveness, no less than the justice, of the course pursued is
+demonstrated, and I have an abiding faith that time will furnish
+its ample vindication in the minds of the great majority of my
+fellow-citizens. The discontinuance of the use of the Army for the
+purpose of upholding local governments in two States of the Union was
+no less a constitutional duty and requirement, under the circumstances
+existing at the time, than it was a much-needed measure for the
+restoration of local self-government and the promotion of national
+harmony. The withdrawal of the troops from such employment was
+effected deliberately, and with solicitous care for the peace and good
+order of society and the protection of the property and persons and
+every right of all classes of citizens.
+
+The results that have followed are indeed significant and encouraging.
+All apprehension of danger from remitting those States to local
+self-government is dispelled, and a most salutary change in the minds
+of the people has begun and is in progress in every part of that
+section of the country once the theater of unhappy civil strife,
+substituting for suspicion, distrust, and aversion, concord,
+friendship, and patriotic attachment to the Union. No unprejudiced
+mind will deny that the terrible and often fatal collisions which for
+several years have been of frequent occurrence and have agitated and
+alarmed the public mind have almost entirely ceased, and that a spirit
+of mutual forbearance and hearty national interest has succeeded.
+There has been a general reestablishment of order and of the orderly
+administration of justice. Instances of remaining lawlessness have
+become of rare occurrence; political turmoil and turbulence have
+disappeared; useful industries have been resumed; public credit in
+the Southern States has been greatly strengthened, and the encouraging
+benefits of a revival of commerce between the sections of the country
+lately embroiled in civil war are fully enjoyed. Such are some of
+the results already attained, upon which the country is to be
+congratulated. They are of such importance that we may with confidence
+patiently await the desired consummation that will surely come with
+the natural progress of events.
+
+It may not be improper here to say that it should be our fixed and
+unalterable determination to protect by all available and proper means
+under the Constitution and the laws the lately emancipated race in
+the enjoyment of their rights and privileges; and I urge upon those
+to whom heretofore the colored people have sustained the relation of
+bondmen the wisdom and justice of humane and liberal local legislation
+with respect to their education and general welfare. A firm adherence
+to the laws, both national and State, as to the civil and political
+rights of the colored people, now advanced to full and equal
+citizenship; the immediate repression and sure punishment by the
+national and local authorities, within their respective jurisdictions,
+of every instance of lawlessness and violence toward them, is required
+for the security alike of both races, and is justly demanded by the
+public opinion of the country and the age. In this way the restoration
+of harmony and good will and the complete protection of every citizen
+in the full enjoyment of every constitutional right will surely be
+attained. Whatever authority rests with me to this end I shall not
+hesitate to put forth.
+
+Whatever belongs to the power of Congress and the jurisdiction of the
+courts of the Union, they may confidently be relied upon to provide
+and perform; and to the legislatures, the courts, and the executive
+authorities of the several States I earnestly appeal to secure, by
+adequate, appropriate, and seasonable means, within their borders,
+these common and uniform rights of a united people which loves
+liberty, abhors oppression, and reveres justice. These objects are
+very dear to my heart. I shall continue most earnestly to strive
+for their attainment. The cordial cooperation of all classes, of
+all sections of the country and of both races, is required for this
+purpose; and with these blessings assured, and not otherwise, we
+may safely hope to hand down our free institutions of government
+unimpaired to the generations that will succeed us.
+
+Among the other subjects of great and general importance to the people
+of this country, I can not be mistaken, I think, in regarding as
+preeminent the policy and measures which are designed to secure the
+restoration of the currency to that normal and healthful condition in
+which, by the resumption of specie payments, our internal trade
+and foreign commerce may be brought into harmony with the system of
+exchanges which is based upon the precious metals as the intrinsic
+money of the world. In the public judgment that this end should be
+sought and compassed as speedily and securely as the resources of the
+people and the wisdom of their Government can accomplish, there is
+a much greater degree of unanimity than is found to concur in the
+specific measures which will bring the country to this desired end or
+the rapidity of the steps by which it can be safely reached.
+
+Upon a most anxious and deliberate examination, which I have felt it
+my duty to give to the subject, I am but the more confirmed in
+the opinion which I expressed in accepting the nomination for the
+Presidency, and again upon my inauguration, that the policy of
+resumption should be pursued by every suitable means, and that no
+legislation would be wise that should disparage the importance or
+retard the attainment of that result. I have no disposition, and
+certainly no right, to question the sincerity or the intelligence
+of opposing opinions, and would neither conceal nor undervalue the
+considerable difficulties, and even occasional distresses, which may
+attend the progress of the nation toward this primary condition to its
+general and permanent prosperity. I must, however, adhere to my most
+earnest conviction that any wavering in purpose or unsteadiness
+in methods, so far from avoiding or reducing the inconvenience
+inseparable from the transition from an irredeemable to a redeemable
+paper currency, would only tend to increased and prolonged disturbance
+in values, and unless retrieved must end in serious disorder,
+dishonor, and disaster in the financial affairs of the Government and
+of the people.
+
+The mischiefs which I apprehend and urgently deprecate are confined
+to no class of the people, indeed, but seem to me most certainly to
+threaten the industrious masses, whether their occupations are of
+skilled or common labor. To them, it seems to me, it is of prime
+importance that their labor should be compensated in money which is
+itself fixed in exchangeable value by being irrevocably measured by
+the labor necessary to its production. This permanent quality of
+the money of the people is sought for, and can only be gained by
+the resumption of specie payments. The rich, the speculative, the
+operating, the money-dealing classes may not always feel the mischiefs
+of, or may find casual profits in, a variable currency, but the
+misfortunes of such a currency to those who are paid salaries or wages
+are inevitable and remediless.
+
+Closely connected with this general subject of the resumption of
+specie payments is one of subordinate, but still of grave, importance;
+I mean the readjustment of our coinage system by the renewal of
+the silver dollar as an element in our specie currency, endowed by
+legislation with the quality of legal tender to a greater or less
+extent.
+
+As there is no doubt of the power of Congress under the Constitution
+"to coin money and regulate the value thereof," and as this power
+covers the whole range of authority applicable to the metal, the
+rated, value and the legal-tender quality which shall be adopted for
+the coinage, the considerations which should induce or discourage a
+particular measure connected with the coinage, belong clearly to the
+province of legislative discretion and of public expediency. Without
+intruding upon this province of legislation in the least, I have
+yet thought the subject of such critical importance, in the actual
+condition of our affairs, as to present an occasion for the
+exercise of the duty imposed by the Constitution on the President of
+recommending to the consideration of Congress "such measures as he
+shall judge necessary and expedient."
+
+Holding the opinion, as I do, that neither the interests of the
+Government nor of the people of the United States would be promoted by
+disparaging silver as one of the two precious metals which furnish the
+coinage of the world, and that legislation which looks to maintaining
+the volume of intrinsic money to as full a measure of both metals as
+their relative commercial values will permit would be neither unjust
+nor inexpedient, I must ask your indulgence to a brief and definite
+statement of certain essential features in any such legislative
+measure which I feel it my duty to recommend.
+
+I do not propose to enter the debate, represented on both sides by
+such able disputants in Congress and before the people and in the
+press, as to the extent to which the legislation of any one nation
+can control this question, even within its own borders, against the
+unwritten laws of trade or the positive laws of other governments. The
+wisdom of Congress in shaping any particular law that may be presented
+for my approval may wholly supersede the necessity of my entering into
+these considerations, and I willingly avoid either vague or intricate
+inquiries. It is only certain plain and practical traits of such
+legislation that I desire to recommend to your attention.
+
+In any legislation providing for a silver coinage, regulating its
+value, and imparting to it the quality of legal tender, it seems to me
+of great importance that Congress should not lose sight of its action
+as operating in a twofold capacity and in two distinct directions.
+If the United States Government were free from a public debt, its
+legislative dealing with the question of silver coinage would be
+purely sovereign and governmental, under no restraints but those of
+constitutional power and the public good as affected by the proposed
+legislation. But in the actual circumstances of the nation, with a
+vast public debt distributed very widely among our own citizens and
+held in great amounts also abroad, the nature of the silver-coinage
+measure, as affecting this relation of the Government to the holders
+of the public debt, becomes an element, in any proposed legislation,
+of the highest concern. The obligation of the public faith
+transcends all questions of profit or public advantage otherwise.
+Its unquestionable maintenance is the dictate as well of the highest
+expediency as of the most necessary duty, and will ever be carefully
+guarded by Congress and people alike.
+
+The public debt of the United States to the amount of $729,000,000
+bears interest at the rate of 6 per cent, and $708,000,000 at the rate
+of 5 per cent, and the only way in which the country can be relieved
+from the payment of these high rates of interest is by advantageously
+refunding the indebtedness. Whether the debt is ultimately paid in
+gold or in silver coin is of but little moment compared with the
+possible reduction of interest one-third by refunding it at such
+reduced rate. If the United States had the unquestioned right to pay
+its bonds in silver coin, the little benefit from that process would
+be greatly overbalanced by the injurious effect of such payment
+if made or proposed against the honest convictions of the public
+creditors.
+
+All the bonds that have been issued since February 12, 1873, when
+gold became the only unlimited legal-tender metallic currency of the
+country, are justly payable in gold coin or in coin of equal value.
+During the time of these issues the only dollar that could be or was
+received by the Government in exchange for bonds was the gold dollar.
+To require the public creditors to take in repayment any dollar of
+less commercial value would be regarded by them as a repudiation
+of the full obligation assumed. The bonds issued prior to 1873 were
+issued at a time when the gold dollar was the only coin in circulation
+or contemplated by either the Government or the holders of the bonds
+as the coin in which they were to be paid. It is far better to
+pay these bonds in that coin than to seem to take advantage of the
+unforeseen fall in silver bullion to pay in a new issue of silver coin
+thus made so much less valuable. The power of the United States
+to coin money and to regulate the value thereof ought never to be
+exercised for the purpose of enabling the Government to pay its
+obligations in a coin of less value than that contemplated by the
+parties when the bonds were issued. Any attempt to pay the national
+indebtedness in a coinage of less commercial value than the money
+of the world would involve a violation of the public faith and work
+irreparable injury to the public credit.
+
+It was the great merit of the act of March, 1869, in strengthening
+the public credit, that it removed all doubt as to the purpose of the
+United States to pay their bonded debt in coin. That act was accepted
+as a pledge of public faith. The Government has derived great benefit
+from it in the progress thus far made in refunding the public debt at
+low rates of interest. An adherence to the wise and just policy of
+an exact observance of the public faith will enable the Government
+rapidly to reduce the burden of interest on the national debt to an
+amount exceeding $20,000,000 per annum, and effect an aggregate saving
+to the United States of more than $300,000,000 before the bonds can be
+fully paid.
+
+In adapting the new silver coinage to the ordinary uses of currency in
+the everyday transactions of life and prescribing the quality of legal
+tender to be assigned to it, a consideration of the first importance
+should be so to adjust the ratio between the silver and the gold
+coinage, which now constitutes our specie currency, as to accomplish
+the desired end of maintaining the circulation of the two metallic
+currencies and keeping up the volume of the two precious metals as our
+intrinsic money. It is a mixed question, for scientific reasoning
+and historical experience to determine, how far and by what methods a
+practical equilibrium can be maintained which will keep both metals in
+circulation in their appropriate spheres of common use.
+
+An absolute equality of commercial value, free from disturbing
+fluctuations, is hardly attainable, and without it an unlimited
+legal tender for private transactions assigned to both metals would
+irresistibly tend to drive out of circulation the dearer coinage and
+disappoint the principal object proposed by the legislation in view.
+I apprehend, therefore, that the two conditions of a near approach to
+equality of commercial value between the gold and silver coinage of
+the same denomination and of a limitation of the amounts for which the
+silver coinage is to be a legal tender are essential to maintaining
+both in circulation. If these conditions can be successfully observed,
+the issue from the mint of silver dollars would afford material
+assistance to the community in the transition to redeemable paper
+money, and would facilitate the resumption of specie payment and its
+permanent establishment. Without these conditions I fear that only
+mischief and misfortune would flow from a coinage of silver
+dollars with the quality of unlimited legal tender, even in private
+transactions.
+
+Any expectation of temporary ease from an issue of silver coinage to
+pass as a legal tender at a rate materially above its commercial value
+is, I am persuaded, a delusion. Nor can I think that there is any
+substantial distinction between an original issue of silver dollars
+at a nominal value materially above their commercial value and the
+restoration of the silver dollar at a rate which once was, but has
+ceased to be, its commercial value. Certainly the issue of our gold
+coinage, reduced in weight materially below its legal-tender value,
+would not be any the less a present debasement of the coinage by
+reason of its equaling, or even exceeding, in weight a gold
+coinage which at some past time had been commercially equal to the
+legal-tender value assigned to the new issue.
+
+In recommending that the regulation of any silver coinage which may be
+authorized by Congress should observe these conditions of commercial
+value and limited legal tender, I am governed by the feeling that
+every possible increase should be given to the volume of metallic
+money which can be kept in circulation, and thereby every possible aid
+afforded to the people in the process of resuming specie payments. It
+is because of my firm conviction that a disregard of these conditions
+would frustrate the good results which are desired from the proposed
+coinage, and embarrass with new elements of confusion and uncertainty
+the business of the country, that I urge upon your attention these
+considerations.
+
+I respectfully recommend to Congress that in any legislation providing
+for a silver coinage and imparting to it the quality of legal tender
+there be impressed upon the measure a firm provision exempting the
+public debt heretofore issued and now outstanding from payment, either
+of principal or interest, in any coinage of less commercial value than
+the present gold coinage of the country.
+
+The organization of the civil service of the country has for a number
+of years attracted more and more of the public attention. So general
+has become the opinion that the methods of admission to it and
+the conditions of remaining in it are unsound that both the great
+political parties have agreed in the most explicit declarations of the
+necessity of reform and in the most emphatic demands for it. I have
+fully believed these declarations and demands to be the expression of
+a sincere conviction of the intelligent masses of the people upon the
+subject, and that they should be recognized and followed by earnest
+and prompt action on the part of the legislative and executive
+departments of the Government, in pursuance of the purpose indicated.
+
+Before my accession to office I endeavored to have my own views
+distinctly understood, and upon my inauguration my accord with
+the public opinion was stated in terms believed to be plain and
+unambiguous. My experience in the executive duties has strongly
+confirmed the belief in the great advantage the country would find in
+observing strictly the plan of the Constitution, which imposes upon
+the Executive the sole duty and responsibility of the selection of
+those Federal officers who by law are appointed, not elected, and
+which in like manner assigns to the Senate the complete right to
+advise and consent to or to reject the nominations so made, whilst
+the House of Representatives stands as the public censor of the
+performance of official duties, with the prerogative of investigation
+and prosecution in all cases of dereliction. The blemishes and
+imperfections in the civil service may, as I think, be traced in most
+cases to a practical confusion of the duties assigned to the several
+Departments of the Government. My purpose in this respect has been
+to return to the system established by the fundamental law, and to
+do this with the heartiest cooperation and most cordial understanding
+with the Senate and House of Representatives.
+
+The practical difficulties in the selection of numerous officers for
+posts of widely varying responsibilities and duties are acknowledged
+to be very great. No system can be expected to secure absolute freedom
+from mistakes, and the beginning of any attempted change of custom
+is quite likely to be more embarrassed in this respect than any
+subsequent period. It is here that the Constitution seems to me to
+prove its claim to the great wisdom accorded to it. It gives to
+the Executive the assistance of the knowledge and experience of the
+Senate, which, when acting upon nominations as to which they may be
+disinterested and impartial judges, secures as strong a guaranty of
+freedom from errors of importance as is perhaps possible in human
+affairs.
+
+In addition to this, I recognize the public advantage of making all
+nominations, as nearly as possible, impersonal, in the sense of being
+free from mere caprice or favor in the selection; and in those offices
+in which special training is of greatly increased value I believe such
+a rule as to the tenure of office should obtain as may induce men of
+proper qualifications to apply themselves industriously to the task of
+becoming proficients. Bearing these things in mind, I have endeavored
+to reduce the number of changes in subordinate places usually made
+upon the change of the general administration, and shall most heartily
+cooperate with Congress in the better systematizing of such methods
+and rules of admission to the public service and of promotion within
+it as may promise to be most successful in making thorough competency,
+efficiency, and character the decisive tests in these matters.
+
+I ask the renewed attention of Congress to what has already been done
+by the Civil Service Commission, appointed, in pursuance of an act
+of Congress, by my predecessor, to prepare and revise civil-service
+rules. In regard to much of the departmental service, especially at
+Washington, it may be difficult to organize a better system than
+that which has thus been provided, and it is now being used to a
+considerable extent under my direction. The Commission has still a
+legal existence, although for several years no appropriation has been
+made for defraying its expenses. Believing that this Commission
+has rendered valuable service and will be a most useful agency in
+improving the administration of the civil service, I respectfully
+recommend that a suitable appropriation, to be immediately available,
+be made to enable it to continue its labors.
+
+It is my purpose to transmit to Congress as early as practicable a
+report by the chairman of the Commission, and to ask your attention
+to such measures on this subject as in my opinion will further promote
+the improvement of the civil service.
+
+During the past year the United States have continued to maintain
+peaceful relations with foreign powers.
+
+The outbreak of war between Russia and Turkey, though at one time
+attended by grave apprehension as to its effect upon other European
+nations, has had no tendency to disturb the amicable relations
+existing between the United States and each of the two contending
+powers. An attitude of just and impartial neutrality has been
+preserved, and I am gratified to state that in the midst of their
+hostilities both the Russian and the Turkish Governments have shown an
+earnest disposition to adhere to the obligations of all treaties with
+the United States and to give due regard to the rights of American
+citizens.
+
+By the terms of the treaty defining the rights, immunities, and
+privileges of consuls, between Italy and the United States, ratified
+in 1868, either Government may, after the lapse of ten years,
+terminate the existence of the treaty by giving twelve months' notice
+of its intention. The Government of Italy, availing itself of this
+faculty, has now given the required notice, and the treaty will
+accordingly end on the 17th of September, 1878. It is understood,
+however, that the Italian Government wishes to renew it in its general
+scope, desiring only certain modifications in some of its articles.
+In this disposition I concur, and shall hope that no serious obstacles
+may intervene to prevent or delay the negotiation of a satisfactory
+treaty.
+
+Numerous questions in regard to passports, naturalization, and
+exemption from military service have continued to arise in cases of
+emigrants from Germany who have returned to their native country. The
+provisions of the treaty of February 22, 1868, however, have proved to
+be so ample and so judicious that the legation of the United States at
+Berlin has been able to adjust all claims arising under it, not only
+without detriment to the amicable relations existing between the two
+Governments, but, it is believed, without injury or injustice to any
+duly naturalized American citizen. It is desirable that the treaty
+originally made with the North German Union in 1868 should now be
+extended so as to apply equally to all the States of the Empire of
+Germany.
+
+The invitation of the Government of France to participate in the
+Exposition of the Products of Agriculture, Industry, and the Fine
+Arts to be held at Paris during the coming year was submitted for
+your consideration at the extra session. It is not doubted that its
+acceptance by the United States, and a well-selected exhibition of the
+products of American industry on that occasion, will tend to stimulate
+international commerce and emigration, as well as to promote the
+traditional friendship between the two countries.
+
+A question arose some time since as to the proper meaning of the
+extradition articles of the treaty of 1842 between the United States
+and Great Britain. Both Governments, however, are now in accord in
+the belief that the question is not one that should be allowed to
+frustrate the ends of justice or to disturb the friendship between
+the two nations. No serious difficulty has arisen in accomplishing
+the extradition of criminals when necessary. It is probable that all
+points of disagreement will in due time be settled, and, if need be,
+more explicit declarations be made in a new treaty.
+
+The Fishery Commission under Articles XVIII to XXV of the treaty of
+Washington has concluded its session at Halifax. The result of the
+deliberations of the commission, as made public by the commissioners,
+will be communicated to Congress.
+
+A treaty for the protection of trade-marks has been negotiated
+with Great Britain, which has been submitted to the Senate for its
+consideration.
+
+The revolution which recently occurred in Mexico was followed by the
+accession of the successful party to power and the installation of its
+chief, General Porfirio Diaz, in the Presidential office. It has been
+the custom of the United States, when such changes of government have
+heretofore occurred in Mexico, to recognize and enter into official
+relations with the _de facto_ government as soon as it should appear
+to have the approval of the Mexican people and should manifest a
+disposition to adhere to the obligations of treaties and international
+friendship. In the present case such official recognition has been
+deferred by the occurrences on the Rio Grande border, the records
+of which have been already communicated to each House of Congress in
+answer to their respective resolutions of inquiry. Assurances
+have been received that the authorities at the seat of the Mexican
+Government have both the disposition and the power to prevent and
+punish such unlawful invasions and depredations. It is earnestly to be
+hoped that events may prove these assurances to be well founded. The
+best interests of both countries require the maintenance of peace upon
+the border and the development of commerce between the two Republics.
+
+It is gratifying to add that this temporary interruption of official
+relations has not prevented due attention by the representatives of
+the United States in Mexico to the protection of American citizens, so
+far as practicable; nor has it interfered with the prompt payment of
+the amounts due from Mexico to the United States under the treaty of
+July 4, 1868, and the awards of the joint commission. While I do not
+anticipate an interruption of friendly relations with Mexico, yet I
+can not but look with some solicitude upon a continuance of border
+disorders as exposing the two countries to initiations of popular
+feeling and mischances of action which are naturally unfavorable to
+complete amity. Firmly determined that nothing shall be wanting on my
+part to promote a good understanding between the two nations, I yet
+must ask the attention of Congress to the actual occurrences on the
+border, that the lives and property of our citizens may be adequately
+protected and peace preserved.
+
+Another year has passed without bringing to a close the protracted
+contest between the Spanish Government and the insurrection in the
+island of Cuba. While the United States have sedulously abstained from
+any intervention in this contest, it is impossible not to feel that
+it is attended with incidents affecting the rights and interests of
+American citizens. Apart from the effect of the hostilities upon
+trade between the United States and Cuba, their progress is inevitably
+accompanied by complaints, having more or less foundation, of
+searches, arrests, embargoes, and oppressive taxes upon the property
+of American residents, and of unprovoked interference with American
+vessels and commerce. It is due to the Government of Spain to say that
+during the past year it has promptly disavowed and offered reparation
+for any unauthorized acts of unduly zealous subordinates whenever
+such acts have been brought to its attention. Nevertheless, such
+occurrences can not but tend to excite feelings of annoyance,
+suspicion, and resentment, which are greatly to be deprecated, between
+the respective subjects and citizens of two friendly powers.
+
+Much delay (consequent upon accusations of fraud in some of the
+awards) has occurred in respect to the distribution of the limited
+amounts received from Venezuela under the treaty of April 25, 1866,
+applicable to the awards of the joint commission created by that
+treaty. So long as these matters are pending in Congress the Executive
+can not assume either to pass upon the questions presented or to
+distribute the fund received. It is eminently desirable that definite
+legislative action should be taken, either affirming the awards to be
+final or providing some method for reexamination of the claims. Our
+relations with the Republics of Central and South America and with the
+Empire of Brazil have continued without serious change, further than
+the temporary interruption of diplomatic intercourse with Venezuela
+and with Guatemala. Amicable relations have already been fully
+restored with Venezuela, and it is not doubted that all grounds of
+misunderstanding with Guatemala will speedily be removed. From all
+these countries there are favorable indications of a disposition on
+the part of their Governments and people to reciprocate our efforts in
+the direction of increased commercial intercourse.
+
+The Government of the Samoan Islands has sent an envoy, in the person
+of its secretary of state, to invite the Government of the United
+States to recognize and protect their independence, to establish
+commercial relations with their people, and to assist them in their
+steps toward regulated and responsible government. The inhabitants
+of these islands, having made considerable progress in Christian
+civilization and the development of trade, are doubtful of their
+ability to maintain peace and independence without the aid of some
+stronger power. The subject is deemed worthy of respectful attention,
+and the claims upon our assistance by this distant community will be
+carefully considered.
+
+The long commercial depression in the United States has directed
+attention to the subject of the possible increase of our foreign trade
+and the methods for its development, not only with Europe, but with
+other countries, and especially with the States and sovereignties of
+the Western Hemisphere. Instructions from the Department of State
+were issued to the various diplomatic and consular officers of the
+Government, asking them to devote attention to the question of methods
+by which trade between the respective countries of their official
+residence and the United States could be most judiciously fostered.
+In obedience to these instructions, examinations and reports upon this
+subject have been made by many of these officers and transmitted to
+the Department, and the same are submitted to the consideration of
+Congress.
+
+The annual report of the Secretary of the Treasury on the state of the
+finances presents important questions for the action of Congress, upon
+some of which I have already remarked.
+
+The revenues of the Government during the fiscal year ending June 30,
+1877, were $269,000,586.62; the total expenditures for the same period
+were $238,660,008.93, leaving a surplus revenue of $30,340,577.69.
+This has substantially supplied the requirements of the sinking fund
+for that year. The estimated revenues of the current fiscal year are
+$265,500,000, and the estimated expenditures for the same period are
+$232,430,643.72. If these estimates prove to be correct, there will be
+a surplus revenue of $33,069,356.28--an amount nearly sufficient for
+the sinking fund for that year. The estimated revenues for the next
+fiscal year are $269,250,000. It appears from the report that during
+the last fiscal year the revenues of the Government, compared with the
+previous year, have largely decreased. This decrease, amounting to the
+sum of $18,481,452.54, was mainly in customs duties, caused partly
+by a large falling off of the amount of imported dutiable goods and
+partly by the general fall of prices in the markets of production of
+such articles as pay _ad valorem_ taxes.
+
+While this is felt injuriously in the diminution of the revenue, it
+has been accompanied with a very large increase of exportations. The
+total exports during the last fiscal year, including coin, have
+been $658,637,457, and the imports have been $492,097,540, leaving a
+balance of trade in favor of the United States amounting to the sum of
+$166,539,917, the beneficial effects of which extend to all branches
+of business.
+
+The estimated revenue for the next fiscal year will impose upon
+Congress the duty of strictly limiting appropriations, including the
+requisite sum for the maintenance of the sinking fund, within the
+aggregate estimated receipts.
+
+While the aggregate of taxes should not be increased, amendments
+might be made to the revenue laws that would, without diminishing the
+revenue, relieve the people from unnecessary burdens. A tax on tea and
+coffee is shown by the experience not only of our own country, but
+of other countries, to be easily collected, without loss by
+undervaluation or fraud, and largely borne in the country of
+production. A tax of 10 cents a pound on tea and 2 cents a pound on
+coffee would produce a revenue exceeding $12,000,000, and thus enable
+Congress to repeal a multitude of annoying taxes yielding a revenue
+not exceeding that sum. The internal-revenue system grew out of the
+necessities of the war, and most of the legislation imposing taxes
+upon domestic products under this system has been repealed. By the
+substitution of a tax on tea and coffee all forms of internal taxation
+may be repealed, except that on whisky, spirits, tobacco, and beer.
+Attention is also called to the necessity of enacting more vigorous
+laws for the protection of the revenue and for the punishment of
+frauds and smuggling. This can best be done by judicious provisions
+that will induce the disclosure of attempted fraud by undervaluation
+and smuggling. All revenue laws should be simple in their provisions
+and easily understood. So far as practicable, the rates of taxation
+should be in the form of specific duties, and not _ad valorem_,
+requiring the judgment of experienced men to ascertain values and
+exposing the revenue to the temptation of fraud.
+
+My attention has been called during the recess of Congress to abuses
+existing in the collection of the customs, and strenuous efforts
+have been made for their correction by Executive orders. The
+recommendations submitted to the Secretary of the Treasury by a
+commission appointed to examine into the collection of customs duties
+at the port of New York contain many suggestions for the modification
+of the customs laws, to which the attention of Congress is invited.
+
+It is matter of congratulation that notwithstanding the severe
+burdens caused by the war the public faith with all creditors has been
+preserved, and that as the result of this policy the public credit has
+continuously advanced and our public securities are regarded with the
+highest favor in the markets of the world. I trust that no act of the
+Government will cast a shadow upon its credit.
+
+The progress of refunding the public debt has been rapid and
+satisfactory. Under the contract existing when I entered upon the
+discharge of the duties of my office, bonds bearing interest at the
+rate of 4-1/2 per cent were being rapidly sold, and within three
+months the aggregate sales of these bonds had reached the sum of
+$200,000,000. With my sanction the Secretary of the Treasury entered
+into a new contract for the sale of 4 per cent bonds, and within
+thirty days after the popular subscription for such bonds was opened
+subscriptions were had amounting to $75,496,550, which were paid for
+within ninety days after the date of subscription. By this process,
+within but little more than one year, the annual interest on the
+public debt was reduced in the sum of $3,775,000.
+
+I recommended that suitable provision be made to enable the people to
+easily convert their savings into Government securities, as the best
+mode in which small savings may be well secured and yield a moderate
+interest. It is an object of public policy to retain among our own
+people the securities of the United States. In this way our country is
+guarded against their sudden return from foreign countries, caused by
+war or other disturbances beyond our limits.
+
+The commerce of the United States with foreign nations, and especially
+the export of domestic productions, has of late years largely
+increased; but the greater portion of this trade is conducted in
+foreign vessels. The importance of enlarging our foreign trade, and
+especially by direct and speedy interchange with countries on this
+continent, can not be overestimated; and it is a matter of great
+moment that our own shipping interest should receive, to the utmost
+practical extent, the benefit of our commerce with other lands. These
+considerations are forcibly urged by all the large commercial cities
+of the country, and public attention is generally and wisely attracted
+to the solution of the problems they present. It is not doubted that
+Congress will take them up in the broadest spirit of liberality
+and respond to the public demand by practical legislation upon this
+important subject.
+
+The report of the Secretary of War shows that the Army has been
+actively employed during the year, and has rendered very important
+service in suppressing hostilities in the Indian country and in
+preserving peace and protecting life and property in the interior as
+well as along the Mexican border. A long and arduous campaign has been
+prosecuted, with final complete success, against a portion of the Nez
+Percé tribe of Indians. A full account of this campaign will be found
+in the report of the General of the Army. It will be seen that in
+its course several severe battles were fought, in which a number of
+gallant officers and men lost their lives. I join with the Secretary
+of War and the General of the Army in awarding to the officers and men
+employed in the long and toilsome pursuit and in the final capture of
+these Indians the honor and praise which are so justly their due.
+
+The very serious riots which occurred in several of the States in July
+last rendered necessary the employment of a considerable portion of
+the Army to preserve the peace and maintain order. In the States of
+West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
+were so formidable as to defy the local and State authorities, and
+the National Executive was called upon, in the mode provided by the
+Constitution and laws, to furnish military aid. I am gratified to be
+able to state that the troops sent in response to these calls for aid
+in the suppression of domestic violence were able, by the influence
+of their presence in the disturbed regions, to preserve the peace
+and restore order without the use of force. In the discharge of this
+delicate and important duty both officers and men acted with great
+prudence and courage, and for their services deserve the thanks of the
+country.
+
+Disturbances along the Rio Grande in Texas, to which I have already
+referred, have rendered necessary the constant employment of a
+military force in that vicinity. A full report of all recent military
+operations in that quarter has been transmitted to the House of
+Representatives in answer to a resolution of that body, and it will
+therefore not be necessary to enter into details. I regret to say that
+these lawless incursions into our territory by armed bands from the
+Mexican side of the line, for the purpose of robbery, have been of
+frequent occurrence, and in spite of the most vigilant efforts of
+the commander of our forces the marauders have generally succeeded in
+escaping into Mexico with their plunder. In May last I gave orders for
+the exercise of the utmost vigilance on the part of our troops for the
+suppression of these raids and the punishment of the guilty parties,
+as well as the recapture of property stolen by them. General Ord,
+commanding in Texas, was directed to invite the cooperation of the
+Mexican authorities in efforts to this end, and to assure them that I
+was anxious to avoid giving the least offense to Mexico. At the same
+time, he was directed to give notice of my determination to put an
+end to the invasion of our territory by lawless bands intent upon the
+plunder of our peaceful citizens, even if the effectual punishment of
+the outlaws should make the crossing of the border by our troops in
+their pursuit necessary. It is believed that this policy has had
+the effect to check somewhat these depredations, and that with
+a considerable increase of our force upon that frontier and the
+establishment of several additional military posts along the Rio
+Grande, so as more effectually to guard that extensive border, peace
+may be preserved and the lives and property of our citizens in Texas
+fully protected.
+
+Prior to the 1st day of July last the Army was, in accordance with
+law, reduced to the maximum of 25,000 enlisted men, being a reduction
+of 2,500 below the force previously authorized. This reduction was
+made, as required by law, entirely from the infantry and artillery
+branches of the service, without any reduction of the cavalry. Under
+the law as it now stands it is necessary that the cavalry regiments
+be recruited to 100 men in each company for service on the Mexican
+and Indian frontiers. The necessary effect of this legislation is to
+reduce the infantry and artillery arms of the service below the number
+required for efficiency, and I concur with the Secretary of War in
+recommending that authority be given to recruit all companies of
+infantry to at least 50 men and all batteries of artillery to at least
+75 men, with the power, in case of emergency, to increase the former
+to 100 and the latter to 122 men each.
+
+I invite your special attention to the following recommendations of
+the Secretary of War:
+
+First. That provision be made for supplying to the Army a more
+abundant and better supply of reading matter.
+
+Second. That early action be taken by Congress looking to a complete
+revision and republication of the Army Regulations.
+
+Third. That section 1258 of the Revised Statutes, limiting the number
+of officers on the retired list, be repealed.
+
+Fourth. That the claims arising under the act of July 4, 1864, for
+supplies taken by the Army during the war, be taken from the offices
+of the Quartermaster and Commissary Generals and transferred to the
+Southern Claims Commission, or some other tribunal having more time
+and better facilities for their prompt investigation and decision than
+are possessed by these officers.
+
+Fifth. That Congress provide for an annuity fund for the families
+of deceased soldiers, as recommended by the Paymaster-General of the
+Army.
+
+The report of the Secretary of the Navy shows that we have six
+squadrons now engaged in the protection of our foreign commerce
+and other duties pertaining to the naval service. The condition and
+operations of the Department are also shown. The total expenditures
+for the fiscal year ending June 30, 1877, were $16,077,974.54. There
+are unpaid claims against the Department chargeable to the last year,
+which are presented to the consideration of Congress by the report of
+the Secretary. The estimates for the fiscal year commencing July 1,
+1878, are $16,233,234.40, exclusive of the sum of $2,314,231
+submitted for new buildings, repairs, and improvements at the several
+navy-yards. The appropriations for the present fiscal year, commencing
+July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury
+from July 1 to November 1, 1877, is $5,343,037.40, of which there is
+estimated to be yet available $1,029,528.30, showing the amount of
+actual expenditure during the first four months of the present fiscal
+year to have been $4,313,509.10.
+
+The report of the Postmaster-General contains a full and clear
+statement of the operations and condition of the Post-Office
+Department. The ordinary revenues of the Department for the fiscal
+year ending June 30, 1877, including receipts from the money-order
+business and from official stamps and stamped envelopes, amounted
+to the sum of $27,531,585.26. The additional sum of $7,013,000 was
+realized from appropriations from the general Treasury for various
+purposes, making the receipts from all sources $34,544,885.26. The
+total expenditures during the fiscal year amounted to $33,486,322.44,
+leaving an excess of total receipts over total expenditures of
+$1,058,562.82, and an excess of total expenditures over ordinary
+receipts of $5,954,737.18. Deducting from the total receipts the
+sum of $63,261.84, received from international money orders of the
+preceding fiscal year, and deducting from the total expenditures the
+sum of $1,163,818.20, paid on liabilities incurred in previous fiscal
+years, the expenditures and receipts appertaining to the business of
+the last fiscal year were as follows:
+
+ Expenditures $32,322,504.24
+ Receipts (ordinary, from money-order business
+ and from official postage stamps) 27,468,323.42
+ _____________
+ Excess of expenditures 4,854,180.82
+
+
+The ordinary revenues of the Post-Office Department for the year
+ending June 30, 1879, are estimated at an increase of 3 per cent over
+those of 1877, making $29,034,098.28, and the expenditures for
+the same year are estimated at $36,427,771, leaving an estimated
+deficiency for the year 1879 of $7,393,672.72. The additional
+legislation recommended by the Postmaster-General for improvements of
+the mail service and to protect the postal revenues from the abuses
+practiced under existing laws is respectfully commended to the careful
+consideration of Congress.
+
+The report of the Attorney-General contains several suggestions as to
+the administration of justice, to which I invite your attention.
+The pressure of business in the Supreme Court and in certain circuit
+courts of the United States is now such that serious delays, to the
+great injury, and even oppression, of suitors, occur, and a remedy
+should be sought for this condition of affairs. Whether it will be
+found in the plan briefly sketched in the report, of increasing the
+number of judges of the circuit courts, and, by means of this addition
+to the judicial force, of creating an intermediate court of errors and
+appeals, or whether some other mode can be devised for obviating the
+difficulties which now exist, I leave to your mature consideration.
+
+The present condition of the Indian tribes in the territory of the
+United States and our relations with them are fully set forth in
+the reports of the Secretary of the Interior and the Commissioner
+of Indian Affairs. After a series of most deplorable conflicts--the
+successful termination of which, while reflecting honor upon the
+brave soldiers who accomplished it, can not lessen our regret at their
+occurrence--we are now at peace with all the Indian tribes within our
+borders. To preserve that peace by a just and humane policy will be
+the object of my earnest endeavors. Whatever may be said of their
+character and savage propensities, of the difficulties of introducing
+among them the habits of civilized life, and of the obstacles they
+have offered to the progress of settlement and enterprise in certain
+parts of the country, the Indians are certainly entitled to our
+sympathy and to a conscientious respect on our part for their claims
+upon our sense of justice. They were the aboriginal occupants of the
+land we now possess. They have been driven from place to place. The
+purchase money paid to them in some cases for what they called their
+own has still left them poor. In many instances, when they had settled
+down upon land assigned to them by compact and begun to support
+themselves by their own labor, they were rudely jostled off and thrust
+into the wilderness again. Many, if not most, of our Indian wars have
+had their origin in broken promises and acts of injustice upon our
+part, and the advance of the Indians in civilization has been slow
+because the treatment they received did not permit it to be faster
+and more general. We can not expect them to improve and to follow our
+guidance unless we keep faith with them in respecting the rights they
+possess, and unless, instead of depriving them of their opportunities,
+we lend them a helping hand.
+
+I cordially approve the policy regarding the management of Indian
+affairs outlined in the reports of the Secretary of the Interior and
+of the Commissioner of Indian Affairs. The faithful performance of
+our promises is the first condition of a good understanding with the
+Indians. I can not too urgently recommend to Congress that prompt and
+liberal provision be made for the conscientious fulfillment of all
+engagements entered into by the Government with the Indian tribes.
+To withhold the means necessary for the performance of a promise
+is always false economy, and is apt to prove disastrous in its
+consequences. Especial care is recommended to provide for Indians
+settled on their reservations cattle and agricultural implements, to
+aid them in whatever efforts they may make to support themselves, and
+by the establishment and maintenance of schools to bring them under
+the control of civilized influences. I see no reason why Indians who
+can give satisfactory proof of having by their own labor supported
+their families for a number of years, and who are willing to detach
+themselves from their tribal relations, should not be admitted to the
+benefit of the homestead act and the privileges of citizenship, and
+I recommend the passage of a law to that effect. It will be an act
+of justice as well as a measure of encouragement. Earnest efforts
+are being made to purify the Indian service, so that every dollar
+appropriated by Congress shall redound to the benefit of the Indians,
+as intended. Those efforts will have my firm support. With an improved
+service and every possible encouragement held out to the Indians
+to better their condition and to elevate themselves in the scale of
+civilization, we may hope to accomplish at the same time a good work
+for them and for ourselves.
+
+I invite the attention of Congress to the importance of the statements
+and suggestions made by the Secretary of the Interior concerning the
+depredations committed on the timber lands of the United States and
+the necessity for the preservation of forests. It is believed that
+the measures taken in pursuance of existing laws to arrest those
+depredations will be entirely successful if Congress, by an
+appropriation for that purpose, renders their continued enforcement
+possible. The experience of other nations teaches us that a country
+can not be stripped of its forests with impunity, and we shall
+expose ourselves to the gravest consequences unless the wasteful
+and improvident manner in which the forests in the United States
+are destroyed be effectually checked. I earnestly recommend that
+the measures suggested by the Secretary of the Interior for the
+suppression of depredations on the public timber lands of the United
+States, for the selling of timber from the public lands, and for the
+preservation of forests be embodied in a law, and that, considering
+the urgent necessity of enabling the people of certain States and
+Territories to purchase timber from the public lands in a legal
+manner, which at present they can not do, such a law be passed without
+unavoidable delay. I would also call the attention of Congress to
+the statements made by the Secretary of the Interior concerning the
+disposition that might be made of the desert lands, not irrigable,
+west of the one hundredth meridian. These lands are practically
+unsalable under existing laws, and the suggestion is worthy of
+consideration that a system of leasehold tenure would make them
+a source of profit to the United States, while at the same time
+legalizing the business of cattle raising which is at present carried
+on upon them.
+
+The report of the Commissioner of Agriculture contains the gratifying
+announcement of the extraordinary success which has rewarded the
+agricultural industry of the country for the past year. With the fair
+prices which obtain for the products of the soil, especially for the
+surplus which our people have to export, we may confidently turn to
+this as the most important of all our resources for the revival of the
+depressed industries of the country. The report shows our agricultural
+progress during the year, and contains a statement of the work done
+by this Department for the advancement of agricultural industry, upon
+which the prosperity of our people so largely depends. Matters of
+information are included of great interest to all who seek, by the
+experience of others, to improve their own methods of cultivation.
+The efforts of the Department to increase the production of important
+articles of consumption will, it is hoped, improve the demand for
+labor and advance the business of the country, and eventually result
+in saving some of the many millions that are now annually paid to
+foreign nations for sugar and other staple products which habitual use
+has made necessary in our domestic everyday life.
+
+The board on behalf of the United States Executive Departments at the
+International Exhibition of 1876 has concluded its labors. The final
+report of the board was transmitted to Congress by the President
+near the close of the last session. As these papers are understood to
+contain interesting and valuable information, and will constitute
+the only report emanating from the Government on the subject of the
+exhibition, I invite attention to the matter and recommend that the
+report be published for general information.
+
+Congress is empowered by the Constitution with the authority of
+exclusive legislation over the District of Columbia, in which the seat
+of Government of the nation is located. The interests of the District,
+having no direct representation in Congress, are entitled to especial
+consideration and care at the hands of the General Government. The
+capital of the United States belongs to the nation, and it is natural
+that the American people should take pride in the seat of their
+National Government and desire it to be an ornament to the country.
+Much has been done to render it healthful, convenient, and attractive,
+but much remains to be done, which its permanent inhabitants are not
+able and ought not to be expected to do. To impose upon them a large
+proportion of the cost required for public improvements, which are
+in a great measure planned and executed for the convenience of the
+Government and of the many thousands of visitors from all parts of
+the country who temporarily reside at the capital of the nation, is an
+evident injustice. Special attention is asked by the Commissioners of
+the District in their report, which is herewith transmitted, to the
+importance of a permanent adjustment by Congress of the financial
+relations between the United States and the District, involving
+the regular annual contribution by the United States of its just
+proportion of the expenses of the District government and of the
+outlay for all needed public improvements, and such measure of
+relief from the burden of taxation now resting upon the people of the
+District as in the wisdom of Congress may be deemed just.
+
+The report of the Commissioners shows that the affairs of the District
+are in a condition as satisfactory as could be expected in view of the
+heavy burden of debt resting upon it and its very limited means for
+necessary expenses.
+
+The debt of the District is as follows:
+
+ Old funded debt $8,379,691.96
+ 3.65 bonds, guaranteed by the United States 13,743,250.00
+ _____________
+ Total bonded debt 22,122,941.96
+
+ To which should be added certain outstanding claims,
+ as explained in the report of the Commissioners 1,187,204.52
+ _____________
+ Making the total debt of the District 23,310,146.48
+
+
+The Commissioners also ask attention to the importance of the
+improvement of the Potomac River and the reclamation of the marshes
+bordering the city of Washington, and their views upon this subject
+are concurred in by the members of the board of health, whose report
+is also herewith transmitted. Both the commercial and sanitary
+interests of the District will be greatly promoted, I doubt not,
+by this improvement.
+
+Your attention is invited to the suggestion of the Commissioners and
+of the board of health for the organization of a board of charities,
+to have supervision and control of the disbursement of all moneys for
+charitable purposes from the District treasury. I desire also to ask
+your especial attention to the need of adding to the efficiency of the
+public schools of the District by supplemental aid from the National
+Treasury. This is especially just, since so large a number of those
+attending these schools are children of employees of the Government.
+I earnestly commend to your care the interests of the people of
+the District, who are so intimately associated with the Government
+establishments, and to whose enterprise the good order and
+attractiveness of the capital are largely due; and I ask your
+attention to the request of the Commissioners for legislation in
+behalf of the interests intrusted to their care. The appropriations
+asked for the care of the reservations belonging to the Government
+within the city, by the Commissioner of Public Buildings and Grounds,
+are also commended to your favorable consideration.
+
+The report of the joint commission created by the act approved 2d of
+August, 1876, entitled "An act providing for the completion of the
+Washington Monument," is also herewith transmitted, with accompanying
+documents. The board of engineer officers detailed to examine the
+monument, in compliance with the second section of the act, have
+reported that the foundation is insufficient. No authority exists for
+making the expenditure necessary to secure its stability. I therefore
+recommend that the commission be authorized to expend such portion of
+the sum appropriated by the act as may be necessary for the purpose.
+The present unfinished condition of the monument, begun so long ago,
+is a reproach to the nation. It can not be doubted that the patriotic
+sense of the country will warmly respond to such prompt provision
+as may be made for its completion at an early day, and I urge upon
+Congress the propriety and necessity of immediate legislation for this
+purpose.
+
+The wisdom of legislation upon the part of Congress, in aid of the
+States, for the education of the whole people in those branches of
+study which are taught in the common schools of the country is no
+longer a question. The intelligent judgment of the country goes still
+further, regarding it as also both constitutional and expedient for
+the General Government to extend to technical and higher education,
+such aid as is deemed essential to the general welfare and to our due
+prominence among the enlightened and cultured nations of the world.
+The ultimate settlement of all questions of the future, whether of
+administration or finance or of true nationality of sentiment, depends
+upon the virtue and intelligence of the people. It is vain to hope
+for the success of a free government without the means of insuring
+the intelligence of those who are the source of power. No less than
+one-seventh of the entire voting population of our country are yet
+unable to read and write.
+
+It is encouraging to observe, in connection with the growth of
+fraternal feeling in those States in which slavery formerly existed,
+evidences of increasing interest in universal education, and I shall
+be glad to give my approval to any appropriate measures which may be
+enacted by Congress for the purpose of supplementing with national aid
+the local systems of education in those States and in all the States;
+and, having already invited your attention to the needs of the
+District of Columbia with respect to its public-school system, I here
+add that I believe it desirable, not so much with reference to the
+local wants of the District, but to the great and lasting benefit
+of the entire country, that this system should be crowned with a
+university in all respects in keeping with the national capital, and
+thereby realize the cherished hopes of Washington on this subject.
+
+I also earnestly commend the request of the Regents of the
+Smithsonian Institution that an adequate appropriation be made for
+the establishment and conduct of a national museum under their
+supervision.
+
+The question of providing for the preservation and growth of the
+Library of Congress is also one of national importance. As the
+depository of all copyright publications and records, this library has
+outgrown the provisions for its accommodation; and the erection, on
+such site as the judgment of Congress may approve, of a fireproof
+library building, to preserve the treasures and enlarge the usefulness
+of this valuable collection, is recommended. I recommend also such
+legislation as will render available and efficient for the purposes
+of instruction, so far as is consistent with the public service, the
+cabinets or museums of invention, of surgery, of education, and
+of agriculture, and other collections the property of the National
+Government.
+
+The capital of the nation should be something more than a mere
+political center. We should avail ourselves of all the opportunities
+which Providence has here placed at our command to promote the general
+intelligence of the people and increase the conditions most favorable
+to the success and perpetuity of our institutions.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _December 10, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the information of Congress, a copy of the
+report of the commission appointed by me on the 27th of September,
+1877, to examine the several public buildings in this city
+and determine the nature and extent of their security against
+conflagrations and the measures to be taken to guard the buildings and
+their contents from destruction or damage by fire.
+
+The records of the Government constitute a most valuable collection
+for the country, whether we consider their pecuniary value or their
+historical importance; and it becomes my duty to call your attention
+to the means suggested for securing these valuable archives, as well
+as the buildings in which they are stored. The commissioners
+have performed their duties intelligently and faithfully. Their
+recommendations are fully concurred in by me and commended to the
+favorable consideration of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 10, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith an additional report (and an
+accompanying statement) addressed to me by the commissioners appointed
+under the act of Congress approved July 19, 1876, authorizing the
+repavement of that part of Pennsylvania avenue lying between the
+Treasury Department and the Capitol Grounds.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 13, 1877_.
+
+_To the House of Representatives_:
+
+I transmit herewith a special report upon the subject of forestry by
+the Commissioner of Agriculture, with the accompanying documents.
+
+R.B. HAYES.
+
+[A similar message was sent to the Senate.]
+
+
+
+WASHINGTON, _January 11, 1878_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 3d
+ultimo, requesting to be furnished with the correspondence between the
+Government of Venezuela and that of the United States had since the
+adjournment of the first session of the Forty-fourth Congress in
+relation to the Venezuela Mixed Claims Commission, I transmit the
+report of the Secretary of State, together with its accompanying
+documents.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 14, 1878_.
+
+_To the Senate of the United States_:
+
+I have received the following resolution of the Senate:
+
+ IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
+ _December 11, 1877._
+
+ _Resolved_, That the President be respectfully requested
+ to inform the Senate, with the view to the transaction of
+ its executive business, whether in any of the instances of
+ nominations hitherto sent to the Senate stated to be for
+ appointment in place of officers removed such removals had
+ been made at the time of sending such nominations to the
+ Senate.
+
+
+In reply I would respectfully inform the Senate that in the instances
+referred to removals had not been made at the time the nominations
+were sent to the Senate. The form used for such nominations was one
+found to have been in existence and heretofore used in some of
+the Departments, and was intended to inform the Senate that if the
+nomination proposed were approved it would operate to remove an
+incumbent whose name was indicated.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 17, 1878_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of the 13th November last
+calling for information concerning the cause, numbers engaged, number
+of lives lost, and probable cost of the late so-called Nez Percé War,
+I have the honor to submit the accompanying communication from the
+General of the Army and an extract from the annual report of that
+officer. Upon the subject of the cost of the Nez Percé War, I submit
+reports from the Quartermaster-General and the Commissary-General of
+Subsistence.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _January 18, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of friendship and commerce between the United
+States and the Government of the Samoan Islands, signed on the 17th
+instant.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 18, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of December 6, 1877, I
+inclose a report made to me by the Attorney-General, the results
+of which seem to be correct, and which affords the information[8]
+requested.
+
+R.B. HAYES.
+
+[Footnote 8: Operation of the Union Pacific Railroad and its branches.]
+
+[A similar message was sent to the House of Representatives, in answer
+to a resolution of that body of November 27, 1877.]
+
+
+
+EXECUTIVE MANSION, _January 23, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of November 16, 1877,
+I transmit reports[9] made to me by the Attorney-General and the
+Secretary of the Navy.
+
+R.B. HAYES.
+
+[Footnote 9: Relating to the seizure of logs, lumber, and naval stores
+suspected or having been taken from the public lands.]
+
+
+
+EXECUTIVE MANSION, _January 29, 1878_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 10th ultimo, I
+transmit herewith copies of reports[10] of the Commissioners of
+Indian Affairs and General Land Office, dated 9th and 21st instant,
+respectively.
+
+R.B. HAYES.
+
+[Footnote 10: Relating to payments to the Ute Indians under the fourth
+article of the agreement of September 13, 1873, and to the occupancy
+of lands ceded by said Indians.]
+
+
+
+EXECUTIVE MANSION, _February 4, 1878_.
+
+_To the Senate and House of Representatives_:
+
+The commission appointed under the act of Congress approved March
+3, 1873, entitled "An act to authorize inquiries into the causes of
+steam-boiler explosions," have addressed a report of progress, made to
+date thereof, to the Secretaries of the Treasury and Navy Departments,
+which has been transmitted to me by these officers. The commission
+also present a copy of a report dated February 27, 1877, which they
+say "was mislaid and did not reach the President." These reports are
+respectfully submitted for the information of Congress.
+
+
+
+WASHINGTON, _February 6, 1878_.
+
+_To the Senate_:
+
+I transmit herewith, in compliance with a resolution of the Senate of
+the 6th of December last, a report from the Secretary of State and its
+accompanying papers.[11]
+
+R.B. HAYES.
+
+[Footnote 11: Correspondence relative to the Franco-German War.]
+
+
+
+EXECUTIVE MANSION, _February 11, 1878_.
+
+_To the Senate and House of Representatives_:
+
+In compliance with the resolution of Congress entitled "Joint
+resolution accepting a painting[12] tendered to Congress by Mrs.
+Elizabeth Thompson," approved by me on the 1st instant, I have this
+day caused a copy of the resolution to be delivered to Mrs. Thompson.
+
+R.B. HAYES.
+
+[Footnote 12: Carpenter's painting of President Lincoln and his Cabinet
+at the time of his first reading of the Proclamation of Emancipation.]
+
+
+
+EXECUTIVE MANSION, _February 20, 1878_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of January 30, 1878,
+I transmit herewith a report,[13] dated the 16th instant, from the
+Commissioner of Indian Affairs.
+
+R.B. HAYES.
+
+[Footnote 13: Relating to the survey of lands in the Indian Territory,
+etc.]
+
+
+
+EXECUTIVE MANSION, _February 20, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate dated December 7, 1877,
+I transmit herewith reports from the General of the Army, the
+Quartermaster-General, the Commissary-General of Subsistence, and the
+Chief of Ordnance, showing what has been the cost (estimated) of the
+late war with the Sioux Indians, and what the casualties of rank and
+file among the soldiers engaged in said Sioux War.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 27, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the information of the Senate, the reply of
+the Commissioner of Agriculture to a resolution of the Senate of the
+20th instant, "relative to the disease prevailing among swine," etc.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 21, 1878_.
+
+_To the Senate_:
+
+In answer to the resolution of the Senate of the 11th of March
+instant, I herewith transmit a report from the Secretary of State,
+with accompanying documents.[14]
+
+R.B. HAYES.
+
+[Footnote 14: Correspondence relative to the appointment of a third
+commissioner under the twenty-third article of the treaty with Great
+Britain of May 8, 1871, on the question of the fisheries.]
+
+
+
+EXECUTIVE MANSION, _March 25, 1878_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of December 7,
+1877, as to the cost of the Sioux War, I transmit copies of additional
+reports on the subject received from the Military Division of the
+Missouri.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _March 27, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the Senate's resolution of the 14th ultimo, requesting to
+be furnished with a copy of correspondence between the Government of
+the United States and that of China respecting the "Ward" claims and
+the claim of Charles E. Hill, I herewith submit a letter from the
+Secretary of State, together with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 29, 1878_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in compliance with a resolution of the House of
+Representatives of the 21st ultimo, a report from the Secretary of
+State and its accompanying papers.[15]
+
+R.B. HAYES.
+
+[Footnote 15: Correspondence with Spain relative to the seizure of the
+steamer _Virginius_, etc.]
+
+
+
+EXECUTIVE MANSION, _May 2, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of April 16, 1878,1 transmit
+herewith reports[16] made to me by the Secretary of the Treasury and
+the Attorney-General.
+
+R.B. HAYES.
+
+[Footnote 16: Relating to the defalcations of William R. Whitaker while
+collector of internal revenue for the first district of Louisiana and
+while assistant treasurer of the United States at New Orleans.]
+
+
+
+WASHINGTON, _May 10, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention defining the rights, immunities, and
+privileges of consular officers, between the United States and His
+Majesty the King of Italy, signed on the 8th instant.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 14, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 29th ultimo, I
+transmit herewith a report from the Secretary of State, with its
+accompanying papers.[17]
+
+R.B. HAYES.
+
+[Footnote 17: Correspondence relative to the terms and conditions under
+which the Cuban insurgents surrendered and to the policy of Spain in
+the government of Cuba.]
+
+
+
+EXECUTIVE MANSION, _May 17, 1878_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit, for your appropriate action, a communication
+from the Secretary of State, on the subject of the result of the
+deliberations of the Fishery Commission appointed under certain
+provisions of the treaty of Washington, with the accompanying
+documents.
+
+Article XXII of the treaty provides that any sum of money which the
+commissioners may award shall be paid by the United States Government
+in a gross sum within twelve months after such award shall have been
+given.
+
+The commission announced the result of its deliberations on the 23d
+day of November last year, and an appropriation at the present session
+of Congress will be necessary to enable the Government to make the
+payment provided for in the treaty.
+
+I respectfully submit to the consideration of Congress the record
+of the transaction as presented upon the papers, and recommend an
+appropriation of the necessary sum, with such discretion to the
+executive government in regard to its payment as in the wisdom of
+Congress the public interests may seem to require.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 25, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to its
+ratification, a consular convention between the United States and the
+Netherlands, signed on the 23d instant.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 11, 1878_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+27th May ultimo, I transmit the response of the Secretary of State,
+accompanied by a copy of the papers[18] called for by the resolution.
+
+R.B. HAYES.
+
+[Footnote 18: Relating to the convention of May 20, 1875, for the
+establishment of an international bureau of weights and measures.]
+
+
+
+EXECUTIVE MANSION, _June 12, 1878_.
+
+_To the Senate and House of Representatives_:
+
+In transmitting herewith to Congress a communication from the
+Secretary of State on the subject of the conference provided for
+in the act of February 28, 1878, entitled "An act to authorize the
+coinage of the standard silver dollar and to restore its legal-tender
+character," I respectfully recommend that an adequate appropriation be
+made for certain expenses of the conference and of the commissioners
+attending the same on behalf of the United States, as suggested in the
+communication of the Secretary of State.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 15, 1878_.
+
+_To the House of Representatives_:
+
+I have the honor to transmit herewith the report of the board for
+testing iron, steel, and other metals, as requested in the resolution
+of the House of Representatives dated April 27, 1878.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June,7, 1878_.
+
+_To the Senate_:
+
+In answer to the resolution of the Senate of the 27th of May ultimo,
+I herewith transmit a report from the Secretary of State, with
+accompanying documents.[19]
+
+R.B. HAYES.
+
+[Footnote 19: Correspondence, etc., relative to the selection of M.
+Maurice Delfosse as one of the commissioners under the treaty with
+Great Britain of May 8, 1871, on the fisheries question.]
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _February 28, 1878_.
+
+_To the House of Representatives_:
+
+After a very careful consideration of the House bill No. 1093,
+entitled "An act to authorize the coinage of the standard silver
+dollar and to restore its legal-tender character," I feel compelled
+to return it to the House of Representatives, in which it originated,
+with my objections to its passage.
+
+Holding the opinion, which I expressed in my annual message, that
+"neither the interests of the Government nor of the people of the
+United States would be promoted by disparaging silver as one of the
+two precious metals which furnish the coinage of the world, and that
+legislation which looks to maintaining the volume of intrinsic money
+to as full a measure of both metals as their relative commercial
+values will permit would be neither unjust nor inexpedient," it has
+been my earnest desire to concur with Congress in the adoption of such
+measures to increase the silver coinage of the country as would not
+impair the obligation of contracts, either public or private, nor
+injuriously affect the public credit. It is only upon the conviction
+that this bill does not meet these essential requirements that I feel
+it my duty to withhold from it my approval.
+
+My present official duty as to this bill permits only an attention to
+the specific objections to its passage which seem to me so important
+as to justify me in asking from the wisdom and duty of Congress that
+further consideration of the bill for which the Constitution has in
+such cases provided.
+
+The bill provides for the coinage of silver dollars of the weight of
+412-1/2 grains each, of standard silver, to be a legal tender at their
+nominal value for all debts and dues, public and private, except where
+otherwise expressly stipulated in the contract. It is well known that
+the market value of that number of grains of standard silver during
+the past year has been from 90 to 92 cents as compared with the
+standard gold dollar. Thus the silver dollar authorized by this bill
+is worth 8 to 10 per cent less than it purports to be worth, and
+is made a legal tender for debts contracted when the law did not
+recognize such coins as lawful money.
+
+The right to pay duties in silver or in certificates for silver
+deposits will, when they are issued in sufficient amount to circulate,
+put an end to the receipt of revenue in gold, and thus compel the
+payment of silver for both the principal and interest of the public
+debt. One billion one hundred and forty-three million four hundred
+and ninety-three thousand four hundred dollars of the bonded debt now
+outstanding was issued prior to February, 1873, when the silver dollar
+was unknown in circulation in this country, and was only a convenient
+form of silver bullion for exportation; $583,440,350 of the funded
+debt has been issued since February, 1873, when gold alone was the
+coin for which the bonds were sold, and gold alone was the coin in
+which both parties to the contract understood that the bonds would
+be paid. These bonds entered into the markets of the world. They were
+paid for in gold when silver had greatly depreciated, and when no one
+would have bought them if it had been understood that they would be
+paid in silver. The sum of $225,000,000 of these bonds has been sold
+during my Administration for gold coin, and the United States received
+the benefit of these sales by a reduction of the rate of interest to
+4 per cent. During the progress of these sales a doubt was suggested
+as to the coin in which payment of these bonds would be made. The
+public announcement was thereupon authorized that it was "not to be
+anticipated that any future legislation of Congress or any action
+of any department of the Government would sanction or tolerate the
+redemption of the principal of these bonds or the payment of the
+interest thereon in coin of less value than the coin authorized by law
+at the time of the issue of the bonds, being the coin exacted by the
+Government in exchange for the same." In view of these facts it will
+be justly regarded as a grave breach of the public faith to undertake
+to pay these bonds, principal or interest, in silver coin worth in the
+market less than the coin received for them.
+
+It is said that the silver dollar made a legal tender by this bill
+will under its operation be equivalent in value to the gold dollar.
+Many supporters of the bill believe this, and would not justify an
+attempt to pay debts, either public or private, in coin of inferior
+value to the money of the world. The capital defect of the bill
+is that it contains no provision protecting from its operation
+preexisting debts in case the coinage which it creates shall continue
+to be of less value than that which was the sole legal tender when
+they were contracted. If it is now proposed, for the purpose of taking
+advantage of the depreciation of silver in the payment of debts, to
+coin and make a legal tender a silver dollar of less commercial value
+than any dollar, whether of gold or paper, which is now lawful money
+in this country, such measure, it will hardly be questioned, will,
+in the judgment of mankind, be an act of bad faith. As to all debts
+heretofore contracted, the silver dollar should be made a legal tender
+only at its market value. The standard of value should not be changed
+without the consent of both parties to the contract. National promises
+should be kept with unflinching fidelity. There is no power to compel
+a nation to pay its just debts. Its credit depends on its honor. The
+nation owes what it has led or allowed its creditors to expect. I can
+not approve a bill which in my judgment authorizes the violation of
+sacred obligations. The obligation of the public faith transcends
+all questions of profit or public advantage. Its unquestionable
+maintenance is the dictate as well of the highest expediency as of
+the most necessary duty, and should ever be carefully guarded by the
+Executive, by Congress, and by the people.
+
+It is my firm conviction that if the country is to be benefited by a
+silver coinage it can be done only by the issue of silver dollars of
+full value, which will defraud no man. A currency worth less than it
+purports to be worth will in the end defraud not only creditors, but
+all who are engaged in legitimate business, and none more surely than
+those who are dependent on their daily labor for their daily bread.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 6, 1878._
+
+_To the House of Representatives:_
+
+I return herewith House bill No. 3072, entitled "An act to authorize
+a special term of the circuit court of the United States for the
+southern district of Mississippi to be held at Scranton, in Jackson
+County," with the following objections to its becoming a law:
+
+The act provides that a special term of the circuit court of the
+United States for the southern district of Mississippi shall be held
+at Scranton, in Jackson County, Miss., to begin on the second Monday
+in March, 1878, and directs the clerk of said court to "cause notice
+of said special term of said court to be published in a newspaper in
+Jackson, Miss., and also in a newspaper in Scranton, at least ten days
+before the beginning thereof."
+
+The act can not be executed, inasmuch as there is not sufficient time
+to give the notice of the holding of the special term which Congress
+thought proper to require.
+
+The number of suits to be tried at the special term in which the
+United States is interested is forty-nine, and the amount involved
+exceeds $200,000. The Government can not prepare for trial at said
+special term, because no fund appropriated by Congress can be made
+available for that purpose. If, therefore, the Government is compelled
+to go to trial at the special term provided for by this bill, the
+United States must be defeated for want of time and means to make
+preparation for the proper vindication of its rights.
+
+The bill is therefore returned for the further consideration of
+Congress.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it is provided in the laws of the United States that whenever,
+by reason of unlawful obstructions, combinations or assemblages of
+persons, or rebellion against the authority of the Government of the
+United States, it shall become impracticable, in the judgment of the
+President, to enforce by the ordinary course of judicial proceedings
+the laws of the United States within any State or Territory, it shall
+be lawful for the President to call forth the militia of any or all
+the States and to employ such parts of the land and naval forces of
+the United States as he may deem necessary to enforce the faithful
+execution of the laws of the United States or to suppress such
+rebellion, in whatever State or Territory thereof the laws of the
+United States may be forcibly opposed or the execution thereof
+forcibly obstructed; and
+
+Whereas it has been made to appear to me that, by reason of unlawful
+combinations and assemblages of persons in arms, it has become
+impracticable to enforce by the ordinary course of judicial
+proceedings the laws of the United States within the Territory of New
+Mexico, and especially within Lincoln County therein, and that the
+laws of the United States have been therein forcibly opposed and the
+execution thereof forcibly resisted; 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 of enforcing the faithful execution of the laws of
+the United States, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do hereby admonish all good citizens of the United States,
+and especially of the Territory of New Mexico, against aiding,
+countenancing, abetting, or taking part in any such unlawful
+proceedings; and I do hereby warn all persons engaged in or connected
+with said obstruction of the laws to disperse and retire peaceably to
+their respective abodes on or before noon of the 13th day of October
+instant.
+
+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 7th day of October, A.D. 1878,
+and of the Independence of the United States the one hundred and
+third.
+
+R.B. HAYES.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+The recurrence of that season at which it is the habit of our people
+to make devout and public confession of their constant dependence upon
+the divine favor for all the good gifts of life and happiness and
+of public peace and prosperity exhibits in the record of the year
+abundant reasons for our gratitude and thanksgiving.
+
+Exuberant harvests, productive mines, ample crops of the staples of
+trade and manufactures, have enriched the country.
+
+The resources thus furnished to our reviving industry and expanding
+commerce are hastening the day when discords and distresses through
+the length and breadth of the land will, under the continued favor
+of Providence, have given way to confidence and energy and assured
+prosperity.
+
+Peace with all nations has been maintained unbroken, domestic
+tranquillity has prevailed, and the institutions of liberty and
+justice which the wisdom and virtue of our fathers established remain
+the glory and defense of their children.
+
+The general prevalence of the blessings of health through our wide
+land has made more conspicuous the sufferings and sorrows which the
+dark shadow of pestilence has cast upon a portion of our people. This
+heavy affliction even the Divine Ruler has tempered to the suffering
+communities in the universal sympathy and succor which have flowed to
+their relief, and the whole nation may rejoice in the unity of spirit
+in our people by which they cheerfully share one another's burdens.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 28th day of November next, as a day
+of national thanksgiving and prayer; and I earnestly recommend that,
+withdrawing themselves from secular cares and labors, the people of
+the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 30th day of October, A.D. 1878,
+and of the Independence of the United States the one hundred and
+third.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE MANSION, _Washington, December 31, 1877_.
+
+JAMES H. COGGESHALL, Esq.,
+ _Marshal of the United States for the
+ District of Rhode Island, Providence, R.I._
+
+SIR: By virtue of the authority conferred upon me by section 5287 of
+the Revised Statutes of the United States, and in execution of the
+same, you are hereby empowered and directed to take possession of the
+steamer _Estelle_, now or lately lying at Bristol, in Rhode Island,
+and to detain the same until further orders from me concerning the
+same, and to employ such portion of the land and naval forces of the
+United States as may be necessary for that purpose.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, May 27, 1878_.
+
+SIR:[20] I am directed by the President to say that the several
+Departments of the Government will be closed on Thursday, the 30th
+instant, in respect to the memory of those who fell in defense of the
+Union, and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 20: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 2, 1878_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+Our heartfelt gratitude is due to the Divine Being who holds in His
+hands the destinies of nations for the continued bestowal during the
+last year of countless blessings upon our country.
+
+We are at peace with all other nations. Our public credit has greatly
+improved, and is perhaps now stronger than ever before. Abundant
+harvests have rewarded the labors of those who till the soil, our
+manufacturing industries are reviving, and it is believed that general
+prosperity, which has been so long anxiously looked for, is at last
+within our reach.
+
+The enjoyment of health by our people generally has, however, been
+interrupted during the past season by the prevalence of a fatal
+pestilence (the yellow fever) in some portions of the Southern States,
+creating an emergency which called for prompt and extraordinary
+measures of relief. The disease appeared as an epidemic at New Orleans
+and at other places on the Lower Mississippi soon after midsummer.
+It was rapidly spread by fugitives from the infected cities and
+towns, and did not disappear until early in November. The States of
+Louisiana, Mississippi, and Tennessee have suffered severely. About
+100,000 cases are believed to have occurred, of which about 20,000,
+according to intelligent estimates, proved fatal. It is impossible
+to estimate with any approach to accuracy the loss to the country
+occasioned by this epidemic. It is to be reckoned by the hundred
+millions of dollars. The suffering and destitution that resulted
+excited the deepest sympathy in all parts of the Union. Physicians and
+nurses hastened from every quarter to the assistance of the afflicted
+communities. Voluntary contributions of money and supplies, in every
+needed form, were speedily and generously furnished. The Government
+was able to respond in some measure to the call for help, by providing
+tents, medicines, and food for the sick and destitute, the requisite
+directions for the purpose being given in the confident expectation
+that this action of the Executive would receive the sanction of
+Congress. About 1,800 tents, and rations of the value of about
+$25,000, were sent to cities and towns which applied for them,
+full details of which will be furnished to Congress by the proper
+Department.
+
+The fearful spread of this pestilence has awakened a very general
+public sentiment in favor of national sanitary administration, which
+shall not only control quarantine, but have the sanitary supervision
+of internal commerce in times of epidemics, and hold an advisory
+relation to the State and municipal health authorities, with power
+to deal with whatever endangers the public health, and which the
+municipal and State authorities are unable to regulate. The national
+quarantine act approved April 29, 1878, which was passed too late in
+the last session of Congress to provide the means for carrying it into
+practical operation during the past season, is a step in the direction
+here indicated. In view of the necessity for the most effective
+measures, by quarantine and otherwise, for the protection of our
+seaports and the country generally from this and other epidemics,
+it is recommended that Congress give to the whole subject early and
+careful consideration.
+
+The permanent pacification of the country by the complete protection
+of all citizens in every civil and political right continues to be of
+paramount interest with the great body of our people. Every step
+in this direction is welcomed with public approval, and every
+interruption of steady and uniform progress to the desired
+consummation awakens general uneasiness and widespread condemnation.
+The recent Congressional elections have furnished a direct and
+trustworthy test of the advance thus far made in the practical
+establishment of the right of suffrage secured by the Constitution to
+the liberated race in the Southern States. All disturbing influences,
+real or imaginary, had been removed from all of these States.
+
+The three constitutional amendments which conferred freedom and
+equality of civil and political rights upon the colored people of the
+South were adopted by the concurrent action of the great body of good
+citizens who maintained the authority of the National Government and
+the integrity and perpetuity of the Union at such a cost of treasure
+and life, as a wise and necessary embodiment in the organic law of the
+just results of the war. The people of the former slaveholding States
+accepted these results, and gave in every practicable form assurances
+that the thirteenth, fourteenth, and fifteenth amendments, and laws
+passed in pursuance thereof, should in good faith be enforced, rigidly
+and impartially, in letter and spirit, to the end that the humblest
+citizen, without distinction of race or color, should under them
+receive full and equal protection in person and property and in
+political rights and privileges. By these constitutional amendments
+the southern section of the Union obtained a large increase of
+political power in Congress and in the electoral college, and the
+country justly expected that elections would proceed, as to
+the enfranchised race, upon the same circumstances of legal and
+constitutional freedom and protection which obtained in all the other
+States of the Union. The friends of law and order looked forward to
+the conduct of these elections as offering to the general judgment of
+the country an important opportunity to measure the degree in which
+the right of suffrage could be exercised by the colored people and
+would be respected by their fellow-citizens; but a more general
+enjoyment of freedom of suffrage by the colored people and a more just
+and generous protection of that freedom by the communities of which
+they form a part were generally anticipated than the record of the
+elections discloses. In some of those States in which the colored
+people have been unable to make their opinions felt in the elections
+the result is mainly due to influences not easily measured or remedied
+by legal protection; but in the States of Louisiana and South Carolina
+at large, and in some particular Congressional districts outside
+of those States, the records of the elections seem to compel the
+conclusion that the rights of the colored voters have been overridden
+and their participation in the elections not permitted to be either
+general or free.
+
+It will be for the Congress for which these elections were held to
+make such examinations into their conduct as may be appropriate to
+determine the validity of the claims of members to their seats. In
+the meanwhile it becomes the duty of the executive and judicial
+departments of the Government, each in its province, to inquire into
+and punish violations of the laws of the United States which have
+occurred. I can but repeat what I said in this connection in my last
+message, that whatever authority rests with me to this end I shall not
+hesitate to put forth; and I am unwilling to forego a renewed appeal
+to the legislatures, the courts, the executive authorities, and the
+people of the States where these wrongs have been perpetrated to
+give their assistance toward bringing to justice the offenders and
+preventing a repetition of the crimes. No means within my power will
+be spared to obtain a full and fair investigation of the alleged
+crimes and to secure the conviction and just punishment of the guilty.
+
+It is to be observed that the principal appropriation made for the
+Department of Justice at the last session contained the following
+clause:
+
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+
+
+It is the opinion of the Attorney-General that the expenses of these
+proceedings will largely exceed the amount which was thus provided,
+and I rely confidently upon Congress to make adequate appropriations
+to enable the executive department to enforce the laws.
+
+I respectfully urge upon your attention that the Congressional
+elections, in every district, in a very important sense, are justly a
+matter of political interest and concern throughout the whole country.
+Each State, every political party, is entitled to the share of power
+which is conferred by the legal and constitutional suffrage. It is the
+right of every citizen possessing the qualifications prescribed by
+law to cast one unintimidated ballot and to have his ballot honestly
+counted. So long as the exercise of this power and the enjoyment of
+this right are common and equal, practically as well as formally,
+submission to the results of the suffrage will be accorded loyally and
+cheerfully, and all the departments of Government will feel the
+true vigor of the popular will thus expressed. No temporary or
+administrative interests of Government, however urgent or weighty,
+will ever displace the zeal of our people in defense of the primary
+rights of citizenship. They understand that the protection of liberty
+requires the maintenance in full vigor of the manly methods of free
+speech, free press, and free suffrage, and will sustain the full
+authority of Government to enforce the laws which are framed to
+preserve these inestimable rights. The material progress and welfare
+of the States depend on the protection afforded to their citizens.
+There can be no peace without such protection, no prosperity without
+peace, and the whole country is deeply interested in the growth and
+prosperity of all its parts.
+
+While the country has not yet reached complete unity of feeling
+and reciprocal confidence between the communities so lately and so
+seriously estranged, I feel an absolute assurance that the tendencies
+are in that direction, and with increasing force. The power of public
+opinion will override all political prejudices and all sectional or
+State attachments in demanding that all over our wide territory the
+name and character of citizen of the United States shall mean one and
+the same thing and carry with them unchallenged security and respect.
+
+Our relations with other countries continue peaceful. Our neutrality
+in contests between foreign powers has been maintained and respected.
+
+The Universal Exposition held at Paris during the past summer has been
+attended by large numbers of our citizens. The brief period allowed
+for the preparation and arrangement of the contributions of our
+citizens to this great exposition was well employed in energetic and
+judicious efforts to overcome this disadvantage. These efforts, led
+and directed by the commissioner-general, were remarkably successful,
+and the exhibition of the products of American industry was creditable
+and gratifying in scope and character. The reports of the United
+States commissioners, giving its results in detail, will be duly laid
+before you. Our participation in this international competition for
+the favor and the trade of the world may be expected to produce useful
+and important results--in promoting intercourse, friendship, and
+commerce with other nations.
+
+In accordance with the provisions of the act of February 28, 1878,
+three commissioners were appointed to an international conference on
+the subject of adopting a common ratio between gold and silver, for
+the purpose of establishing internationally the use of bimetallic
+money and securing fixity of relative value between those metals.
+
+Invitations were addressed to the various governments which had
+expressed a willingness to participate in its deliberations. The
+conference held its meetings in Paris in August last. The report
+of the commissioners, herewith submitted, will show its results.
+No common ratio between gold and silver could be agreed upon by the
+conference. The general conclusion was reached that it is necessary to
+maintain in the world the monetary functions of silver as well as of
+gold, leaving the selection of the use of one or the other of these
+two metals, or of both, to be made by each state.
+
+Congress having appropriated at its last session the sum of $5,500,000
+to pay the award of the joint commission at Halifax, if, after
+correspondence with the British Government on the subject of the
+conformity of the award to the requirements of the treaty and to
+the terms of the question thereby submitted to the commission, the
+President shall deem it his duty to make the payment, communications
+upon these points were addressed to the British Government through
+the legation of the United States at London. Failing to obtain the
+concurrence of the British Government in the views of this Government
+respecting the award, I have deemed it my duty to tender the sum named
+within the year fixed by the treaty, accompanied by a notice of the
+grounds of the payment and a protest against any other construction
+of the same. The correspondence upon this subject will be laid before
+you.
+
+The Spanish Government has officially announced the termination of
+the insurrection in Cuba and the restoration of peace throughout that
+island. Confident expectations are expressed of a revival of trade
+and prosperity, which it is earnestly hoped may prove well founded.
+Numerous claims of American citizens for relief for injuries
+or restoration of property have been among the incidents of the
+long-continued hostilities. Some of these claims are in process of
+adjustment by Spain, and the others are promised early and careful
+consideration.
+
+The treaty made with Italy in regard to reciprocal consular privileges
+has been duly ratified and proclaimed.
+
+No questions of grave importance have arisen with any other of the
+European powers.
+
+The Japanese Government has been desirous of a revision of such parts
+of its treaties with foreign powers as relate to commerce, and it is
+understood has addressed to each of the treaty powers a request to
+open negotiations with that view. The United States Government has
+been inclined to regard the matter favorably. Whatever restrictions
+upon trade with Japan are found injurious to that people can not but
+affect injuriously nations holding commercial intercourse with them.
+Japan, after a long period of seclusion, has within the past few years
+made rapid strides in the path of enlightenment and progress, and, not
+unreasonably, is looking forward to the time when her relations with
+the nations of Europe and America shall be assimilated to those which
+they hold with each other. A treaty looking to this end has been made,
+which will be submitted for the consideration of the Senate.
+
+After an interval of several years the Chinese Government has again
+sent envoys to the United States. They have been received, and a
+permanent legation is now established here by that Government. It is
+not doubted that this step will be of advantage to both nations in
+promoting friendly relations and removing causes of difference.
+
+The treaty with the Samoan Islands, having been duly ratified and
+accepted on the part of both Governments, is now in operation, and a
+survey and soundings of the harbor of Pago-Pago have been made by a
+naval vessel of the United States, with a view of its occupation as
+a naval station if found desirable to the service.
+
+Since the resumption of diplomatic relations with Mexico
+correspondence has been opened and still continues between the two
+Governments upon the various questions which at one time seemed to
+endanger their relations. While no formal agreement has been reached
+as to the troubles on the border, much has been done to repress and
+diminish them. The effective force of United States troops on the Rio
+Grande, by a strict and faithful compliance with instructions, has
+done much to remove the sources of dispute, and it is now understood
+that a like force of Mexican troops on the other side of the river is
+also making an energetic movement against the marauding Indian tribes.
+This Government looks with the greatest satisfaction upon every
+evidence of strength in the national authority of Mexico, and upon
+every effort put forth to prevent or to punish incursions upon our
+territory. Reluctant to assume any action or attitude in the control
+of these incursions by military movements across the border not
+imperatively demanded for the protection of the lives and property
+of our own citizens, I shall take the earliest opportunity consistent
+with the proper discharge of this plain duty to recognize the ability
+of the Mexican Government to restrain effectively violations of
+our territory. It is proposed to hold next year an international
+exhibition in Mexico, and it is believed that the display of the
+agricultural and manufacturing products of the two nations will tend
+to better understanding and increased commercial intercourse between
+their people.
+
+With Brazil and the Republics of Central and South America some
+steps have been taken toward the development of closer commercial
+intercourse. Diplomatic relations have been resumed with Colombia and
+with Bolivia. A boundary question between the Argentine Republic and
+Paraguay has been submitted by those Governments for arbitration
+to the President of the United States, and I have, after careful
+examination, given a decision upon it.
+
+A naval expedition up the Amazon and Madeira rivers has brought back
+information valuable both for scientific and commercial purposes. A
+like expedition is about visiting the coast of Africa and the Indian
+Ocean. The reports of diplomatic and consular officers in relation
+to the development of our foreign commerce have furnished many facts
+that have proved of public interest and have stimulated to practical
+exertion the enterprise of our people.
+
+The report of the Secretary of the Treasury furnishes a detailed
+statement of the operations of that Department of the Government and
+of the condition of the public finances.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1878, were $257,763,878.70; the ordinary expenditures for the same
+period were $236,964,326.80, leaving a surplus revenue for the year of
+$20,799,551.90. The receipts for the present fiscal year, ending June
+30, 1879, actual and estimated, are as follows: Actual receipts for
+the first quarter, commencing July 1, 1878, $73,389,743.43;
+estimated receipts for the remaining three quarters of the year,
+$191,110,256.57; total receipts for the current fiscal year, actual
+and estimated, $264,500,000. The expenditures for the same period will
+be, actual and estimated, as follows: For the quarter commencing July
+1, 1878, actual expenditures, $73,344,573.27; and for the remaining
+three quarters of the year the expenditures are estimated at
+$166,755,426.73, making the total expenditures $240,100,000, and
+leaving an estimated surplus revenue for the year ending June 30,
+1879, of $24,400,000. The total receipts during the next fiscal year,
+ending June 30, 1880, estimated according to existing laws, will be
+$264,500,000, and the estimated ordinary expenditures for the same
+period will be $236,320,412.68, leaving a surplus of $28,179,587.32
+for that year.
+
+In the foregoing statements of expenditures, actual and estimated,
+no amount is allowed for the sinking fund provided for by the act
+approved February 25, 1862, which requires that 1 per cent of the
+entire debt of the United States shall be purchased or paid within
+each fiscal year, to be set apart as a sinking fund. There has been,
+however, a substantial compliance with the conditions of the law. By
+its terms the public debt should have been reduced between 1862
+and the close of the last fiscal year $518,361,806.28; the
+actual reduction of the ascertained debt in that period has been
+$720,644,739.61, being in excess of the reduction required by the
+sinking fund act $202,282,933.33.
+
+The amount of the public debt, less cash in the Treasury, November 1,
+1878, was $2,024,200,083.18, a reduction since the same date last year
+of $23,150,617.39.
+
+The progress made during the last year in refunding the public debt at
+lower rates of interest is very gratifying. The amount of 4 per cent
+bonds sold during the present year prior to November 23, 1878, is
+$100,270,900, and 6 per cent bonds, commonly known as five-twenties,
+to an equal amount, have been or will be redeemed as calls mature.
+
+It has been the policy of the Department to place the 4 per cent bonds
+within easy reach of every citizen who desires to invest his savings,
+whether small or great, in these securities. The Secretary of the
+Treasury recommends that the law be so modified that small sums may
+be invested, and that through the post-offices or other agents of the
+Government the freest opportunity may be given in all parts of the
+country for such investments.
+
+The best mode suggested is that the Department be authorized to issue
+certificates of deposit, of the denomination of $10, bearing interest
+at the rate of 3.65 per cent per annum and convertible at any time
+within one year after their issue into the 4 per cent bonds authorized
+by the refunding act, and to be issued only in exchange for United
+States notes sent to the Treasury by mail or otherwise. Such a
+provision of law, supported by suitable regulations, would enable any
+person readily, without cost or risk, to convert his money into an
+interest-bearing security of the United States, and the money so
+received could be applied to the redemption of 6 per cent bonds.
+
+The coinage of gold during the last fiscal year was $52,798,980. The
+coinage of silver dollars under the act passed February 28, 1878,
+amounted on the 23d of November, 1878, to $19,814,550, of which amount
+$4,984,947 are in circulation, and the balance, $14,829,603, is still
+in the possession of the Government.
+
+With views unchanged with regard to the act under which the coinage of
+silver proceeds, it has been the purpose of the Secretary faithfully
+to execute the law and to afford a fair trial to the measure.
+
+In the present financial condition of the country I am persuaded that
+the welfare of legitimate business and industry of every description
+will be best promoted by abstaining from all attempts to make radical
+changes in the existing financial legislation. Let it be understood
+that during the coming year the business of the country will be
+undisturbed by governmental interference with the laws affecting it,
+and we may confidently expect that the resumption of specie payments,
+which will take place at the appointed time, will be successfully and
+easily maintained, and that it will be followed by a healthful and
+enduring revival of business prosperity.
+
+Let the healing influence of time, the inherent energies of our
+people, and the boundless resources of our country have a fair
+opportunity, and relief from present difficulties will surely follow.
+
+The report of the Secretary of War shows that the Army has been well
+and economically supplied; that our small force has been actively
+employed and has faithfully performed all the service required of it.
+The morale of the Army has improved and the number of desertions has
+materially decreased during the year.
+
+The Secretary recommends--
+
+1. That a pension be granted to the widow of the late Lieutenant Henry
+H. Benner, Eighteenth Infantry, who lost his life by yellow fever
+while in command of the steamer _J.M. Chambers_, sent with supplies
+for the relief of sufferers in the South from that disease.
+
+2. The establishment of the annuity scheme for the benefit of the
+heirs of deceased officers, as suggested by the Paymaster-General.
+
+3. The adoption by Congress of a plan for the publication of the
+records of the War of the Rebellion, now being prepared for that
+purpose.
+
+4. The increase of the extra per diem of soldier teachers employed in
+post schools, and liberal appropriations for the erection of buildings
+for schools and libraries at the different posts.
+
+5. The repeal or amendment of the act of June 18, 1878, forbidding the
+use of the Army "as a _posse comitatus_, or otherwise, for the
+purpose of executing the laws, except in such cases and under such
+circumstances as such employment of said force may be expressly
+authorized by the Constitution or by act of Congress."
+
+6. The passage of a joint resolution of Congress legalizing the issues
+of rations, tents, and medicines which were made for the relief of
+sufferers from yellow fever.
+
+7. That provision be made for the erection of a fireproof building for
+the preservation of certain valuable records, now constantly exposed
+to destruction by fire.
+
+These recommendations are all commended to your favorable
+consideration.
+
+The report of the Secretary of the Navy shows that the Navy
+has improved during the last fiscal year. Work has been done on
+seventy-five vessels, ten of which have been thoroughly repaired
+and made ready for sea. Two others are in rapid progress toward
+completion. The total expenditures of the year, including the
+amount appropriated for the deficiencies of the previous year, were
+$17,468,392.65. The actual expenses chargeable to the year, exclusive
+of these deficiencies, were $13,306,914.09, or $767,199.18 less than
+those of the previous year, and $4,928,677.74 less than the expenses
+including the deficiencies. The estimates for the fiscal year ending
+June 30, 1880, are $14,562,381.45, exceeding the appropriations of
+the present year only $33,949.75, which excess is occasioned by the
+demands of the Naval Academy and the Marine Corps, as explained in the
+Secretary's report. The appropriations for the present fiscal year are
+$14,528,431.70, which, in the opinion of the Secretary, will be ample
+for all the current expenses of the Department during the year. The
+amount drawn from the Treasury from July 1 to November 1, 1878, is
+$4,740,544.14, of which $70,980.75 has been refunded, leaving as the
+expenditure for that period $4,669,563.39, or $520,899.24 less than
+the corresponding period of the last fiscal year.
+
+The report of the Postmaster-General embraces a detailed statement of
+the operations of the Post-Office Department. The expenditures of
+that Department for the fiscal year ended June 30, 1878, were
+$34,165,084.49. The receipts, including sales of stamps, money-order
+business, and official stamps, were $29,277,516.95. The sum of
+$290,436.90, included in the foregoing statement of expenditures, is
+chargeable to preceding years, so that the actual expenditures for the
+fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn
+from the Treasury on appropriations, in addition to the revenues of
+the Department, was $5,307,652.82. The expenditures for the fiscal
+year ending June 30, 1880, are estimated at $36,571,900 and the
+receipts from all sources at $30,664,023.90, leaving a deficiency to
+be appropriated out of the Treasury of $5,907,876.10. The report calls
+attention to the fact that the compensation of postmasters and of
+railroads for carrying the mail is regulated by law, and that the
+failure of Congress to appropriate the amounts required for these
+purposes does not relieve the Government of responsibility, but
+necessarily increases the deficiency bills which Congress will be
+called upon to pass.
+
+In providing for the postal service the following questions are
+presented: Should Congress annually appropriate a sum for its expenses
+largely in excess of its revenues, or should such rates of postage be
+established as will make the Department self-sustaining? Should the
+postal service be reduced by excluding from the mails matter which
+does not pay its way? Should the number of post routes be diminished?
+Should other methods be adopted which will increase the revenues or
+diminish the expenses of the postal service?
+
+The International Postal Congress which met at Paris May 1, 1878, and
+continued in session until June 4 of the same year, was composed of
+delegates from nearly all the civilized countries of the world. It
+adopted a new convention (to take the place of the treaty concluded
+at Berne October 9, 1874), which goes into effect on the 1st of April,
+1879, between the countries whose delegates have signed it. It was
+ratified and approved, by and with the consent of the President,
+August 13, 1878. A synopsis of this Universal Postal Convention will
+be found in the report of the Postmaster-General, and the full text
+in the appendix thereto. In its origin the Postal Union comprised
+twenty-three countries, having a population of 350,000,000 people.
+On the 1st of April next it will comprise forty-three countries and
+colonies, with a population of more than 650,000,000 people, and will
+soon, by the accession of the few remaining countries and colonies
+which maintain organized postal services, constitute in fact as well
+as in name, as its new title indicates, a universal union, regulating,
+upon a uniform basis of cheap postage rates, the postal intercourse
+between all civilized nations.
+
+Some embarrassment has arisen out of the conflict between the customs
+laws of this country and the provisions of the Postal Convention in
+regard to the transmission of foreign books and newspapers to this
+country by mail. It is hoped that Congress will be able to devise some
+means of reconciling the difficulties which have thus been created, so
+as to do justice to all parties involved.
+
+The business of the Supreme Court and of the courts in many of the
+circuits has increased to such an extent during the past year that
+additional legislation is imperative to relieve and prevent the
+delay of justice and possible oppression to suitors which is thus
+occasioned. The encumbered condition of these dockets is presented
+anew in the report of the Attorney-General, and the remedy suggested
+is earnestly urged for Congressional action. The creation of
+additional circuit judges, as proposed, would afford a complete
+remedy, and would involve an expense, at the present rate of salaries,
+of not more than $60,000 a year.
+
+The annual reports of the Secretary of the Interior and of the
+Commissioner of Indian Affairs present an elaborate account of the
+present condition of the Indian tribes and of that branch of the
+public service which ministers to their interests. While the conduct
+of the Indians generally has been orderly and their relations with
+their neighbors friendly and peaceable, two local disturbances have
+occurred, which were deplorable in their character, but remained,
+happily, confined to a comparatively small number of Indians. The
+discontent among the Bannocks, which led first to some acts of
+violence on the part of some members of the tribe and finally to the
+outbreak, appears to have been caused by an insufficiency of food
+on the reservation, and this insufficiency to have been owing to the
+inadequacy of the appropriations made by Congress to the wants of the
+Indians at a time when the Indians were prevented from supplying the
+deficiency by hunting. After an arduous pursuit by the troops of
+the United States, and several engagements, the hostile Indians
+were reduced to subjection, and the larger part of them surrendered
+themselves as prisoners. In this connection I desire to call attention
+to the recommendation made by the Secretary of the Interior, that
+a sufficient fund be placed at the disposal of the Executive, to be
+used, with proper accountability, at discretion, in sudden emergencies
+of the Indian service.
+
+The other case of disturbance was that of a band of Northern
+Cheyennes, who suddenly left their reservation in the Indian Territory
+and marched rapidly through the States of Kansas and Nebraska in the
+direction of their old hunting grounds, committing murders and other
+crimes on their way. From documents accompanying the report of the
+Secretary of the Interior it appears that this disorderly band was as
+fully supplied with the necessaries of life as the 4,700 other Indians
+who remained quietly on the reservation, and that the disturbance
+was caused by men of a restless and mischievous disposition among the
+Indians themselves. Almost the whole of this band have surrendered to
+the military authorities; and it is a gratifying fact that when some
+of them had taken refuge in the camp of the Red Cloud Sioux, with whom
+they had been in friendly relations, the Sioux held them as prisoners
+and readily gave them up to the officers of the United States, thus
+giving new proof of the loyal spirit which, alarming rumors to the
+contrary notwithstanding, they have uniformly shown ever since the
+wishes they expressed at the council of September, 1877, had been
+complied with.
+
+Both the Secretary of the Interior and the Secretary of War unite
+in the recommendation that provision be made by Congress for the
+organization of a corps of mounted "Indian auxiliaries," to be under
+the control of the Army and to be used for the purpose of keeping the
+Indians on their reservations and preventing or repressing disturbance
+on their part. I earnestly concur in this recommendation. It is
+believed that the organization of such a body of Indian cavalry,
+receiving a moderate pay from the Government, would considerably
+weaken the restless element among the Indians by withdrawing from it
+a number of young men and giving them congenial employment under
+the Government, it being a matter of experience that Indians in our
+service almost without exception are faithful in the performance of
+the duties assigned to them. Such an organization would materially
+aid the Army in the accomplishment of a task for which its numerical
+strength is sometimes found insufficient.
+
+But while the employment of force for the prevention or repression
+of Indian troubles is of occasional necessity, and wise preparation
+should be made to that end, greater reliance must be placed on humane
+and civilizing agencies for the ultimate solution of what is called
+the Indian problem. It may be very difficult and require much
+patient effort to curb the unruly spirit of the savage Indian to the
+restraints of civilized life, but experience shows that it is not
+impossible. Many of the tribes which are now quiet and orderly and
+self-supporting were once as savage as any that at present roam
+over the plains or in the mountains of the far West, and were then
+considered inaccessible to civilizing influences. It may be impossible
+to raise them fully up to the level of the white population of the
+United States; but we should not forget that they are the aborigines
+of the country, and called the soil their own on which our people have
+grown rich, powerful, and happy. We owe it to them as a moral duty to
+help them in attaining at least that degree of civilization which they
+may be able to reach. It is not only our duty, it is also our interest
+to do so. Indians who have become agriculturists or herdsmen, and feel
+an interest in property, will thenceforth cease to be a warlike and
+disturbing element. It is also a well-authenticated fact that Indians
+are apt to be peaceable and quiet when their children are at school,
+and I am gratified to know, from the expressions of Indians themselves
+and from many concurring reports, that there is a steadily increasing
+desire, even among Indians belonging to comparatively wild tribes, to
+have their children educated. I invite attention to the reports of
+the Secretary of the Interior and the Commissioner of Indian Affairs
+touching the experiment recently inaugurated, in taking fifty Indian
+children, boys and girls, from different tribes, to the Hampton Normal
+Agricultural Institute in Virginia, where they are to receive an
+elementary English education and training in agriculture and other
+useful works, to be returned to their tribes, after the completed
+course, as interpreters, instructors, and examples. It is reported
+that the officer charged with the selection of those children might
+have had thousands of young Indians sent with him had it been possible
+to make provision for them. I agree with the Secretary of the
+Interior in saying that "the result of this interesting experiment,
+if favorable, may be destined to become an important factor in the
+advancement of civilization among the Indians."
+
+The question whether a change in the control of the Indian service
+should be made was at the last session of Congress referred to a
+committee for inquiry and report. Without desiring to anticipate
+that report, I venture to express the hope that in the decision of so
+important a question the views expressed above may not be lost sight
+of, and that the decision, whatever it may be, will arrest further
+agitation of this subject, such agitation being apt to produce
+a disturbing effect upon the service, as well as on the Indians
+themselves.
+
+In the enrollment of the bill making appropriations for sundry civil
+expenses, at the last session of Congress, that portion which provided
+for the continuation of the Hot Springs Commission was omitted. As
+the commission had completed the work of taking testimony on the many
+conflicting claims, the suspension of their labors, before determining
+the rights of claimants, threatened for a time to embarrass the
+interests, not only of the Government, but also of a large number
+of the citizens of Hot Springs, who were waiting for final action on
+their claims before beginning contemplated improvements. In order
+to prevent serious difficulties, which were apprehended, and at
+the solicitation of many leading citizens of Hot Springs and others
+interested in the welfare of the town, the Secretary of the Interior
+was authorized to request the late commissioners to take charge of
+the records of their proceedings and to perform such work as could
+properly be done by them under such circumstances to facilitate the
+future adjudication of the claims at an early day and to preserve
+the status of the claimants until their rights should be finally
+determined. The late commissioners complied with that request, and
+report that the testimony in all the cases has been written out,
+examined, briefed, and so arranged as to facilitate an early
+settlement when authorized by law. It is recommended that the
+requisite authority be given at as early a day in the session
+as possible, and that a fair compensation be allowed the late
+commissioners for the expense incurred and the labor performed
+by them since the 25th of June last.
+
+I invite the attention of Congress to the recommendations made by
+the Secretary of the Interior with regard to the preservation of the
+timber on the public lands of the United States. The protection of
+the public property is one of the first duties of the Government. The
+Department of the Interior should therefore be enabled by sufficient
+appropriations to enforce the laws in that respect. But this matter
+appears still more important as a question of public economy. The
+rapid destruction of our forests is an evil fraught with the gravest
+consequences, especially in the mountainous districts, where the rocky
+slopes, once denuded of their trees, will remain so forever. There
+the injury, once done, can not be repaired. I fully concur with
+the Secretary of the Interior in the opinion that for this reason
+legislation touching the public timber in the mountainous States and
+Territories of the West should be especially well considered, and
+that existing laws in which the destruction of the forests is not
+sufficiently guarded against should be speedily modified. A general
+law concerning this important subject appears to me to be a matter of
+urgent public necessity.
+
+From the organization of the Government the importance of encouraging
+by all possible means the increase of our agricultural productions
+has been acknowledged and urged upon the attention of Congress and the
+people as the surest and readiest means of increasing our substantial
+and enduring prosperity.
+
+The words of Washington are as applicable to-day as when, in his
+eighth annual message, he said:
+
+ It will not be doubted that, with reference either to
+ individual or national welfare, agriculture is of primary
+ importance. In proportion as nations advance in population
+ and other circumstances of maturity this truth becomes more
+ apparent, and renders the cultivation of the soil more and
+ more an object of public patronage. Institutions for promoting
+ it grow up, supported by the public purse; and to what object
+ can it be dedicated with greater propriety? Among the means
+ which have been employed to this end none have been attended
+ with greater success than the establishment of boards
+ (composed of proper characters) charged with collecting and
+ diffusing information, and enabled by premiums and small
+ pecuniary aids to encourage and assist a spirit of discovery
+ and improvement. This species of establishment contributes
+ doubly to the increase of improvement, by stimulating to
+ enterprise and experiment, and by drawing to a common center
+ the results everywhere of individual skill and observation
+ and spreading them thence over the whole nation. Experience
+ accordingly hath shewn that they are very cheap instruments of
+ immense national benefits.
+
+
+The preponderance of the agricultural over any other interest in the
+United States entitles it to all the consideration claimed for it by
+Washington. About one-half of the population of the United States is
+engaged in agriculture. The value of the agricultural products of the
+United States for the year 1878 is estimated at $3,000,000,000. The
+exports of agricultural products for the year 1877, as appears from
+the report of the Bureau of Statistics, were $524,000,000. The great
+extent of our country, with its diversity of soil and climate, enables
+us to produce within our own borders and by our own labor not only the
+necessaries, but most of the luxuries, that are consumed in civilized
+countries. Yet, notwithstanding our advantages of soil, climate, and
+intercommunication, it appears from the statistical statements in the
+report of the Commissioner of Agriculture that we import annually from
+foreign lands many millions of dollars worth of agricultural products
+which could be raised in our own country.
+
+Numerous questions arise in the practice of advanced agriculture
+which can only be answered by experiments, often costly and sometimes
+fruitless, which are beyond the means of private individuals and are
+a just and proper charge on the whole nation for the benefit of the
+nation. It is good policy, especially in times of depression
+and uncertainty in other business pursuits, with a vast area of
+uncultivated, and hence unproductive, territory, wisely opened to
+homestead settlement, to encourage by every proper and legitimate
+means the occupation and tillage of the soil. The efforts of
+the Department of Agriculture to stimulate old and introduce new
+agricultural industries, to improve the quality and increase the
+quantity of our products, to determine the value of old or establish
+the importance of new methods of culture, are worthy of your careful
+and favorable consideration, and assistance by such appropriations of
+money and enlargement of facilities as may seem to be demanded by the
+present favorable conditions for the growth and rapid development of
+this important interest.
+
+The abuse of animals in transit is widely attracting public attention.
+A national convention of societies specially interested in the subject
+has recently met at Baltimore, and the facts developed, both in regard
+to cruelties to animals and the effect of such cruelties upon the
+public health, would seem to demand the careful consideration of
+Congress and the enactment of more efficient laws for the prevention
+of these abuses.
+
+The report of the Commissioner of the Bureau of Education shows
+very gratifying progress throughout the country in all the interests
+committed to the care of this important office. The report is
+especially encouraging with respect to the extension of the advantages
+of the common-school system in sections of the country where the
+general enjoyment of the privilege of free schools is not yet
+attained.
+
+To education more than to any other agency we are to look as the
+resource for the advancement of the people in the requisite knowledge
+and appreciation of their rights and responsibilities as citizens, and
+I desire to repeat the suggestion contained in my former message in
+behalf of the enactment of appropriate measures by Congress for
+the purpose of supplementing with national aid the local systems of
+education in the several States.
+
+Adequate accommodations for the great library, which is overgrowing
+the capacity of the rooms now occupied at the Capitol, should be
+provided without further delay. This invaluable collection of books,
+manuscripts, and illustrative art has grown to such proportions, in
+connection with the copyright system of the country, as to demand the
+prompt and careful attention of Congress to save it from injury in its
+present crowded and insufficient quarters. As this library is national
+in its character, and must from the nature of the case increase even
+more rapidly in the future than in the past, it can not be doubted
+that the people will sanction any wise expenditure to preserve it and
+to enlarge its usefulness.
+
+The appeal of the Regents of the Smithsonian Institution for the means
+to organize, exhibit, and make available for the public benefit the
+articles now stored away belonging to the National Museum I heartily
+recommend to your favorable consideration.
+
+The attention of Congress is again invited to the condition of
+the river front of the city of Washington. It is a matter of vital
+importance to the health of the residents of the national capital,
+both temporary and permanent, that the lowlands in front of the city,
+now subject to tidal overflow, should be reclaimed. In their present
+condition these flats obstruct the drainage of the city and are a
+dangerous source of malarial poison. The reclamation will improve the
+navigation of the river by restricting, and consequently deepening,
+its channel, and is also of importance when considered in connection
+with the extension of the public ground and the enlargement of the
+park west and south of the Washington Monument. The report of the
+board of survey, heretofore ordered by act of Congress, on
+the improvement of the harbor of Washington and Georgetown, is
+respectfully commended to consideration.
+
+The report of the Commissioners of the District of Columbia presents
+a detailed statement of the affairs of the District.
+
+The relative expenditures by the United States and the District for
+local purposes is contrasted, showing that the expenditures by the
+people of the District greatly exceed those of the General Government.
+The exhibit is made in connection with estimates for the requisite
+repair of the defective pavements and sewers of the city, which is
+a work of immediate necessity; and in the same connection a plan is
+presented for the permanent funding of the outstanding securities of
+the District.
+
+The benevolent, reformatory, and penal institutions of the District
+are all entitled to the favorable attention of Congress. The Reform
+School needs additional buildings and teachers. Appropriations which
+will place all of these institutions in a condition to become models
+of usefulness and beneficence will be regarded by the country as
+liberality wisely bestowed.
+
+The Commissioners, with evident justice, request attention to the
+discrimination made by Congress against the District in the donation
+of land for the support of the public schools, and ask that the same
+liberality that has been shown to the inhabitants of the various
+States and Territories of the United States may be extended to the
+District of Columbia.
+
+The Commissioners also invite attention to the damage inflicted upon
+public and private interests by the present location of the depots and
+switching tracks of the several railroads entering the city, and ask
+for legislation looking to their removal. The recommendations and
+suggestions contained in the report will, I trust, receive the careful
+consideration of Congress.
+
+Sufficient time has, perhaps, not elapsed since the reorganization
+of the government of the District under the recent legislation
+of Congress for the expression of a confident opinion as to its
+successful operation, but the practical results already attained are
+so satisfactory that the friends of the new government may well
+urge upon Congress the wisdom of its continuance, without essential
+modification, until by actual experience its advantages and defects
+may be more fully ascertained.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 4, 1878_.
+
+_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 Brazil, concluded and signed at Rio de Janeiro on the 24th
+day of September last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _December 4, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a convention revising certain portions of existing
+commercial treaties and further extending commercial intercourse
+between the United States and Japan, concluded and signed at
+Washington on the 25th day of July last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _December 9, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, together
+with the copies of papers[21] therein referred to, in compliance with
+the resolution of the Senate of the 27th of May last.
+
+R.B. HAYES.
+
+[Footnote 21: Correspondence relative to claims of United States
+citizens against Nicaragua.]
+
+
+
+WASHINGTON, _December 16, 1878_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+5th instant, I transmit herewith a report from the Secretary of State,
+with its accompanying papers.[22]
+
+R.B. HAYES.
+
+[Footnote 22: Correspondence relative to the expulsion from the German
+Umpire of Julius Baumer, a naturalized citizen of the United States.]
+
+
+
+EXECUTIVE MANSION, _December 17, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th instant,
+requesting the transmission to the Senate of "any information which
+may have been received by the Departments concerning postal and
+commercial intercourse between the United States and South American
+countries, together with any recommendations desirable to be submitted
+of measures to be adopted for facilitating and improving such
+intercourse," I transmit herewith reports from the Secretary of State
+and the Postmaster-General, with accompanying papers.
+
+The external commerce of the United States has for many years been
+the subject of solicitude because of the outward drain of the precious
+metals it has caused. For fully twenty years previous to 1877 the
+shipment of gold was constant and heavy--so heavy during the entire
+period of the suspension of specie payments as to preclude the hope of
+resumption safely during its continuance. In 1876, however, vigorous
+efforts were made by enterprising citizens of the country, and have
+since been continued, to extend our general commerce with foreign
+lands, especially in manufactured articles, and these efforts have
+been attended with very marked success.
+
+The importation of manufactured goods was at the same time reduced in
+an equal degree, and the result has been an extraordinary reversal
+of the conditions so long prevailing and a complete cessation of
+the outward drain of gold. The official statement of the values
+represented in foreign commerce will show the unprecedented magnitude
+to which the movement has attained, and the protection thus secured to
+the public interests at the time when commercial security has become
+indispensable.
+
+The agencies through which this change has been effected must be
+maintained and strengthened if the future is to be made secure. A
+return to excessive imports or to a material decline in export trade
+would render possible a return to the former condition of adverse
+balances, with the inevitable outward drain of gold as a necessary
+consequence. Every element of aid to the introduction of the
+products of our soil and manufactures into new markets should be made
+available. At present such is the favor in which many of the products
+of the United States are held that they obtain a remunerative
+distribution, notwithstanding positive differences of cost resulting
+from our defective shipping and the imperfection of our arrangements
+in every respect, in comparison with those of our competitors, for
+conducting trade with foreign markets.
+
+If we have equal commercial facilities, we need not fear competition
+anywhere.
+
+The laws have now directed a resumption of financial equality with
+other nations, and have ordered a return to the basis of coin values.
+It is of the greatest importance that the commercial condition now
+fortunately attained shall be made permanent, and that our rapidly
+increasing export trade shall not be allowed to suffer for want of the
+ordinary means of communication with other countries.
+
+The accompanying reports contain a valuable and instructive summary of
+information with respect to our commercial interests in South America,
+where an inviting field for the enterprise of our people is presented.
+They are transmitted with the assurance that any measures that may be
+enacted in furtherance of these important interests will meet with my
+cordial approval.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 7, 1879._
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 4th
+of December last, I transmit herewith a report from the Secretary of
+State, with its accompanying papers.[23]
+
+R.B. HAYES.
+
+[Footnote 23: Correspondence relative to commercial relations with
+Mexico.]
+
+
+
+WASHINGTON, _January 13, 1879._
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 3d of June last,
+requesting a copy of correspondence between this Government and that
+of Her Britannic Majesty in regard to inviting other maritime powers
+to accede to the three rules of neutrality laid down in Article VI
+of the treaty of May 8, 1871, I transmit herewith a report of the
+Secretary of State, together with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 20, 1879._
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 17th of June last,
+requesting the Commissioner of Agriculture to send to the Senate
+certain reports on sheep husbandry, copies of the same, with
+accompanying papers, received from the Commissioner of Agriculture for
+this purpose, are herewith transmitted.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 20, 1879._
+
+_To the House of Representatives_:
+
+In answer to resolution of the House of Representatives of the 16th
+instant, requesting the Commissioner of Agriculture to forward to the
+House any facts or statistics in his office on the subject of forestry
+not heretofore reported, copies of the same, with accompanying
+papers, received from the Commissioner for this purpose, are herewith
+transmitted.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _January 23, 1879._
+
+_To the House of Representatives_:
+
+In answer to a resolution of the 25th of May last, requesting
+information respecting the claim of Messrs. Carlos Butterfield & Co.
+against the Government of Denmark, I transmit herewith to the House
+of Representatives a report of the Secretary of State and its
+accompanying papers.
+
+R.B. HAYES.
+
+
+WASHINGTON, _January 24, 1879_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 7th
+instant, I transmit herewith a report[24] from the Secretary of State,
+with its accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 24: Relating to the claim of John C. Landreau against the
+Government of Peru.]
+
+
+
+EXECUTIVE MANSION, _January 24, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the consideration of Congress, copies of
+a report and accompanying papers received from the Secretary of the
+Interior, upon a communication addressed to the President of the
+United States in behalf of a certain claim of the Choctaw Nation
+arising under the provisions of the Choctaw and Chickasaw treaty of
+June 22, 1855.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 31, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a letter of the Secretary of the Treasury, in
+relation to the suspension of the late collector and naval officer of
+the port of New York, with accompanying documents.
+
+In addition thereto I respectfully submit the following observations:
+
+The custom-house in New York collects more than two-thirds of all the
+customs revenues of the Government. Its administration is a matter not
+of local interest merely, but is of great importance to the people
+of the whole country. For a long period of time it has been used to
+manage and control political affairs.
+
+The officers suspended by me are and for several years have been
+engaged in the active personal management of the party politics of
+the city and State of New York. The duties of the offices held by
+them have been regarded as of subordinate importance to their partisan
+work. Their offices have been conducted as part of the political
+machinery under their control. They have made the custom-house a
+center of partisan political management. The custom-house should be
+a business office. It should be conducted on business principles.
+General James, the postmaster of New York City, writing on this
+subject, says:
+
+The post-office is a business institution, and should be run as such.
+It is my deliberate judgment that I and my subordinates can do more
+for the party of our choice by giving the people of this city a
+good and efficient postal service than by controlling primaries or
+dictating nominations.
+
+The New York custom-house should be placed on the same footing
+with the New York post-office. But under the suspended officers the
+custom-house would be one of the principal political agencies in the
+State of New York. To change this, they profess to believe, would be,
+in the language of Mr. Cornell in his response, "to surrender their
+personal and political rights."
+
+Convinced that the people of New York and of the country generally
+wish the New York custom-house to be administered solely with a view
+to the public interest, it is my purpose to do all in my power
+to introduce into this great office the reforms which the country
+desires.
+
+With my information of the facts in the case, and with a deep sense
+of the responsible obligation imposed upon me by the Constitution "to
+take care that the laws be faithfully executed," I regard it as
+my plain duty to suspend the officers in question and to make the
+nominations now before the Senate, in order that this important office
+may be honestly and efficiently administered.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 6, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the information of Congress, a report from
+the Secretary of State, with the accompanying papers therein referred
+to, in relation to the proceedings of the International Monetary
+Conference held at Paris in August, 1878.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 8, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the consideration of Congress, the report of
+the commission appointed under the provisions of the act approved
+May 3, 1878, entitled "An act authorizing the President of the United
+States to make certain negotiations with the Ute Indians in the
+State of Colorado," with copies of letters from the Secretary of the
+Interior and the Commissioner of Indian Affairs, and accompanying
+documents.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _February 15, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith report from the Secretary of State, and
+accompanying papers, in relation to proceedings of the International
+Prison Congress of Stockholm, held in August last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _February 18, 1879_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, dated the
+17th instant, in relation to the destruction of the bark _Forest
+Belle_ in Chinese waters in March last, submitted in compliance with
+the resolution of the House of Representatives of February 4, 1879.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 21, 1879_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my communication to Congress under date of the 8th
+instant, transmitting the report of the commission appointed under the
+act entitled "An act authorizing the President of the United States
+to make certain negotiations with the Ute Indians in the State of
+Colorado," I submit herewith a copy of a letter from the Secretary of
+the Interior and additional papers upon the same subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 28, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with its
+accompanying papers, submitted in pursuance of a resolution of the
+Senate of the 20th instant, in relation to railroads in Mexico.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 3, 1879._
+
+_To the Senate and House of Representatives_:
+
+I have received from the United States Centennial Commission their
+final report, presenting a full exhibit of the result of the United
+States Centennial Celebration and Exhibition of 1876, as required by
+the act of June 1, 1872.
+
+In transmitting this report for the consideration of Congress, I
+express, I believe, the general judgment of the country, as well as my
+own, in assigning to this exhibition a measure of success gratifying
+to the pride and patriotism of our people and full of promise to the
+great industrial and commercial interests of the nation. The very
+ample and generous contributions which the foreign nations made to
+the splendor and usefulness of the exhibition and the cordiality with
+which their representatives took part in our national commemoration
+deserve our profound acknowledgments. At this close of the great
+services rendered by the United States Centennial Commission and the
+Centennial board of finance, it gives me great pleasure to commend
+to your attention and that of the people of the whole country the
+laborious, faithful, and prosperous performances of their duties which
+have marked the administration of their respective trusts.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGE.
+
+
+EXECUTIVE MANSION, _March 1, 1879._
+
+_To the House of Representatives_:
+
+After a very careful consideration of House bill 2423, entitled "An
+act to restrict the immigration of Chinese to the United States,"
+I herewith return it to the House of Representatives, in which it
+originated, with my objections to its passage.
+
+The bill, as it was sent to the Senate from the House of
+Representatives, was confined in its provisions to the object named
+in its title, which is that of "An act to restrict the immigration of
+Chinese to the United States." The only means adopted to secure the
+proposed object was the limitation on the number of Chinese passengers
+which might be brought to this country by any one vessel to fifteen;
+and as this number was not fixed in any proportion to the size
+or tonnage of the vessel or by any consideration of the safety or
+accommodation of these passengers, the simple purpose and effect of
+the enactment were to repress this immigration to an extent falling
+but little short of its absolute exclusion.
+
+The bill, as amended in the Senate and now presented to me, includes
+an independent and additional provision which aims at and in terms
+requires the abrogation by this Government of Articles V and VI of the
+treaty with China commonly called the Burlingame treaty, through the
+action of the Executive enjoined by this provision of the act.
+
+The Burlingame treaty, of which the ratifications were exchanged at
+Peking November 23, 1869, recites as the occasion and motive of its
+negotiation by the two Governments that "since the conclusion of the
+treaty between the United States of America and the Ta Tsing Empire
+(China) of the 18th of June, 1858, circumstances have arisen showing
+the necessity of additional articles thereto," and proceeds to
+an agreement as to said additional articles. These negotiations,
+therefore, ending by the signature of the additional articles July
+28, 1868, had for their object the completion of our treaty rights
+and obligations toward the Government of China by the incorporation
+of these new articles as thenceforth parts of the principal treaty
+to which they are made supplemental. Upon the settled rules of
+interpretation applicable to such supplemental negotiations the text
+of the principal treaty and of these "additional articles thereto"
+constitute one treaty from the conclusion of the new negotiations, in
+all parts of equal and concurrent force and obligation between the
+two Governments, and to all intents and purposes as if embraced in one
+instrument.
+
+The principal treaty, of which the ratifications were exchanged August
+16, 1859, recites that "the United States of America and the Ta Tsing
+Empire, desiring to maintain firm, lasting, and sincere friendship,
+have resolved to renew, in a manner clear and positive, by means of a
+treaty or general convention of peace, amity, and commerce, the rules
+which shall in future be mutually observed in the intercourse of their
+respective countries," and proceeds in its thirty articles to lay out
+a careful and comprehensive system for the commercial relations of our
+people with China. The main substance of all the provisions of this
+treaty is to define and secure the rights of our people in respect
+of access to, residence and protection in, and trade with China. The
+actual provisions in our favor in these respects were framed to be,
+and have been found to be, adequate and appropriate to the interests
+of our commerce, and by the concluding article we receive the
+important guaranty that--
+
+ Should at any time the Ta Tsing Empire grant to any nation, or the
+ merchants or citizens of any nation, any right, privilege, or favor,
+ connected either with navigation, commerce, political or other
+ intercourse, which is not conferred by this treaty, such right,
+ privilege, and favor shall at once freely inure to the benefit of
+ the United States, its public officers, merchants, and citizens.
+
+
+Against this body of stipulations in our favor and this permanent
+engagement of equality in respect of all future concessions to foreign
+nations the general promise of permanent peace and good offices on
+our part seems to be the only equivalent. For this the first article
+undertakes as follows:
+
+ There shall be, as there have always been, peace and friendship
+ between the United States of America and the Ta Tsing Empire, and
+ between their people respectively. They shall not insult or oppress
+ each other for any trifling cause, so as to produce an estrangement
+ between them; and if any other nation should act unjustly or
+ oppressively, the United States will exert their good offices, on
+ being informed of the case, to bring about an amicable arrangement
+ of the question, thus showing their friendly feelings.
+
+
+At the date of the negotiation of this treaty our Pacific possessions
+had attracted a considerable Chinese emigration, and the advantages
+and the inconveniences felt or feared therefrom had become more or
+less manifest; but they dictated no stipulations on the subject to be
+incorporated in the treaty. The year 1868 was marked by the striking
+event of a spontaneous embassy from the Chinese Empire, headed by
+an American citizen, Anson Burlingame, who had relinquished his
+diplomatic representation of his own country in China to assume that
+of the Chinese Empire to the United States and the European nations.
+By this time the facts of the Chinese immigration and its nature and
+influences, present and prospective, had become more noticeable and
+were more observed by the population immediately affected and by this
+Government. The principal feature of the Burlingame treaty was its
+attention to and its treatment of the Chinese immigration and the
+Chinese as forming, or as they should form, a part of our population.
+Up to this time our uncovenanted hospitality to immigration, our
+fearless liberality of citizenship, our equal and comprehensive
+justice to all inhabitants, whether they abjured their foreign
+nationality or not, our civil freedom, and our religious toleration
+had made all comers welcome, and under these protections the Chinese
+in considerable numbers had made their lodgment upon our soil.
+
+The Burlingame treaty undertakes to deal with this situation, and its
+fifth and sixth articles embrace its most important provisions in this
+regard and the main stipulations in which the Chinese Government has
+secured an obligatory protection of its subjects within our territory.
+They read as follows:
+
+ ART. V. The United States of America and the Emperor of China
+ cordially recognize the inherent and inalienable right of man to
+ change his home and allegiance, and also the mutual advantage of
+ the free migration and emigration of their citizens and subjects
+ respectively from the one country to the other for purposes of
+ curiosity, of trade, or as permanent residents. The high contracting
+ parties therefore join in reprobating any other than an entirely
+ voluntary emigration for these purposes. They consequently agree to
+ pass laws making it a penal offense for a citizen of the United States
+ or Chinese subjects to take Chinese subjects either to the United
+ States or to any other foreign country, or for a Chinese subject or
+ citizen of the United States to take citizens of the United States
+ to China or to any other foreign country, without their free and
+ voluntary consent, respectively.
+
+ ART. VI. Citizens of the United States visiting or residing in China
+ shall enjoy the same privileges, immunities, or exemptions in respect
+ to travel or residence as may there be enjoyed by the citizens or
+ subjects of the most favored nation, and, reciprocally, Chinese
+ subjects visiting or residing in the United States shall enjoy the
+ same privileges, immunities, and exemptions in respect to travel or
+ residence as may there be enjoyed by the citizens or subjects of the
+ most favored nation. But nothing herein contained shall be held to
+ confer naturalization upon citizens of the United States in China,
+ nor upon the subjects of China in the United States.
+
+
+An examination of these two articles in the light of the experience
+then influential in suggesting their "necessity" will show that the
+fifth article was framed in hostility to what seemed the principal
+mischief to be guarded against, to wit, the introduction of Chinese
+laborers by methods which should have the character of a forced and
+servile importation, and not of a voluntary emigration of freemen
+seeking our shores upon motives and in a manner consonant with the
+system of our institutions and approved by the experience of the
+nation. Unquestionably the adhesion of the Government of China to
+these liberal principles of freedom in emigration, with which we were
+so familiar and with which we were so well satisfied, was a great
+advance toward opening that Empire to our civilization and religion,
+and gave promise in the future of greater and greater practical
+results in the diffusion throughout that great population of our arts
+and industries, our manufactures, our material improvements, and the
+sentiments of government and religion which seem to us so important to
+the welfare of mankind. The first clause of this article secures this
+acceptance by China of the American doctrines of free migration to and
+fro among the peoples and races of the earth.
+
+The second clause, however, in its reprobation of "any other than an
+entirely voluntary emigration" by both the high contracting parties,
+and in the reciprocal obligations whereby we secured the solemn and
+unqualified engagement on the part of the Government of China "to pass
+laws making it a penal offense for a citizen of the United States or
+Chinese subjects to take Chinese subjects either to the United States
+or to any other foreign country without their free and voluntary
+consent," constitutes the great force and value of this article. Its
+importance both in principle and in its practical service toward our
+protection against servile importation in the guise of immigration can
+not be overestimated. It commits the Chinese Government to active and
+efficient measures to suppress this iniquitous system, where those
+measures are most necessary and can be most effectual. It gives to
+this Government the footing of a treaty right to such measures and
+the means and opportunity of insisting upon their adoption and
+of complaint and resentment at their neglect. The fifth article,
+therefore, if it fall short of what the pressure of the later
+experience of our Pacific States may urge upon the attention of this
+Government as essential to the public welfare, seems to be in the
+right direction and to contain important advantages which once
+relinquished can not be easily recovered.
+
+The second topic which interested the two Governments under the actual
+condition of things which prompted the Burlingame treaty was adequate
+protection, under the solemn and definite guaranties of a treaty,
+of the Chinese already in this country and those who should seek
+our shores. This was the object, and forms the subject of the sixth
+article, by whose reciprocal engagement the citizens and subjects of
+the two Governments, respectively, visiting or residing in the
+country of the other are secured the same privileges, immunities,
+or exemptions there enjoyed by the citizens or subjects of the most
+favored nations. The treaty of 1858, to which these articles are made
+supplemental, provides for a great amount of privilege and protection,
+both of person and property, to American citizens in China, but it is
+upon this sixth article that the main body of the treaty rights
+and securities of the Chinese already in this country depends. Its
+abrogation, were the rest of the treaty left in force, would leave
+them to such treatment as we should voluntarily accord them by our
+laws and customs. Any treaty obligation would be wanting to restrain
+our liberty of action toward them, or to measure or sustain the right
+of the Chinese Government to complaint or redress in their behalf.
+
+The lapse of ten years since the negotiation of the Burlingame treaty
+has exhibited to the notice of the Chinese Government, as well as to
+our own people, the working of this experiment of immigration in great
+numbers of Chinese laborers to this country, and their maintenance
+here of all the traits of race, religion, manners, and customs,
+habitations, mode of life, segregation here, and the keeping up of
+the ties of their original home, which stamp them as strangers and
+sojourners, and not as incorporated elements of our national life and
+growth. This experience may naturally suggest the reconsideration of
+the subject as dealt with by the Burlingame treaty, and may properly
+become the occasion of more and circumspect recognition, in renewed
+negotiations, of the difficulties surrounding this political and
+social problem. It may well be that, to the apprehension of the
+Chinese Government no less than our own, the simple provisions of the
+Burlingame treaty may need to be replaced by more careful methods,
+securing the Chinese and ourselves against a larger and more rapid
+infusion of this foreign race than our system of industry and
+society can take up and assimilate with ease and safety. This ancient
+Government, ruling a polite and sensitive people, distinguished by
+a high sense of national pride, may properly desire an adjustment of
+their relations with us which would in all things confirm and in no
+degree endanger the permanent peace and amity and the growing commerce
+and prosperity which it has been the object and the effect of our
+existing treaties to cherish and perpetuate.
+
+I regard the very grave discontents of the people of the Pacific
+States with the present working of the Chinese immigration, and their
+still graver apprehensions therefrom in the future, as deserving
+the most serious attention of the people of the whole country and a
+solicitous interest on the part of Congress and the Executive. If this
+were not my own judgment, the passage of this bill by both Houses of
+Congress would impress upon me the seriousness of the situation, when
+a majority of the representatives of the people of the whole country
+had thought fit to justify so serious a measure of relief.
+
+The authority of Congress to terminate a treaty with a foreign power
+by expressing the will of the nation no longer to adhere to it is
+as free from controversy under our Constitution as is the further
+proposition that the power of making new treaties or modifying
+existing treaties is not lodged by the Constitution in Congress, but
+in the President, by and with the advice and consent of the Senate, as
+shown by the concurrence of two-thirds of that body. A denunciation of
+a treaty by any government is confessedly justifiable only upon some
+reason both of the highest justice and of the highest necessity. The
+action of Congress in the matter of the French treaties in 1798, if
+it be regarded as an abrogation by this nation of a subsisting treaty,
+strongly illustrates the character and degree of justification which
+was then thought suitable to such a proceeding. The preamble of the
+act recites that the--
+
+ Treaties concluded between the United States and France have been
+ repeatedly violated on the part of the French Government, and the
+ just claims of the United States for reparation of the injuries
+ so committed have been refused, and their attempts to negotiate an
+ amicable adjustment of all complaints between the two nations have
+ been repelled with indignity.
+
+
+And that--
+
+ Under authority of the French Government there is yet pursued against
+ the United States a system of predatory violence, infracting the said
+ treaties and hostile to the rights of a free and independent nation.
+
+
+The enactment, as a logical consequence of these recited facts,
+declares--
+
+ That the United States are of right freed and exonerated from the
+ stipulations of the treaties and of the consular convention heretofore
+ concluded between the United States and France, and that the same
+ shall not henceforth be regarded as legally obligatory on the
+ Government or citizens of the United States.
+
+
+The history of the Government shows no other instance of an abrogation
+of a treaty by Congress.
+
+Instances have sometimes occurred where the ordinary legislation
+of Congress has, by its conflict with some treaty obligation of the
+Government toward a foreign power, taken effect as an _infraction_
+of the treaty, and been judicially declared to be operative to that
+result; but neither such legislation nor such judicial sanction of the
+same has been regarded as an _abrogation_, even for the moment, of
+the treaty. On the contrary, the treaty in such case still subsists
+between the governments, and the casual infraction is repaired by
+appropriate satisfaction in maintenance of the treaty.
+
+The bill before me does not enjoin upon the President the abrogation
+of the entire Burlingame treaty, much less of the principal treaty of
+which it is made the supplement. As the power of modifying an existing
+treaty, whether by adding or striking out provisions, is a part of
+the treaty-making power under the Constitution, its exercise is not
+competent for Congress, nor would the assent of China to this partial
+abrogation of the treaty make the action of Congress in thus procuring
+an amendment of a treaty a competent exercise of authority under the
+Constitution. The importance, however, of this special consideration
+seems superseded by the principle that a denunciation of a part of a
+treaty not made by the terms of the treaty itself separable from
+the rest is a denunciation of the whole treaty. As the other high
+contracting party has entered into no treaty obligations except such
+as include the part denounced, the denunciation by one party of the
+part necessarily liberates the other party from the whole treaty.
+
+I am convinced that, whatever urgency might in any quarter or by any
+interest be supposed to require an instant suppression of further
+immigration from China, no reasons can require the immediate
+withdrawal of our treaty protection of the Chinese already in this
+country, and no circumstances can tolerate an exposure of our citizens
+in China, merchants or missionaries, to the consequences of so sudden
+an abrogation of their treaty protection. Fortunately, however, the
+actual recession in the flow of the emigration from China to the
+Pacific Coast, shown by trustworthy statistics, relieves us from any
+apprehension that the treatment of the subject in the proper course of
+diplomatic negotiations will introduce any new features of discontent
+or disturbance among the communities directly affected. Were such
+delay fraught with more inconveniences than have ever been suggested
+by the interests most earnest in promoting this legislation, I can not
+but regard the summary disturbance of our existing treaties with
+China as greatly more inconvenient to much wider and more permanent
+interests of the country.
+
+I have no occasion to insist upon the more general considerations of
+interest and duty which sacredly guard the faith of the nation, in
+whatever form of obligation it may have been given. These sentiments
+animate the deliberations of Congress and pervade the minds of our
+whole people. Our history gives little occasion for any reproach in
+this regard; and in asking the renewed attention of Congress to this
+bill I am persuaded that their action will maintain the public duty
+and the public honor.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the final adjournment of the Forty-fifth Congress without
+making the usual and necessary appropriations for the legislative,
+executive, and judicial expenses of the Government for the fiscal
+year ending June 30, 1880, and without making the usual and necessary
+appropriations for the support of the Army for the same fiscal year,
+presents an extraordinary occasion requiring the President to exercise
+the power vested in him by the Constitution to convene the Houses
+of Congress in anticipation of the day fixed by law for their next
+meeting:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do, by virtue of the power to this end in me vested by the
+Constitution, convene both Houses of Congress to assemble at their
+respective chambers at 12 o'clock noon on Tuesday, the 18th day of
+March instant, then and there to consider and determine such measures
+as in their wisdom their duty and the welfare of the people may seem
+to demand.
+
+[SEAL.]
+
+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 4th day of March, A.D. 1879, and
+of the Independence of the United States of America the one hundred
+and third.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _March 19, 1879_.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+The failure of the last Congress to make the requisite appropriations
+for legislative and judicial purposes, for the expenses of the several
+Executive Departments of the Government, and for the support of
+the Army has made it necessary to call a special session of the
+Forty-sixth Congress.
+
+The estimates of the appropriations needed which were sent to Congress
+by the Secretary of the Treasury at the opening of the last session
+are renewed, and are herewith transmitted to both the Senate and the
+House of Representatives.
+
+Regretting the existence of the emergency which requires a special
+session of Congress at a time when it is the general judgment of the
+country that the public welfare will be best promoted by permanency in
+our legislation and by peace and rest, I commend these few necessary
+measures to your considerate attention.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _March 20, 1879_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d instant,
+calling for the reports of Gustavus Goward on the Samoan Islands,
+I transmit herewith a report from the Secretary of State, with the
+accompanying papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _April 18, 1879_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 15th instant, I
+transmit herewith a copy of the report of the commission appointed by
+the President on the 15th of March, 1872, relating to the different
+interoceanic canal surveys and the practicability of the construction
+of a ship canal across this continent.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _May 15, 1879_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 7th instant,
+requesting information in reference to an alleged occupation of a
+portion of the Indian Territory by white settlers, etc., I transmit
+herewith a copy of my proclamation dated April 26, 1879;[25] also
+copies of the correspondence and papers on file and of record in the
+Department of the Interior and the War Department touching the subject
+of the resolution.
+
+R.B. HAYES.
+
+[Footnote 25: See pp. 547-548.]
+
+
+
+EXECUTIVE MANSION, _May 26, 1879_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 14th instant,
+I transmit herewith a communication[26] from the Secretary of the
+Interior and accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 26: Relating to lands in the Indian Territory acquired by the
+treaties of 1866.]
+
+
+
+EXECUTIVE MANSION, _June 5, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith the "proceedings and report" of the board of
+officers convened by Special Orders, No. 78, Headquarters of the
+Army, Washington, April 12, 1878, in the case of Fitz John Porter. The
+report of the board was made in March last, but the official record of
+the proceedings did not reach me until the 3d instant.
+
+I have given to this report such examination as satisfies me that
+I ought to lay the proceedings and conclusions of the board before
+Congress. As I am without power, in the absence of legislation, to act
+upon the recommendations of the report further than by submitting the
+same to Congress, the proceedings and conclusions of the board are
+transmitted for the information of Congress and such action as in your
+wisdom shall seem expedient and just.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 13, 1879_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in compliance with the resolution of the House
+of Representatives of the 29th ultimo, a report of the Secretary of
+State relative to the steps taken by this Government to promote the
+establishment of an interoceanic canal across or near the Isthmus of
+Darien.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 23, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a report from the Secretary
+of State, in response to a resolution of that body of the 20th
+instant, calling for the proceedings and accompanying papers of
+the International Silver Conference held in Paris in 1878.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 30, 1879_.
+
+_To the Senate and House of Representatives_:
+
+The bill making provision for the payment of the fees of United States
+marshals and their general deputies, which I have this day returned
+to the House of Representatives, in which it originated, with my
+objections,[27] having upon its reconsideration by that body failed
+to become a law, I respectfully call your attention to the immediate
+necessity of making some adequate provision for the due and efficient
+execution by the marshals and deputy marshals of the United States of
+the constant and important duties enjoined upon them by the existing
+laws. All appropriations to provide for the performance of these
+indispensable duties expire to-day. Under the laws prohibiting public
+officers from involving the Government in contract liabilities beyond
+actual appropriations, it is apparent that the means at the disposal
+of the executive department for executing the laws through the
+regular ministerial officers will after to-day be left inadequate. The
+suspension of these necessary functions in the orderly administration
+of the first duties of government for the shortest period is
+inconsistent with the public interests, and at any moment may prove
+inconsistent with the public safety.
+
+It is impossible for me to look without grave concern upon a state of
+things which will leave the public service thus unprovided for and
+the public interests thus unprotected, and I earnestly urge upon your
+attention the necessity of making immediate appropriations for the
+maintenance of the service of the marshals and deputy marshals for the
+fiscal year which commences to-morrow.
+
+RUTHERFORD B. HAYES.
+
+[Footnote 27: See pp. 545-547.]
+
+
+
+WASHINGTON, _July 1, 1879_.
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 28th June, 1879,
+requesting a copy of any correspondence which may have passed between
+the Department of State and the Republic of Mexico in regard to the
+proposed Austin-Topolovampo Railroad survey across the northern States
+of that country, I transmit herewith the report of the Secretary of
+State upon the subject.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _April 29, 1879_.
+
+_To the House of Representatives_:
+
+I have maturely considered the important questions presented by the
+bill entitled "An act making appropriations for the support of
+the Army for the fiscal year ending June 30, 1880, and for other
+purposes," and I now return it to the House of Representatives, in
+which it originated, with my objections to its approval.
+
+The bill provides in the usual form for the appropriations required
+for the support of the Army during the next fiscal year. If it
+contained no other provisions, it would receive my prompt approval. It
+includes, however, further legislation, which, attached, as it is, to
+appropriations which are requisite for the efficient performance
+of some of the most necessary duties of the Government, involves
+questions of the gravest character. The sixth section of the bill is
+amendatory of the statute now in force in regard to the authority of
+persons in the civil, military, and naval service of the United States
+"at the place where any general or special election is held in any
+State." This statute was adopted February 25, 1865, after a protracted
+debate in the Senate, and almost without opposition in the House
+of Representatives, by the concurrent votes of both of the leading
+political parties of the country, and became a law by the approval of
+President Lincoln. It was reenacted in 1874 in the Revised Statutes of
+the United States, sections 2002 and 5528, which are as follows:
+
+ SEC. 2002. No military or naval officer, or other person
+ engaged in the civil, military, or naval service of the United
+ States, shall order, bring, keep, or have under his authority
+ or control any troops or armed men at the place where any
+ general or special election is held in any State, unless it be
+ necessary to repel the armed enemies of the United States or
+ to keep the peace at the polls.
+
+ SEC. 5528. Every officer of the Army or Navy, or other person
+ in the civil, military, or naval service of the United States,
+ who orders, brings, keeps, or has under his authority or
+ control any troops or armed men at any place where a general
+ or special election is held in any State, unless such force
+ be necessary to repel armed enemies of the United States or
+ to keep the peace at the polls, shall be fined not more than
+ $5,000 and surfer imprisonment at hard labor not less than
+ three months nor more than five years.
+
+
+The amendment proposed to this statute in the bill before me omits
+from both of the foregoing sections the words "or to keep the peace
+at the polls," The effect of the adoption of this amendment may be
+considered--
+
+First. Upon the right of the United States Government to use military
+force to keep the peace at the elections for Members of Congress; and
+
+Second. Upon the right of the Government, by civil authority, to
+protect these elections from violence and fraud.
+
+In addition to the sections of the statute above quoted, the following
+provisions of law relating to the use of the military power at the
+elections are now in force:
+
+ SEC. 2003. No officer of the Army or Navy of the United States
+ shall prescribe or fix, or attempt to prescribe or fix, by
+ proclamation, order, or otherwise, the qualifications of
+ voters in any State, or in any manner interfere with the
+ freedom of any election in any State, or with the exercise of
+ the free right of suffrage in any State.
+
+ SEC. 5529. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order,
+ advice, or otherwise, prevents, or attempts to prevent, any
+ qualified voter of any State from freely exercising the right
+ of suffrage at any general or special election in such State
+ shall be fined not more than $5,000 and imprisoned at hard
+ labor not more than five years.
+
+ SEC. 5530. Every officer of the Army or Navy who prescribes
+ or fixes, or attempts to prescribe or fix, whether by
+ proclamation, order, or otherwise, the qualifications of
+ voters at any election in any State shall be punished as
+ provided in the preceding section.
+
+ SEC. 5531. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order, or
+ otherwise, compels, or attempts to compel, any officer holding
+ an election in any State to receive a vote from a person not
+ legally qualified to vote, or who imposes, or attempts to
+ impose, any regulations for conducting any general or special
+ election in a State different from those prescribed by law, or
+ who interferes in any manner with any officer of an election
+ in the discharge of his duty, shall be punished as provided in
+ section 5529.
+
+ SEC. 5532. Every person convicted of any of the offenses
+ specified in the five preceding sections shall, in addition to
+ the punishments therein severally prescribed, be disqualified
+ from holding any office of honor, profit, or trust under
+ the United States; but nothing in those sections shall be
+ construed to prevent any officer, soldier, sailor, or marine
+ from exercising the right of suffrage in any election district
+ to which he may belong, if otherwise qualified according to
+ the laws of the State in which he offers to vote.
+
+
+The foregoing enactments would seem to be sufficient to prevent
+military interference with the elections. But the last Congress, to
+remove all apprehension of such interference, added to this body of
+law section 15 of an act entitled "An act making appropriations for
+the support of the Army for the fiscal year ending June 30, 1879, and
+for other purposes," approved June 18, 1878, which is as follows:
+
+ SEC. 15. From and after the passage of this act it shall not
+ be lawful to employ any part of the Army of the United States,
+ as a _posse comitatus_ or otherwise, for the purpose of
+ executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be
+ expressly authorized by the Constitution or by act of
+ Congress; and no money appropriated by this act shall be used
+ to pay any of the expenses incurred in the employment of any
+ troops in violation of this section; and any person willfully
+ violating the provisions of this section shall be deemed
+ guilty of a misdemeanor, and on conviction thereof shall be
+ punished by fine not exceeding $10,000 or imprisonment not
+ exceeding two years, or by both such fine and imprisonment.
+
+
+This act passed the Senate, after full consideration, without a single
+vote recorded against it on its final passage, and, by a majority
+of more than two-thirds, it was concurred in by the House of
+Representatives.
+
+The purpose of the section quoted was stated in the Senate by one of
+its supporters as follows:
+
+ Therefore I hope, without getting into any controversy about
+ the past, but acting wisely for the future, that we shall
+ take away the idea that the Army can be used by a general or
+ special deputy marshal, or any marshal, merely for election
+ purposes, as a posse, ordering them about the polls or
+ ordering them anywhere else, when there is an election going
+ on, to prevent disorders or to suppress disturbances that
+ should be suppressed by the peace officers of the State; or,
+ if they must bring others to their aid they should summon the
+ unorganized citizens, and not summon the officers and men of
+ the Army as _posse comitatus_ to quell disorders, and thus
+ get up a feeling which will be disastrous to peace among the
+ people of the country.
+
+
+In the House of Representatives the object of the act of 1878 was
+stated by the gentleman who had it in charge in similar terms. He
+said:
+
+ But these are all minor points and insignificant questions
+ compared with the great principle which was incorporated by
+ the House in the bill in reference to the use of the Army
+ in time of peace. The Senate had already conceded what they
+ called and what we might accept as the principle, but they
+ had stricken out the penalty, and had stricken out the word
+ "_expressly_" so that the Army might be used in all cases
+ where _implied_ authority might be inferred. The House
+ committee planted themselves firmly upon the doctrine that
+ rather than yield this fundamental principle, for which for
+ three years this House had struggled, they would allow
+ the bill to fail, notwithstanding the reforms which we had
+ secured, regarding these reforms as of but little consequence
+ alongside the great principle that the Army of the United
+ States, in time of peace, should be under the control of
+ Congress and obedient to its laws. After a long and protracted
+ negotiation, the Senate committee have conceded that principle
+ in all its length and breadth, including the penalty, which
+ the Senate had stricken out. We bring you back, therefore,
+ a report, with the alteration of a single word, which the
+ lawyers assure me is proper to be made, restoring to this bill
+ the principle for which we have contended so long, and which
+ is so vital to secure the rights and liberties of the people.
+
+ * * * * *
+
+ Thus have we this day secured to the people of this country
+ the same great protection against a standing army which cost
+ a struggle of two hundred years for the Commons of England to
+ secure for the British people.
+
+
+From this brief review of the subject it sufficiently appears that
+under existing laws there can be no military interference with the
+elections. No case of such interference has, in fact, occurred since
+the passage of the act last referred to. No soldier of the United
+States has appeared under orders at any place of election in any
+State. No complaint even of the presence of United States troops has
+been made in any quarter. It may therefore be confidently stated
+that there is no necessity for the enactment of section 6 of the bill
+before me to prevent military interference with the elections. The
+laws already in force are all that is required for that end.
+
+But that part of section 6 of this bill which is significant and
+vitally important is the clause which, if adopted, will deprive the
+civil authorities of the United States of all power to keep the peace
+at the Congressional elections. The Congressional elections in every
+district, in a very important sense, are justly a matter of political
+interest and concern throughout the whole country. Each State, every
+political party, is entitled to the share of power which is conferred
+by the legal and constitutional suffrage. It is the right of every
+citizen possessing the qualifications prescribed by law to cast one
+unintimidated ballot and to have his ballot honestly counted. So long
+as the exercise of this power and the enjoyment of this right are
+common and equal, practically as well as formally, submission to the
+results of the suffrage will be accorded loyally and cheerfully, and
+all the departments of Government will feel the true vigor of the
+popular will thus expressed.
+
+Two provisions of the Constitution authorize legislation by Congress
+for the regulation of the Congressional elections.
+
+Section 4 of Article I of the Constitution declares--
+
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+
+
+The fifteenth amendment of the Constitution is as follows:
+
+ SEC. 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.
+
+
+The Supreme Court has held that this amendment invests the citizens of
+the United States with a new constitutional right which is within
+the protecting power of Congress. That right the court declares to
+be exemption from discrimination in the exercise of the elective
+franchise on account of race, color, or previous condition of
+servitude. The power of Congress to protect this right by appropriate
+legislation is expressly affirmed by the court.
+
+National legislation to provide safeguards for free and honest
+elections is necessary, as experience has shown, not only to secure
+the right to vote to the enfranchised race at the South, but also to
+prevent fraudulent voting in the large cities of the North. Congress
+has therefore exercised the power conferred by the Constitution, and
+has enacted certain laws to prevent discriminations on account of
+race, color, or previous condition of servitude, and to punish fraud,
+violence, and intimidation at Federal elections. Attention is called
+to the following sections of the Revised Statutes of the United
+States, viz:
+
+Section 2004, which guarantees to all citizens the right to vote,
+without distinction on account of race, color, or previous condition
+of servitude.
+
+Sections 2005 and 2006, which guarantee to all citizens equal
+opportunity, without discrimination, to perform all the acts required
+by law as a prerequisite or qualification for voting.
+
+Section 2022, which authorizes the United States marshal and
+his deputies to keep the peace and preserve order at the Federal
+elections.
+
+Section 2024, which expressly authorizes the United States marshal
+and his deputies to summon a _posse comitatus_ whenever they or any of
+them are forcibly resisted in the execution of their duties under the
+law or are prevented from executing such duties by violence.
+
+Section 5522, which provides for the punishment of the crime of
+interfering with the supervisors of elections and deputy marshals in
+the discharge of their duties at the elections of Representatives in
+Congress.
+
+These are some of the laws on this subject which it is the duty of
+the executive department of the Government to enforce. The intent and
+effect of the sixth section of this bill is to prohibit all the civil
+officers of the United States, under penalty of fine and imprisonment,
+from employing any adequate civil force for this purpose at the place
+where their enforcement is most necessary, namely, at the places
+where the Congressional elections are held. Among the most valuable
+enactments to which I have referred are those which protect the
+supervisors of Federal elections in the discharge of their duties at
+the polls. If the proposed legislation should become the law, there
+will be no power vested in any officer of the Government to protect
+from violence the officers of the United States engaged in the
+discharge of their duties. Their rights and duties under the law will
+remain, but the National Government will be powerless to enforce its
+own statutes. The States may employ both military and civil power to
+keep the peace and to enforce the laws at State elections. It is
+now proposed to deny to the United States even the necessary civil
+authority to protect the national elections. No sufficient reason has
+been given for this discrimination in favor of the State and against
+the national authority. If well-founded objections exist against the
+present national election laws, all good citizens should unite in
+their amendment. The laws providing the safeguards of the elections
+should be impartial, just, and efficient. They should, if possible,
+be so nonpartisan and fair in their operation that the minority--the
+party out of power--will have no just grounds to complain. The present
+laws have in practice unquestionably conduced to the prevention of
+fraud and violence at the elections. In several of the States members
+of different political parties have applied for the safeguards which
+they furnish. It is the right and duty of the National Government to
+enact and enforce laws which will secure free and fair Congressional
+elections. The laws now in force should not be repealed except in
+connection with the enactment of measures which will better accomplish
+that important end. Believing that section 6 of the bill before me
+will weaken, if it does not altogether take away, the power of the
+National Government to protect the Federal elections by the civil
+authorities, I am forced to the conclusion that it ought not to
+receive my approval.
+
+This section is, however, not presented to me as a separate and
+independent measure, but is, as has been stated, attached to the bill
+making the usual annual appropriations for the support of the Army. It
+makes a vital change in the election laws of the country, which is in
+no way connected with the use of the Army. It prohibits, under heavy
+penalties, any person engaged in the civil service of the United
+States from having any force at the place of any election, prepared to
+preserve order, to make arrests, to keep the peace, or in any manner
+to enforce the laws. This is altogether foreign to the purpose of
+an Army appropriation bill. The practice of tacking to appropriation
+bills measures not pertinent to such bills did not prevail until more
+than forty years after the adoption of the Constitution. It has become
+a common practice. All parties when in power have adopted it. Many
+abuses and great waste of public money have in this way crept into
+appropriation bills. The public opinion of the country is against it.
+The States which have recently adopted constitutions have generally
+provided a remedy for the evil by enacting that no law shall contain
+more than one subject, which shall be plainly expressed in its
+title. The constitutions of more than half of the States contain
+substantially this provision. The public welfare will be promoted in
+many ways by a return to the early practice of the Government and to
+the true principle of legislation, which requires that every measure
+shall stand or fall according to its own merits. If it were understood
+that to attach to an appropriation bill a measure irrelevant to the
+general object of the bill would imperil and probably prevent its
+final passage and approval, a valuable reform in the parliamentary
+practice of Congress would be accomplished. The best justification
+that has been offered for attaching irrelevant riders to appropriation
+bills is that it is done for convenience sake, to facilitate the
+passage of measures which are deemed expedient by all the branches
+of Government which participate in legislation. It can not be claimed
+that there is any such reason for attaching this amendment of the
+election laws to the Army appropriation bill. The history of the
+measure contradicts this assumption. A majority of the House of
+Representatives in the last Congress was in favor of section 6 of this
+bill. It was known that a majority of the Senate was opposed to
+it, and that as a separate measure it could not be adopted. It was
+attached to the Army appropriation bill to compel the Senate to
+assent to it. It was plainly announced to the Senate that the Army
+appropriation bill would not be allowed to pass unless the proposed
+amendments of the election laws were adopted with it. The Senate
+refused to assent to the bill on account of this irrelevant section.
+Congress thereupon adjourned without passing an appropriation bill for
+the Army, and the present extra session of the Forty-sixth Congress
+became necessary to furnish the means to carry on the Government.
+
+The ground upon which the action of the House of Representatives is
+defended has been distinctly stated by many of its advocates. A week
+before the close of the last session of Congress the doctrine in
+question was stated by one of its ablest defenders as follows:
+
+ It is our duty to repeal these laws. It is not worth while
+ to attempt the repeal except upon an appropriation bill.
+ The Republican Senate would not agree to nor the Republican
+ President sign a bill for such repeal. Whatever objection to
+ legislation upon appropriation bills may be made in ordinary
+ cases does not apply where free elections and the liberty of
+ the citizens are concerned. * * * We have the power to vote
+ money; let us annex conditions to it, and insist upon the
+ redress of grievances.
+
+
+By another distinguished member of the House it was said:
+
+ The right of the Representatives of the people to withhold
+ supplies is as old as English liberty. History records
+ numerous instances where the Commons, feeling that the people
+ were oppressed by laws that the Lords would not consent
+ to repeal by the ordinary methods of legislation, obtained
+ redress at last by refusing appropriations unless accompanied
+ by relief measures.
+
+
+That a question of the gravest magnitude, and new in this country, was
+raised by this course of proceeding, was fully recognized also by its
+defenders in the Senate. It was said by a distinguished Senator:
+
+ Perhaps no greater question, in the form we are brought to
+ consider it, was ever considered by the American Congress
+ in time of peace; for it involves not merely the merits or
+ demerits of the laws which the House bill proposes to repeal,
+ but involves the rights, the privileges, the powers, the
+ duties of the two branches of Congress and of the President
+ of the United States. It is a vast question; it is a question
+ whose importance can scarcely be estimated; it is a question
+ that never yet has been brought so sharply before the American
+ Congress and the American people as it may be now. It is
+ a question which sooner or later must be decided, and the
+ decision must determine what are the powers of the House of
+ Representatives under the Constitution, and what is the duty
+ of that House in the view of the framers of that Constitution,
+ according to its letter and its spirit.
+
+ Mr. President, I should approach this question, if I were in
+ the best possible condition to speak and to argue it, with
+ very grave diffidence, and certainly with the utmost anxiety;
+ for no one can think of it as long and as carefully as I have
+ thought of it without seeing that we are at the beginning,
+ perhaps, of a struggle that may last as long in this country
+ as a similar struggle lasted in what we are accustomed to call
+ the mother land. There the struggle lasted for two centuries
+ before it was ultimately decided. It is not likely to last so
+ long here, but it may last until every man in this chamber is
+ in his grave. It is the question whether or no the House of
+ Representatives has a right to say, "We will grant supplies
+ only upon condition that grievances are redressed. We are
+ the representatives of the taxpayers of the Republic. We, the
+ House of Representatives, alone have the right to originate
+ money bills. We, the House of Representatives, have alone the
+ right to originate bills which grant the money of the people.
+ The Senate represents States; we represent the taxpayers
+ of the Republic. We, therefore, by the very terms of the
+ Constitution, are charged with the duty of originating the
+ bills which grant the money of the people. We claim the right,
+ which the House of Commons in England established after two
+ centuries of contest, to say that we will not grant the money
+ of the people unless there is a redress of grievances."
+
+
+Upon the assembling of this Congress, in pursuance of a call for
+an extra session, which was made necessary by the failure of the
+Forty-fifth Congress to make the needful appropriations for the
+support of the Government, the question was presented whether the
+attempt made in the last Congress to ingraft by construction a new
+principle upon the Constitution should be persisted in or not. This
+Congress has ample opportunity and time to pass the appropriation
+bills, and also to enact any political measures which may be
+determined upon in separate bills by the usual and orderly methods
+of proceeding. But the majority of both Houses have deemed it wise to
+adhere to the principles asserted and maintained in the last Congress
+by the majority of the House of Representatives. That principle is
+that the House of Representatives has the sole right to originate
+bills for raising revenue, and therefore has the right to withhold
+appropriations upon which the existence of the Government may depend
+unless the Senate and the President shall give their assent to any
+legislation which the House may see fit to attach to appropriation
+bills. To establish this principle is to make a radical, dangerous,
+and unconstitutional change in the character of our institutions. The
+various departments of the Government and the Army and the Navy
+are established by the Constitution or by laws passed in pursuance
+thereof. Their duties are clearly defined and their support is
+carefully provided for by law. The money required for this purpose has
+been collected from the people and is now in the Treasury, ready to
+be paid out as soon as the appropriation bills are passed. Whether
+appropriations are made or not, the collection of the taxes will go
+on. The public money will accumulate in the Treasury. It was not the
+intention of the framers of the Constitution that any single branch of
+the Government should have the power to dictate conditions upon
+which this treasure should be applied to the purpose for which it was
+collected. Any such intention, if it had been entertained, would have
+been plainly expressed in the Constitution.
+
+That a majority of the Senate now concurs in the claim of the House
+adds to the gravity of the situation, but does not alter the
+question at issue. The new doctrine, if maintained, will result in
+a consolidation of unchecked and despotic power in the House of
+Representatives. A bare majority of the House will become the
+Government. The Executive will no longer be what the framers of
+the Constitution intended--an equal and independent branch of the
+Government. It is clearly the constitutional duty of the President to
+exercise his discretion and judgment upon all bills presented to him
+without constraint or duress from any other branch of the Government.
+To say that a majority of either or both of the Houses of Congress may
+insist upon the approval of a bill under the penalty of stopping all
+of the operations of the Government for want of the necessary supplies
+is to deny to the Executive that share of the legislative power which
+is plainly conferred by the second section of the seventh article
+of the Constitution. It strikes from the Constitution the qualified
+negative of the President. It is said that this should be done
+because it is the peculiar function of the House of Representatives to
+represent the will of the people. But no single branch or department
+of the Government has exclusive authority to speak for the American
+people. The most authentic and solemn expression of their will
+is contained in the Constitution of the United States. By that
+Constitution they have ordained and established a Government whose
+powers are distributed among coordinate branches, which, as far as
+possible consistently with a harmonious cooperation, are absolutely
+independent of each other. The people of this country are unwilling to
+see the supremacy of the Constitution replaced by the omnipotence of
+any one department of the Government.
+
+The enactment of this bill into a law will establish a precedent which
+will tend to destroy the equal independence of the several branches
+of the Government. Its principle places not merely the Senate and the
+Executive, but the judiciary also, under the coercive dictation of
+the House. The House alone will be the judge of what constitutes a
+grievance, and also of the means and measure of redress. An act of
+Congress to protect elections is now the grievance complained of; but
+the House may on the same principle determine that any other act of
+Congress, a treaty made by the President with the advice and consent
+of the Senate, a nomination or appointment to office, or that a
+decision or opinion of the Supreme Court is a grievance, and that the
+measure of redress is to withhold the appropriations required for the
+support of the offending branch of the Government.
+
+Believing that this bill is a dangerous violation of the spirit and
+meaning of the Constitution, I am compelled to return it to the House
+in which it originated without my approval. The qualified negative
+with which the Constitution invests the President is a trust that
+involves a duty which he can not decline to perform. With a firm and
+conscientious purpose to do what I can to preserve unimpaired the
+constitutional powers and equal independence, not merely of the
+Executive, but of every branch of the Government, which will be
+imperiled by the adoption of the principle of this bill, I desire
+earnestly to urge upon the House of Representatives a return to the
+wise and wholesome usage of the earlier days of the Republic, which
+excluded from appropriation bills all irrelevant legislation. By
+this course you will inaugurate an important reform in the method of
+Congressional legislation; your action will be in harmony with the
+fundamental principles of the Constitution and the patriotic sentiment
+of nationality which is their firm support, and you will restore to
+the country that feeling of confidence and security and the
+repose which are so essential to the prosperity of all of our
+fellow-citizens.
+
+RUTHERFORD B. HAYES.
+
+
+
+_To the House of Representatives_:
+
+After a careful consideration of the bill entitled "An act to prohibit
+military interference at elections," I return it to the House of
+Representatives, in which it originated, with the following objections
+to its approval:
+
+In the communication sent to the House of Representatives on the 29th
+of last month, returning to the House without my approval the bill
+entitled "An act making appropriations for the support of the Army
+for the fiscal year ending June 30, 1880, and for other purposes,"
+I endeavored to show, by quotations from the statutes of the United
+States now in force and by a brief statement of facts in regard to
+recent elections in the several States, that no additional legislation
+was necessary to prevent interference with the elections by the
+military or naval forces of the United States. The fact was presented
+in that communication that at the time of the passage of the act of
+June 18, 1878, in relation to the employment of the Army as a _posse
+comitatus_ or otherwise, it was maintained by its friends that it
+would establish a vital and fundamental principle which would secure,
+to the people protection against a standing army. The fact was also
+referred to that since the passage of this act Congressional, State,
+and municipal elections have been held throughout the Union, and
+that in no instance has complaint been made of the presence of United
+States soldiers at the polls.
+
+Holding, as I do, the opinion that any military interference whatever
+at the polls is contrary to the spirit of our institutions and would
+tend to destroy the freedom of elections, and sincerely desiring to
+concur with Congress in all of its measures, it is with very great
+regret that I am forced to the conclusion that the bill before me is
+not only unnecessary to prevent such interference, but is a dangerous
+departure from long-settled and important constitutional principles.
+
+The true rule as to the employment of military force at the elections
+is not doubtful. No intimidation or coercion should be allowed to
+control or influence citizens in the exercise of their right to vote,
+whether it appears in the shape of combinations of evil-disposed
+persons, or of armed bodies of the militia of a State, or of the
+military force of the United States.
+
+The elections should be free from all forcible interference, and, as
+far as practicable, from all apprehensions of such interference.
+No soldiers, either of the Union or of the State militia, should be
+present at the polls to take the place or to perform the duties of the
+ordinary civil police force. There has been and will be no violation
+of this rule under orders from me during this Administration; but
+there should be no denial of the right of the National Government to
+employ its military force on any day and at any place in case such
+employment is necessary to enforce the Constitution and laws of the
+United States.
+
+The bill before me is as follows:
+
+ _Be it enacted, etc._, That it shall not be lawful to bring to
+ or employ at any place where a general or special election
+ is being held in a State any part of the Army or Navy of the
+ United States, unless such force be necessary to repel the
+ armed enemies of the United States or to enforce section 4,
+ Article IV, of the Constitution of the United States and
+ the laws made in pursuance thereof, on application of the
+ legislature or executive of the State where such force is to
+ be used; and so much of all laws as is inconsistent herewith
+ is hereby repealed.
+
+
+It will be observed that the bill exempts from the general prohibition
+against the employment of military force at the polls two specified
+cases. These exceptions recognize and concede the soundness of the
+principle that military force may properly and constitutionally be
+used at the place of elections when such use is necessary to enforce
+the Constitution and the laws; but the excepted cases leave the
+prohibition so extensive and far-reaching that its adoption will
+seriously impair the efficiency of the executive department of the
+Government.
+
+The first act expressly authorizing the use of military power to
+execute the laws was passed almost as early as the organization of
+the Government under the Constitution, and was approved by President
+Washington May 2, 1792. It is as follows:
+
+ SEC. 2. _And be it further enacted_, That whenever the laws
+ of the United States shall be opposed or the execution thereof
+ obstructed in any State by combinations too powerful to be
+ suppressed by the ordinary course of judicial proceedings or
+ by the powers vested in the marshals by this act, the same
+ being notified to the President of the United States by an
+ associate justice or the district judge, it shall be lawful
+ for the President of the United States to call forth the
+ militia of such State to suppress such combinations and to
+ cause the laws to be duly executed. And if the militia of a
+ State where such combination may happen shall refuse or be
+ insufficient to suppress the same, it shall be lawful for the
+ President, if the Legislature of the United States be not in
+ session, to call forth and employ such numbers of the militia
+ of any other State or States most convenient thereto as may be
+ necessary; and the use of militia so to be called forth may be
+ continued, if necessary, until the expiration of thirty days
+ after the commencement of the ensuing session.
+
+
+In 1795 this provision was substantially reenacted in a law which
+repealed the act of 1792. In 1807 the following act became the law by
+the approval of President Jefferson:
+
+ That in all cases of insurrection or obstruction to the laws,
+ either of the United States or of any individual State or
+ Territory, where it is lawful for the President of the
+ United States to call forth the militia for the purpose of
+ suppressing such insurrection or of causing the laws to be
+ duly executed, it shall be lawful for him to employ for the
+ same purposes such part of the land or naval force of the
+ United States as shall be judged necessary, having first
+ observed all the prerequisites of the law in that respect.
+
+
+By this act it will be seen that the scope of the law of 1795 was
+extended so as to authorize the National Government to use not only
+the militia, but the Army and Navy of the United States, in "causing
+the laws to be duly executed."
+
+The important provision of the acts of 1792, 1795, and 1807, modified
+in its terms from time to time to adapt it to the existing emergency,
+remained in force until, by an act approved by President Lincoln July
+29, 1861, it was reenacted substantially in the same language in which
+it is now found in the Revised Statutes, viz:
+
+ SEC. 5298. Whenever, by reason of unlawful obstructions,
+ combinations, or assemblages of persons, or rebellion against
+ the authority of the Government of the United States, it shall
+ become impracticable, in the judgment of the President, to
+ enforce by the ordinary course of judicial proceedings the
+ laws of the United States within any State or Territory, it
+ shall be lawful for the President to call forth the militia of
+ any or all the States and to employ such parts of the land and
+ naval forces of the United States as he may deem necessary
+ to enforce the faithful execution of the laws of the United
+ States or to suppress such rebellion, in whatever State
+ or Territory thereof the laws of the United States may be
+ forcibly opposed or the execution thereof forcibly obstructed.
+
+
+This ancient and fundamental law has been in force from the foundation
+of the Government. It is now proposed to abrogate it on certain days
+and at certain places. In my judgment no fact has been produced which
+tends to show that it ought to be repealed or suspended for a single
+hour at any place in any of the States or Territories of the Union.
+All the teachings of experience in the course of our history are in
+favor of sustaining its efficiency unimpaired. On every occasion when
+the supremacy of the Constitution has been resisted and the perpetuity
+of our institutions imperiled the principle of this statute, enacted
+by the fathers, has enabled the Government of the Union to maintain
+its authority and to preserve the integrity of the nation.
+
+At the most critical periods of our history my predecessors in the
+executive office have relied on this great principle. It was on this
+principle that President Washington suppressed the whisky rebellion in
+Pennsylvania in 1794.
+
+In 1806, on the same principle, President Jefferson broke up the Burr
+conspiracy by issuing "orders for the employment of such force, either
+of the regulars or of the militia, and by such proceedings of the
+civil authorities, * * * as might enable them to suppress effectually
+the further progress of the enterprise." And it was under the same
+authority that President Jackson crushed nullification in South
+Carolina and that President Lincoln issued his call for troops to save
+the Union in 1861. On numerous other occasions of less significance,
+under probably every Administration, and certainly under the present,
+this power has been usefully exerted to enforce the laws, without
+objection by any party in the country, and almost without attracting
+public attention.
+
+The great elementary constitutional principle which was the foundation
+of the original statute of 1792, and which has been its essence in
+the various forms it has assumed since its first adoption, is that the
+Government of the United States possesses under the Constitution,
+in full measure, the power of self-protection by its own agencies,
+altogether independent of State authority, and, if need be, against
+the hostility of State governments. It should remain embodied in
+our statutes unimpaired, as it has been from the very origin of the
+Government. It should be regarded as hardly less valuable or less
+sacred than a provision of the Constitution itself.
+
+There are many other important statutes containing provisions that are
+liable to be suspended or annulled at the times and places of
+holding elections if the bill before me should become a law. I do not
+undertake to furnish a list of them. Many of them--perhaps the most of
+them--have been set forth in the debates on this measure. They relate
+to extradition, to crimes against the election laws, to quarantine
+regulations, to neutrality, to Indian reservations, to the civil
+rights of citizens, and to other subjects. In regard to them all it
+may be safely said that the meaning and effect of this bill is to take
+from the General Government an important part of its power to enforce
+the laws.
+
+Another grave objection to the bill is its discrimination in favor
+of the State and against the national authority. The presence or
+employment of the Army or Navy of the United States is lawful under
+the terms of this bill at the place where an election is being held in
+a State to uphold the authority of a State government then and there
+in need of such military intervention, but unlawful to uphold the
+authority of the Government of the United States then and there in
+need of such military intervention. Under this bill the presence or
+employment of the Army or Navy of the United States would be lawful
+and might be necessary to maintain the conduct of a State election
+against the domestic violence that would overthrow it, but would be
+unlawful to maintain the conduct of a national election against the
+same local violence that would overthrow it. This discrimination has
+never been attempted in any previous legislation by Congress, and is
+no more compatible with sound principles of the Constitution or the
+necessary maxims and methods of our system of government on occasions
+of elections than at other times. In the early legislation of 1792
+and of 1795, by which the militia of the States was the only military
+power resorted to for the execution of the constitutional powers
+in support of State or national authority, both functions of the
+Government were put upon the same footing. By the act of 1807 the
+employment of the Army and Navy was authorized for the performance of
+both constitutional duties in the same terms.
+
+In all later statutes on the same subject-matter the same measure of
+authority to the Government has been accorded for the performance
+of both these duties. No precedent has been found in any previous
+legislation, and no sufficient reason has been given for the
+discrimination in favor of the State and against the national
+authority which this bill contains.
+
+Under the sweeping terms of the bill the National Government is
+effectually shut out from the exercise of the right and from the
+discharge of the imperative duty to use its whole executive power
+whenever and wherever required for the enforcement of its laws at the
+places and times when and where its elections are held. The employment
+of its organized armed forces for any such purpose would be an offense
+against the law unless called for by, and therefore upon permission
+of, the authorities of the State in which the occasion arises. What is
+this but the substitution of the discretion of the State governments
+for the discretion of the Government of the United States as to the
+performance of its own duties? In my judgment this is an abandonment
+of its obligations by the National Government--a subordination of
+national authority and an intrusion of State supervision over national
+duties which amounts, in spirit and tendency, to State supremacy.
+
+Though I believe that the existing statutes are abundantly adequate
+to completely prevent military interference with the elections in the
+sense in which the phrase is used in the title of this bill and is
+employed by the people of this country, I shall find no difficulty in
+concurring in any additional legislation limited to that object which
+does not interfere with the indispensable exercise of the powers of
+the Government under the Constitution and laws.
+
+R.B. HAYES.
+
+MAY 12, 1879.
+
+
+
+EXECUTIVE MANSION, _May 29, 1879_.
+
+_To the House of Representatives_:
+
+After mature consideration of the bill entitled "An act making
+appropriations for the legislative, executive, and judicial expenses
+of the Government for the fiscal year ending June 30, 1880, and for
+other purposes," I herewith return it to the House of Representatives,
+in which it originated, with the following objections to its approval:
+
+The main purpose of the bill is to appropriate the money required to
+support during the next fiscal year the several civil departments
+of the Government. The amount appropriated exceeds in the aggregate
+$18,000,000.
+
+This money is needed to keep in operation the essential functions of
+all the great departments of the Government--legislative, executive,
+and judicial. If the bill contained no other provisions, no objection
+to its approval would be made. It embraces, however, a number of
+clauses, relating to subjects of great general interest, which are
+wholly unconnected with the appropriations which it provides for.
+The objections to the practice of tacking general legislation to
+appropriation bills, especially when the object is to deprive a
+coordinate branch of the Government of its right to the free exercise
+of its own discretion and judgment touching such general legislation,
+were set forth in the special message in relation to House bill No. 1,
+which was returned to the House of Representatives on the 29th of last
+month. I regret that the objections which were then expressed to this
+method of legislation have not seemed to Congress of sufficient weight
+to dissuade from this renewed incorporation of general enactments in
+an appropriation bill, and that my constitutional duty in respect of
+the general legislation thus placed before me can not be
+discharged without seeming to delay, however briefly, the necessary
+appropriations by Congress for the support of the Government. Without
+repeating these objections, I respectfully refer to that message for
+a statement of my views on the principle maintained in debate by the
+advocates of this bill, viz, that "to withhold appropriations is a
+constitutional means for the redress" of what the majority of the
+House of Representatives may regard as "a grievance."
+
+The bill contains the following clauses, viz:
+
+ _And provided further_, That the following sections of the
+ Revised Statutes of the United States, namely, sections 2016,
+ 2018, and 2020, and all of the succeeding sections of said
+ statutes down to and including section 2027, and also section
+ 5522, be, and the same are hereby, repealed; * * * and that
+ all the other sections of the Revised Statutes, and all
+ laws and parts of laws authorizing the appointment of
+ chief supervisors of elections, special deputy marshals of
+ elections, or general deputy marshals having any duties to
+ perform in respect to any election, and prescribing their
+ duties and powers and allowing them compensation, be, and the
+ same are hereby, repealed.
+
+
+It also contains clauses amending sections 2017, 2019, 2028, and 2031
+of the Revised Statutes.
+
+The sections of the Revised Statutes which the bill, if approved,
+would repeal or amend are part of an act approved May 30, 1870, and
+amended February 28, 1871, entitled "An act to enforce the rights of
+citizens of the United States to vote in the several States of
+this Union, and for other purposes." All of the provisions of the
+above-named acts which it is proposed in this bill to repeal or modify
+relate to the Congressional elections. The remaining portion of the
+law, which will continue in force after the enactment of this measure,
+is that which provides for the appointment, by a judge of the circuit
+court of the United States, of two supervisors of election in each
+election district at any Congressional election, on due application
+of citizens who desire, in the language of the law, "to have such
+election _guarded_ and _scrutinized_." The duties of the supervisors
+will be to attend at the polls at all Congressional elections, and
+to remain after the polls are open until every vote cast has been
+counted; but they will "have no authority to make arrests or to
+perform other duties than to be in the immediate presence of the
+officers holding the election and to witness all their proceedings,
+including the counting of the votes and the making of a return
+thereof." The part of the election law which will be repealed by the
+approval of this bill includes those sections which give authority
+to the supervisors of elections "to personally scrutinize, count, and
+canvass each ballot," and all the sections which confer authority upon
+the United States marshals and deputy marshals in connection with the
+Congressional elections. The enactment of this bill will also repeal
+section 5522 of the criminal statutes of the United States, which was
+enacted for the protection of United States officers engaged in the
+discharge of their duties at the Congressional elections. This section
+protects supervisors and marshals in the performance of their duties
+by making the obstruction or the assaulting of these officers, or
+any interference with them, by bribery or solicitation or otherwise,
+crimes against the United States.
+
+The true meaning and effect of the proposed legislation are plain. The
+supervisors, with the authority to observe and witness the proceedings
+at the Congressional elections, will be left, but there will be no
+power to protect them, or to prevent interference with their duties,
+or to punish any violation of the law from which their powers are
+derived. If this bill is approved, only the shadow of the authority of
+the United States at the national elections will remain; the substance
+will be gone. The supervision of the elections will be reduced to a
+mere inspection, without authority on the part of the supervisors to
+do any act whatever to make the election a fair one. All that will be
+left to the supervisors is the permission to have such oversight of
+the elections as political parties are in the habit of exercising
+without any authority of law, in order to prevent their opponents from
+obtaining unfair advantages. The object of the bill is to destroy
+any control whatever by the United States over the Congressional
+elections.
+
+The passage of this bill has been urged upon the ground that the
+election of members of Congress is a matter which concerns the States
+alone; that these elections should be controlled exclusively by
+the States; that there are and can be no such elections as national
+elections, and that the existing law of the United States regulating
+the Congressional elections is without warrant in the Constitution.
+
+It is evident, however, that the framers of the Constitution regarded
+the election of members of Congress in every State and in every
+district as in a very important sense justly a matter of political
+interest and concern to the whole country. The original provision of
+the Constitution on this subject is as follows (sec. 4, Art. I):
+
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+
+
+A further provision has been since added, which is embraced in the
+fifteenth amendment. It is as follows:
+
+ SEC. 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.
+
+
+Under the general provision of the Constitution (sec. 4, Art. I)
+Congress in 1866 passed a comprehensive law which prescribed full and
+detailed regulations for the election of Senators by the legislatures
+of the several States. This law has been in force almost thirteen
+years. In pursuance of it all the members of the present Senate of the
+United States hold their seats. Its constitutionality is not called
+in question. It is confidently believed that no sound argument can
+be made in support of the constitutionality of national regulation of
+Senatorial elections which will not show that the elections of members
+of the House of Representatives may also be constitutionally regulated
+by the national authority.
+
+The bill before me itself recognizes the principle that the
+Congressional elections are not State elections, but national
+elections. It leaves in full force the existing statute under which
+supervisors are still to be appointed by national authority to
+"observe and witness" the Congressional elections whenever due
+application is made by citizens who desire said elections to be
+"guarded and scrutinized." If the power to supervise in any respect
+whatever the Congressional elections exists under section 4, Article
+I, of the Constitution, it is a power which, like every other power
+belonging to the Government of the United States, is paramount and
+supreme, and includes the right to employ the necessary means to carry
+it into effect.
+
+The statutes of the United States which regulate the election of
+members of the House of Representatives, an essential part of which
+it is proposed to repeal by this bill, have been in force about eight
+years. Four Congressional elections have been held under them, two of
+which were at the Presidential elections of 1872 and 1876. Numerous
+prosecutions, trials, and convictions have been had in the courts of
+the United States in all parts of the Union for violations of these
+laws. In no reported case has their constitutionality been called in
+question by any judge of the courts of the United States. The validity
+of these laws is sustained by the uniform course of judicial action
+and opinion.
+
+If it is urged that the United States election laws are not necessary,
+an ample reply is furnished by the history of their origin and of
+their results. They were especially prompted by the investigation and
+exposure of the frauds committed in the city and State of New York
+at the elections of 1868. Committees representing both of the leading
+political parties of the country have submitted reports to the House
+of Representatives on the extent of those frauds. A committee of the
+Fortieth Congress, after a full investigation, reached the conclusion
+that the number of fraudulent votes cast in the city of New York alone
+in 1868 was not less than 25,000. A committee of the Forty-fourth
+Congress in their report, submitted in 1877, adopted the opinion that
+for every 100 actual voters of the city of New York in 1868 108 votes
+were cast, when in fact the number of lawful votes cast could not
+have exceeded 88 per cent of the actual voters of the city. By this
+statement the number of fraudulent votes at that election in the city
+of New York alone was between thirty and forty thousand. These frauds
+completely reversed the result of the election in the State of New
+York, both as to the choice of governor and State officers and as to
+the choice of electors of President and Vice-President of the United
+States. They attracted the attention of the whole country. It was
+plain that if they could be continued and repeated with impunity free
+government was impossible. A distinguished Senator, in opposing the
+passage of the election laws, declared that he had "for a long time
+believed that our form of government was a comparative failure in the
+larger cities." To meet these evils and to prevent these crimes the
+United States laws regulating Congressional elections were enacted.
+
+The framers of these laws have not been disappointed in their results.
+In the large cities, under their provisions, the elections have been
+comparatively peaceable, orderly, and honest. Even the opponents of
+these laws have borne testimony to their value and efficiency and to
+the necessity for their enactment. The committee of the Forty-fourth
+Congress, composed of members a majority of whom were opposed to these
+laws, in their report on the New York election of 1876, said:
+
+ The committee would commend to other portions of the country
+ and to other cities this remarkable system, developed through
+ the agency of both local and Federal authorities acting in
+ harmony for an honest purpose. In no portion of the world and
+ in no era of time where there has been an expression of the
+ popular will through the forms of law has there been a more
+ complete and thorough illustration of republican institutions.
+ Whatever may have been the previous habit or conduct of
+ elections in those cities, or howsoever they may conduct
+ themselves in the future, this election of 1876 will stand as
+ a monument of what good faith, honest endeavor, legal forms,
+ and just authority may do for the protection of the electoral
+ franchise.
+
+
+This bill recognizes the authority and duty of the United States
+to appoint supervisors to guard and scrutinize the Congressional
+elections, but it denies to the Government of the United States all
+power to make its supervision effectual. The great body of the people
+of all parties want free and fair elections. They do not think that
+a free election means freedom from the wholesome restraints of law or
+that the place of election should be a sanctuary for lawlessness
+and crime. On the day of an election peace and good order are more
+necessary than on any other day of the year. On that day the humblest
+and feeblest citizens, the aged and the infirm, should be, and should
+have reason to feel that they are, safe in the exercise of their
+most responsible duty and their most sacred right as members of
+society--their duty and their right to vote. The constitutional
+authority to regulate the Congressional elections which belongs to the
+Government of the United States, and which it is necessary to exert
+to secure the right to vote to every citizen possessing the requisite
+qualifications, ought to be enforced by appropriate legislation.
+So far from public opinion in any part of the country favoring any
+relaxation of the authority of the Government in the protection of
+elections from violence and corruption, I believe it demands greater
+vigor both in the enactment and in the execution of the laws framed
+for that purpose. Any oppression, any partisan partiality, which
+experience may have shown in the working of existing laws may well
+engage the careful attention both of Congress and of the Executive,
+in their respective spheres of duty, for the correction of these
+mischiefs. As no Congressional elections occur until after the regular
+session of Congress will have been held, there seems to be no public
+exigency that would preclude a seasonable consideration at that
+session of any administrative details that might improve the present
+methods designed for the protection of all citizens in the complete
+and equal exercise of the right and power of the suffrage at such
+elections. But with my views, both of the constitutionality and of the
+value of the existing laws, I can not approve any measure for their
+repeal except in connection with the enactment of other legislation
+which may reasonably be expected to afford wiser and more efficient
+safeguards for free and honest Congressional elections.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 23, 1879_.
+
+_To the House of Representatives_:
+
+After careful examination of the bill entitled "An act making
+appropriations for certain judicial expenses," I return it herewith
+to the House of Representatives, in which it originated, with the
+following objections to its approval:
+
+The general purpose of the bill is to provide for certain judicial
+expenses of the Government for the fiscal year ending June 30, 1880,
+for which the sum of $2,690,000 is appropriated. These appropriations
+are required to keep in operation the general functions of the
+judicial department of the Government, and if this part of the bill
+stood alone there would be no objection to its approval. It contains,
+however, other provisions, to which I desire respectfully to ask your
+attention.
+
+At the present session of Congress a majority of both Houses, favoring
+a repeal of the Congressional election laws embraced in title 26 of
+the Revised Statutes, passed a measure for that purpose, as part of
+a bill entitled "An act making appropriations for the legislative,
+executive, and judicial expenses of the Government for the fiscal year
+ending June 30, 1880, and for other purposes." Unable to concur with
+Congress in that measure, on the 29th of May last I returned the bill
+to the House of Representatives, in which it originated, without my
+approval, for that further consideration for which the Constitution
+provides. On reconsideration the bill was approved by less than
+two-thirds of the House, and failed to become a law. The election laws
+therefore remain valid enactments, and the supreme law of the land,
+binding not only upon all private citizens, but also alike and equally
+binding upon all who are charged with the duties and responsibilities
+of the legislative, the executive, and the judicial departments of the
+Government.
+
+It is not sought by the bill before me to repeal the election laws.
+Its object is to defeat their enforcement. The last clause of the
+first section is as follows:
+
+ And no part of the money hereby appropriated is appropriated
+ to pay any salaries, compensation, fees, or expenses under
+ or in virtue of title 26 of the Revised Statutes, or of any
+ provision of said title.
+
+
+Title 26 of the Revised Statutes, referred to in the foregoing clause,
+relates to the elective franchise, and contains the laws now in force
+regulating the Congressional elections.
+
+The second section of the bill reaches much further. It is as follows:
+
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 of the Revised Statutes of the United
+ States authorizing the appointment or payment of general
+ or special deputy marshals for service in connection with
+ elections or on election day until an appropriation sufficient
+ to meet such contract or pay such liability shall have first
+ been made by law.
+
+
+This section of the bill is intended to make an extensive and
+essential change in the existing laws. The following are the
+provisions of the statutes on the same subject which are now in force:
+
+ SEC. 3679. 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.
+
+ SEC. 3732. 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.
+
+
+The object of these sections of the Revised Statutes is plain. It is,
+first, to prevent any money from being expended unless appropriations
+have been made therefor, and, second, to prevent the Government from
+being bound by any contract not previously authorized by law, except
+for certain necessary purposes in the War and Navy Departments.
+
+Under the existing laws the failure of Congress to make the
+appropriations required for the execution of the provisions of the
+election laws would not prevent their enforcement. The right and duty
+to appoint the general and special deputy marshals which they provide
+for would still remain, and the executive department of the Government
+would also be empowered to incur the requisite liability for
+their compensation. But the second section of this bill contains a
+prohibition not found in any previous legislation. Its design is to
+render the election laws inoperative and a dead letter during the
+next fiscal year. It is sought to accomplish this by omitting to
+appropriate money for their enforcement and by expressly prohibiting
+any Department or officer of the Government from incurring any
+liability under any of the provisions of title 26 of the Revised
+Statutes authorizing the appointment or payment of general or special
+deputy marshals for service on election days until an appropriation
+sufficient to pay such liability shall have first been made.
+
+The President is called upon to give his affirmative approval to
+positive enactments which in effect deprive him of the ordinary and
+necessary means of executing laws still left in the statute book
+and embraced within his constitutional duty to see that the laws are
+executed. If he approves the bill, and thus gives to such positive
+enactments the authority of law, he participates in the curtailment
+of his means of seeing that the law is faithfully executed, while
+the obligation of the law and of his constitutional duty remains
+unimpaired.
+
+The appointment of special deputy marshals is not made by the statute
+a spontaneous act of authority on the part of any executive or
+judicial officer of the Government, but is accorded as a popular right
+of the citizens to call into operation this agency for securing the
+purity and freedom of elections in any city or town having 20,000
+inhabitants or upward. Section 2021 of the Revised Statutes puts it in
+the power of any two citizens of such city or town to require of
+the marshal of the district the appointment of these special deputy
+marshals. Thereupon the duty of the marshal becomes imperative, and
+its nonperformance would expose him to judicial mandate or punishment
+or to removal from office by the President, as the circumstances of
+his conduct might require. The bill now before me neither revokes this
+popular right of the citizens, nor relieves the marshal of the duty
+imposed by law, nor the President of his duty to see that this law is
+faithfully executed.
+
+I forbear to enter again upon any general discussion of the wisdom
+and necessity of the election laws or of the dangerous and
+unconstitutional principle of this bill--that the power vested in
+Congress to originate appropriations involves the right to compel the
+Executive to approve any legislation which Congress may see fit to
+attach to such bills, under the penalty of refusing the means needed
+to carry on essential functions of the Government. My views on these
+subjects have been sufficiently presented in the special messages sent
+by me to the House of Representatives during their present session.
+What was said in those messages I regard as conclusive as to my
+duty in respect to the bill before me. The arguments urged in those
+communications against the repeal of the election laws and against
+the right of Congress to deprive the Executive of that separate and
+independent discretion and judgment which the Constitution confers and
+requires are equally cogent in opposition to this bill. This
+measure leaves the powers and duties of the supervisors of elections
+untouched. The compensation of those officers is provided for under
+permanent laws, and no liability for which an appropriation is now
+required would therefore be incurred by their appointment. But the
+power of the National Government to protect them in the discharge of
+their duty at the polls would be taken away. The States may employ
+both civil and military power at the elections, but by this bill even
+the civil authority to protect Congressional elections is denied to
+the United States. The object is to prevent any adequate control
+by the United States over the national elections by forbidding
+the payment of deputy marshals, the officers who are clothed with
+authority to enforce the election laws.
+
+The fact that these laws are deemed objectionable by a majority of
+both Houses of Congress is urged as a sufficient warrant for this
+legislation.
+
+There are two lawful ways to overturn legislative enactments. One
+is their repeal; the other is the decision of a competent tribunal
+against their validity. The effect of this bill is to deprive the
+executive department of the Government of the means to execute laws
+which are not repealed, which have not been declared invalid, and
+which it is therefore the duty of the executive and of every other
+department of Government to obey and to enforce.
+
+I have in my former message on this subject expressed a willingness
+to concur in suitable amendments for the improvement of the election
+laws; but I can not consent to their absolute and entire repeal, and I
+can not approve legislation which seeks to prevent their enforcement.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 27, 1879_.
+
+_To the Senate of the United States_:
+
+I return without approval Senate bill No. 595,[28] with the following
+objection to its becoming a law:
+
+Doubts have arisen upon consideration of the bill as to whether Major
+Collins will be required under it to refund to the United States the
+pay and allowances received by him at the time he was mustered out of
+the service. Believing that it was not the intention of Congress to
+require such repayment, the bill is returned without my signature to
+the House in which it originated.
+
+R.B. HAYES.
+
+[Footnote 28: "An act to amend 'An act for the relief of Joseph B.
+Collins, approved March 3, 1879.'"]
+
+
+
+EXECUTIVE MANSION, _June 30, 1879_.
+
+_To the House of Representatives_:
+
+I return to the House of Representatives, in which it originated,
+the bill entitled "An act making appropriations to pay fees of United
+States marshals and their general deputies," with the following
+objections to its becoming a law:
+
+The bill appropriates the sum of $600,000 for the payment during the
+fiscal year ending June 30, 1880, of United States marshals and their
+general deputies. The offices thus provided for are essential to the
+faithful execution of the laws. They were created and their powers and
+duties defined by Congress at its first session after the adoption of
+the Constitution in the judiciary act which was approved September
+24, 1789. Their general duties, as defined in the act which originally
+established them, were substantially the same as those prescribed in
+the statutes now in force.
+
+The principal provision on the subject in the Revised Statutes is as
+follows:
+
+ SEC. 787. It shall be the duty of the marshal of each district
+ to attend the district and circuit courts when sitting
+ therein, and to execute throughout the district all lawful
+ precepts directed to him and issued under the authority of
+ the United States; and he shall have power to command all
+ necessary assistance in the execution of his duty.
+
+
+The original act was amended February 28, 1795, and the amendment is
+now found in the Revised Statutes in the following form:
+
+ SEC. 788. The marshals and their deputies shall have in each
+ State the same powers in executing the laws of the United
+ States as the sheriffs and their deputies in such State may
+ have by law in executing the laws thereof.
+
+
+By subsequent statutes additional duties have been from time to time
+imposed upon the marshals and their deputies, the due and regular
+performance of which are required for the efficiency of almost every
+branch of the public service. Without these officers there would be
+no means of executing the warrants, decrees, or other process of
+the courts, and the judicial system of the country would be fatally
+defective. The criminal jurisdiction of the courts of the United
+States is very extensive. The crimes committed within the maritime
+jurisdiction of the United States are all cognizable only in the
+courts of the United States. Crimes against public justice; crimes
+against the operations of the Government, such as forging or
+counterfeiting the money or securities of the United States; crimes
+against the postal laws; offenses against the elective franchise,
+against the civil rights of citizens, against the existence of the
+Government; crimes against the internal-revenue laws, the customs
+laws, the neutrality laws; crimes against laws for the protection of
+Indians and of the public lands--all of these crimes and many others
+can be punished only under United States laws, laws which, taken
+together, constitute a body of jurisprudence which is vital to the
+welfare of the whole country, and which can be enforced only by means
+of the marshals and deputy marshals of the United States. In the
+District of Columbia all of the process of the courts is executed by
+the officers in question. In short, the execution of the criminal laws
+of the United States, the service of all civil process in cases in
+which the United States is a party, and the execution of the revenue
+laws, the neutrality laws, and many other laws of large importance
+depend on the maintenance of the marshals and their deputies. They are
+in effect the only police of the United States Government. Officers
+with corresponding powers and duties are found in every State of the
+Union and in every country which has a jurisprudence which is worthy
+of the name. To deprive the National Government of these officers
+would be as disastrous to society as to abolish the sheriffs,
+constables, and police officers in the several States. It would be a
+denial to the United States of the right to execute its laws--a
+denial of all authority which requires the use of civil force. The law
+entitles these officers to be paid. The funds needed for the purpose
+have been collected from the people and are now in the Treasury. No
+objection is, therefore, made to that part of the bill before me which
+appropriates money for the support of the marshals and deputy marshals
+of the United States.
+
+The bill contains, however, other provisions which are identical in
+tenor and effect with the second section of the bill entitled "An act
+making appropriations for certain judicial expenses," which on the 23d
+of the present month was returned to the House of Representatives
+with my objections to its approval. The provisions referred to are as
+follows:
+
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 mentioned in section 1 of this act
+ until an appropriation sufficient to meet such contract or pay
+ such liability shall have first been made by law.
+
+
+Upon a reconsideration in the House of Representatives of the bill
+which contained these provisions it lacked a constitutional majority,
+and therefore failed to become a law. In order to secure its
+enactment, the same measure is again presented for my approval,
+coupled in the bill before me with appropriations for the support of
+marshals and their deputies during the next fiscal year. The object,
+manifestly, is to place before the Executive this alternative: Either
+to allow necessary functions of the public service to be crippled
+or suspended for want of the appropriations required to keep them in
+operation, or to approve legislation which in official communications
+to Congress he has declared would be a violation of his constitutional
+duty. Thus in this bill the principle is clearly embodied that by
+virtue of the provision of the Constitution which requires that
+"all bills for raising revenue shall originate in the House of
+Representatives" a bare majority of the House of Representatives has
+the right to withhold appropriations for the support of the Government
+unless the Executive consents to approve any legislation which may
+be attached to appropriation bills. I respectfully refer to the
+communications on this subject which I have sent to Congress during
+its present session for a statement of the grounds of my conclusions,
+and desire here merely to repeat that in my judgment to establish
+the principle of this bill is to make a radical, dangerous, and
+unconstitutional change in the character of our institutions.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have within the territory and jurisdiction of the United States begun
+and set on foot preparations for an organized and forcible possession
+of and settlement upon the lands of what is known as the Indian
+Territory, west of the State of Arkansas, which Territory is
+designated, recognized, and described by the treaties and laws of the
+United States and by the executive authorities as Indian country, and
+as such is only subject to occupation by Indian tribes, officers of
+the Indian Department, military posts, and such persons as may be
+privileged to reside and trade therein under the intercourse laws of
+the United States; and
+
+Whereas those laws provide for the removal of all persons residing and
+trading therein without express permission of the Indian Department
+and agents, and also of all persons whom such agents may deem to be
+improper persons to reside in the Indian country:
+
+Now, therefore, for the purpose of properly protecting the interests
+of the Indian nations and tribes, as well as of the United States, in
+said Indian Territory, and of duly enforcing the laws governing the
+same, I, Rutherford B. Hayes, President of the United States, do
+admonish and warn all such persons so intending or preparing to remove
+upon said lands or into said Territory without permission of the
+proper agent of the Indian Department against any attempt to so remove
+or settle upon any of the lands of said Territory; and I do further
+warn and notify any and all such persons who may so offend that they
+will be speedily and immediately removed therefrom by the agent,
+according to the laws made and provided; and if necessary the aid and
+assistance of the military forces of the United States will be invoked
+to carry into proper execution the laws of the United States herein
+referred to.
+
+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 26th day of April, A.D. 1879, and
+of the Independence of the United States the one hundred and third.
+
+RUTHERFORD B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+At no recurrence of the season which the devout habit of a religious
+people has made the occasion for giving thanks to Almighty God and
+humbly invoking His continued favor has the material prosperity
+enjoyed by our whole country been more conspicuous, more manifold, or
+more universal.
+
+During the past year, also, unbroken peace with all foreign nations,
+the general prevalence of domestic tranquillity, the supremacy and
+security of the great institutions of civil and religious freedom,
+have gladdened the hearts of our people and confirmed their attachment
+to their Government, which the wisdom and courage of our ancestors so
+fitly framed and the wisdom and courage of their descendants have
+so firmly maintained to be the habitation of liberty and justice to
+successive generations.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 27th day of November instant, as a
+day of national thanksgiving and prayer; and I earnestly recommend
+that, withdrawing themselves from secular cares and labors, the people
+of the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 3d day of November, A.D. 1879,
+and of the Independence of the United States the one hundred and
+fourth.
+
+RUTHERFORD B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+[From the New-York Tribune, February 14, 1879.]
+
+EXECUTIVE MANSION, _Washington, February 4, 1879._
+
+General E.A. MERRITT.
+
+MY DEAR GENERAL: I congratulate you on your confirmation. It is a
+great gratification to me, very honorable to you, and will prove,
+I believe, of signal service to the country. My desire is that the
+office be conducted on strictly business principles, and according to
+the rules for the civil service which were recommended by the Civil
+Service Commission in the Administration of General Grant. I want
+you to be perfectly independent of mere influence from any quarter.
+Neither my recommendation, nor that of Secretary Sherman, nor of
+any member of Congress or other influential person must be specially
+regarded. Let appointments and removals be made on business principles
+and according to rules. There must be, I assume, a few places filled
+by those you personally know to be trustworthy, but restrict the area
+of patronage to the narrowest limits. Let no man be put out merely
+because he is a friend to Mr. Arthur, and no man put in merely because
+he is our friend. The good of the service should be the sole end in
+view. The best means yet presented, it seems to me, are the rules
+recommended by the Civil Service Commission. I shall issue no new
+order on the subject at present. I am glad you approve of the message,
+and I wish you to see that all that is expressed or implied in it is
+faithfully carried out.
+
+Again congratulating you, and assuring you of my entire confidence,
+I remain, sincerely,
+
+R.B. HAYES.
+
+
+Regulations to Prevent the Introduction of the "Plague" into the
+United States.
+
+TREASURY DEPARTMENT,
+ OFFICE OF THE SURGEON-GENERAL,
+ UNITED STATES MARINE HOSPITAL SERVICE,
+
+_Washington, D.C., March 3, 1879._
+
+_To Officers of the Customs Revenue, Medical Officers of the
+ Marine-Hospital Service, and others whom it may concern_:
+
+The act approved April 29, 1878, entitled "An act to prevent the
+introduction of contagious or infectious diseases into the United
+States," provides that no vessel coming from any foreign port or
+country where any contagious or infectious disease exists, nor any
+vessel conveying infected merchandise, shall enter any port of the
+United States or pass the boundary line between the United States and
+any foreign country except in such manner as may be prescribed under
+said act.
+
+Attention has been called to the prevalence of a dangerous epidemic
+disease in southern Russia known as the "plague," and its extremely
+virulent and contagious character, as manifested in the late outbreak,
+leaves no doubt that it is similar to, if not identical with, the
+"plague" which devastated the Old World in past centuries. Because,
+therefore, of the danger which attaches to rags, furs, etc., as
+carriers of infection, the following regulations are framed, under
+the direction of the Secretary of the Treasury, and subject to the
+approval of the President, for the protection of the health of the
+people of the United States against the danger referred to:
+
+Until further orders no vessel from any port of the Black Sea or the
+Sea of Azof, conveying any rags, furs, skins, hair, feathers, boxed
+or baled clothing or bedding, or any similar articles liable to convey
+infection, nor any vessel from any port of the Mediterranean or Red
+seas having on board such articles coming from southern Russia, shall
+enter any port of the United States until such articles shall have
+been removed from the vessel to open lighters or to some isolated
+locality and the vessel disinfected and thoroughly ventilated; and the
+suspected articles shall be disinfected, either by chemical agents and
+exposure to free currents of air or by burning, as shall be determined
+in each case by the Surgeon-General of the Marine-Hospital Service.
+
+The certificate of the State or municipal quarantine officer of health
+may be accepted as satisfactory evidence of compliance with these
+regulations on the part of the vessel.
+
+JNO. M. WOODWORTH,
+ _Surgeon-General United States Marine-Hospital Service._
+
+Approved:
+
+R.B. HAYES.
+
+
+
+CUSTOM-HOUSE, NEW YORK CITY,
+ _Collector's Office, February 26, 1879._
+
+Hon. JOHN SHERMAN,
+ _Secretary of the Treasury._
+
+SIR: The President, by letter of 4th instant, having requested
+that appointments and promotions in this office should be made in
+accordance with the civil-service rules of 1872, and having also made
+a similar request of the naval officer, it has been deemed best to
+make, if practicable, the same rules applicable to all the offices
+in this city included in the order of the Treasury Department dated
+August 7, 1872.
+
+With that view, and after several conferences, it has been agreed
+by the assistant treasurer, naval officer, appraiser, surveyor, and
+myself to submit the inclosed modifications of the rules of 1872, and
+should they meet approval to put in operation forthwith the rules so
+modified.
+
+I am, very respectfully,
+
+E.A. MERRITT, _Collector._
+
+
+
+[The modifications submitted with the above letter are omitted,
+and instead are inserted the following regulations, based upon said
+modifications, approved by the President March 6, 1879, and amended
+with his approval in January, 1880.]
+
+
+
+Regulations Governing Appointments and Promotions in the Customs
+Service and Subtreasury in the City of New York.
+
+I. Every application for appointment to a vacancy in the lowest grade
+of any group in the offices of the collector and the surveyor of
+customs, the naval officer, the appraiser, and the assistant treasurer
+of the United States in the city of New York must be made in the
+handwriting of the applicant to the head of the office in which
+employment is desired. It must state: (1) The position to which the
+applicant desires to be appointed;[29] (2) place and date of birth;
+(3) legal residence, and how long it has been such; (4) education; (5)
+occupation, past and present; (6) whether ever employed in the civil
+service, and, if so, when, how long, in what branch and capacity, and
+reasons for leaving the service; (7) whether ever in the Regular or
+Volunteer Army or Navy, and, if so, when and in what organization and
+capacity; (8) applicant's name in full.
+
+II. The applicant must certify to having composed and written the
+application without assistance; to the truth of the statements which
+it contains; to being a citizen of the United States, and faithful
+to the Union and the Constitution; and, if ever in the Regular or
+Volunteer Army or Navy, to having been honorably discharged.
+
+III. Every application must be accompanied by a certificate, signed by
+two trustworthy and responsible persons, well known in the community
+in which they reside, that the applicant is personally well known to
+them to be of good moral character and of temperate and industrious
+habits, and to be faithful to the Union and the Constitution of the
+United States.
+
+IV. Every application must also be accompanied by the certificate of a
+practicing physician as to the applicant's general health and physical
+capacity to perform the duties of the position to which he desires to
+be appointed: _Provided, however_, That no appointment will be made to
+any position in active outdoor service unless a surgeon of the United
+States Marine-Hospital Service shall certify that he has made a
+physical examination of the applicant and found him fit for such
+position. Such surgeon's examination may be postponed until required
+by the nominating officer.
+
+V. Applications filed previously to the adoption of these regulations
+must be renewed or perfected in accordance therewith to entitle them
+to consideration. No applications for appointment as day or night
+inspectors in the custom-house from persons under 21 years of age,
+or for other positions under these regulations from persons under 18
+years of age, will be considered. In compliance with section 1031 of
+the Treasury Regulations now in force, persons over 45 years of age
+are not eligible to any group the lowest grade of which is confined
+to persons receiving an annual salary of less than $1,800. This
+prohibition, however, shall not be applied to those who have been
+honorably discharged from the service and are otherwise qualified.
+
+VI. All applications upon their receipt will be carefully examined
+by the board of examiners, and those which do not conform in every
+particular to the foregoing requirements, and such as show that the
+applicants are manifestly not qualified for the duties of the position
+desired, will be rejected and the applicants so notified. All other
+applicants will be designated as eligible for examination, and will
+be so notified. Inasmuch as applications are to be made in writing and
+each case is to be decided upon its merits, personal importunity will
+have no weight.
+
+VII. Not less than five days prior to each examination a notification
+to appear at a time and place to be stated will be mailed to the
+eligible candidates, unless it shall be found impracticable to examine
+all of them, in which case a practicable number will be selected under
+the second regulation[30] for the civil service promulgated April 16,
+1872, and notified to appear for examination. Those not selected for
+examination will remain on the eligible list. If any person notified
+to appear shall be unable to do so on account of sickness or other
+causes, he must promptly advise the board of examiners, in person or
+by mail, of his inability to attend, and his name will remain upon
+the eligible list; but any person attending an examination will not be
+allowed to subsequently plead sickness or other disabling causes as an
+excuse for defects in examination.
+
+VIII. All candidates for appointment to positions the annual salary
+of which is $1,200 or more, who shall appear in accordance with such
+notification, will be subjected to a competitive written examination
+upon the following subjects:
+
+(1) Copying from dictation; (2) arithmetic--fundamental rules,
+fractions, proportion, percentage and interest, reduction; (3)
+elements of accounts and bookkeeping; (4) geography, history, and
+government--general questions, principally such as relate to the
+United States; (5) elements of English grammar, chiefly orthography
+and syntax; (6) writing and briefing letters; and (7) penmanship.
+
+Candidates for appointment to positions the salary of which is
+less than $1,200 will be examined in like manner upon the following
+subjects: (1) Penmanship, (2) copying; (3) elements of English
+grammar, chiefly orthography and syntax; and (4) fundamental rules of
+arithmetic.
+
+Proficiency in penmanship, orthography, and punctuation will be
+determined principally by a review of the examination papers, and as
+far as possible the examination in all the branches will be confined
+to practical exercises.
+
+In examinations for appointments to positions requiring special
+or technical knowledge such additions may be made by the board of
+examiners to the list of subjects as the nature of the case may
+require.
+
+For temporary employment to meet casual exigencies in the public
+business, or for special services as experts, appointments may be made
+without examination; but no such appointment shall be made for a term
+exceeding three months, which may be specially extended for a similar
+term only; and no such appointment shall be made to any regular or
+permanent position.
+
+IX. The various subjects of the examination may be subdivided, if
+thought desirable, into classes, and to each subject or class a
+relative weight, according to its importance in the examination, will
+be assigned by each board of examiners. The mode of ascertaining the
+result of the examination will be as follows: The degree of accuracy
+with which each question shall be answered will first be marked by the
+board on a scale of 100. The average of the marks given to the answers
+to the questions in each subject or class will next be ascertained.
+Each average will then be multiplied by the number indicating the
+relative weight of the subject or class, and the sum of the products
+will be divided by the sum of the relative weights. The quotient will
+determine the candidate's standing in the examination. Relative weight
+will be assigned not merely to the special qualifications of the
+candidates, but to their general aptitude, as shown in the course of
+examination. Candidates will be examined during office hours, and in
+no case will their examination be continued more than one day.
+
+X. The board of examiners will prepare a list of the persons examined
+in the order of their excellence, as proved by such examination,
+beginning with the highest, and will then certify to the head of the
+office the names standing at the head of such list, not exceeding
+three. When more than one appointment is to be made, the vacancies
+will be numbered, and the first three names will be certified for
+the first vacancy, the remaining two and the fourth for the second
+vacancy, the remaining two and the fifth for the third vacancy, and so
+on for the whole number of vacancies; but if, after selecting one
+of any three certified for appointment, the head of the office shall
+object to another presentation of either of the remaining names, it
+shall not be again certified.
+
+XI. The examination papers of any candidate who shall have passed a
+minimum standard of 75 per cent, but who shall fail to be appointed,
+will, if requested by the candidate, be brought into competition with
+those candidates who shall compete for vacancies of the same class
+and nature occurring within one year: _Provided, however_, That the
+candidate shall not have been specially objected to by the head of
+the office under the last preceding regulation. No candidate who upon
+examination has been marked below the minimum will be allowed to again
+compete within one year from the date of such examination, unless for
+admission to a lower group.
+
+XII. All examination papers will be filed, and will at all times be
+open to the inspection of those interested, under such restrictions as
+may be imposed by the head of the office.
+
+XIII. There shall be one examining board for all appointments
+and promotions under these rules in the offices of the collector,
+surveyor, and naval officer, which shall consist of the surveyor and
+one representative to be nominated each by the collector and the
+naval officer, and three alternates, to be nominated one each by the
+collector, the naval officer, and the surveyor: _Provided, however_,
+That in examinations for positions in the surveyor's office the
+surveyor's alternate shall act on such board. The examining boards in
+the offices of the assistant treasurer and the appraiser shall consist
+of three persons, with three alternates, to be nominated by the
+assistant treasurer and the appraiser, respectively. All nominations
+as members and alternates on the examining boards shall be submitted
+to the Secretary of the Treasury for his approval. The heads of the
+several offices shall constitute a board of revision and appeal,
+which, upon appeal from any person examined or from any member of an
+examining board, shall revise the decision of said board.
+
+XIV. Whenever the head of an office shall notify the board of
+examiners for such office that a vacancy which he desires to fill
+exists in any grade above the lowest not excepted from the rules
+and regulations for the civil service, the board will fix a time for
+holding an examination for the purpose, and at least five days before
+the same is to take place will cause a notice to be posted in a
+conspicuous place in the office, stating the grade and group of the
+vacancy, the date of the examination, and that the vacancy is to be
+filled by a competitive examination of applicants from the next lower
+grade, unless none in such lower grade be found qualified, when those
+in the next lower grade may compete, or, if there be none in any of
+the lower grades qualified, competition will be open to applicants. In
+any examination for promotion, if the competitors from the next
+lower grade shall not exceed three in number, the board may, at its
+discretion, open the competition to the next lower grade or below, as
+they may deem best; and furthermore, if such promotion would probably
+occasion vacancies requiring other promotions, the board may combine
+in one the necessary examinations for such promotions. No person who
+has been examined in any grade for promotion and failed to receive
+such promotion shall again be admitted to examination within six
+months, but in the meantime his general average, as ascertained by
+such examination, may be brought into competition, as provided in
+Regulation XI.
+
+XV. The examination will be held upon the general subjects fixed for
+examinations for admission to the lowest grade of the group and upon
+such other subjects as the general nature of the business of the
+office and the special nature of the position to be filled may seem
+to the board of examiners to require. Due weight will be given to the
+efficiency with which the several candidates shall have previously
+performed their duties in the office; but no one who shall fail to
+pass a minimum standard of 75 per cent in the written examination will
+be certified for appointment.
+
+XVI. If no applicants from within the group shall be found competent,
+an examination will be held of all who shall make application in
+accordance with the regulations governing applications for admission
+to the office, after due public notice by the head of the office. The
+examination will be conducted in accordance with the provisions for
+admission to the office, as required by the fourth rule[31] for the
+civil service promulgated December 19, 1871, but the nature of the
+examination will be the same as in any previous examination for the
+same vacancy.
+
+XVII. The list of names from which the appointment is to be made will
+be prepared and certified in the manner provided for admission to the
+lowest grade.
+
+XVIII. Persons employed in any of the offices to which these rules are
+applicable may be transferred without examination from one office to
+a grade no higher in another office, with, the consent of the heads
+of the respective offices and the approval of the Secretary of the
+Treasury.
+
+XIX. Under the provisions of rule 2[32] of August 5, 1873, and the
+operation of these regulations, the power of suspension and of
+recommendation for discharge from the service shall remain with the
+nominating officer unrestricted. If, however, in his judgment it be
+deemed advisable, he may direct any person in his department to be
+cited before the regular examining board, and such board shall examine
+into and report upon the qualifications, efficiency, and general
+fitness for the position held, or for any position in the same or a
+lower grade, of the person so cited to appear; and furthermore, any
+person in the service engaged in active outdoor duties may be cited to
+appear before a surgeon of the United States Marine-Hospital Service
+and be examined by such surgeon as to the physical abilities of such
+person to perform the duties of the position occupied or of a position
+of less exposure, if otherwise qualified.
+
+XX. The sessions of the examining boards shall not be open to the
+public, but the board of revision and appeal may select such number
+of prominent citizens as may be deemed advisable, who shall have
+free access to the examining rooms, and who shall take no part in the
+conduct of the examination, but may, by inspection and inquiry,
+assure themselves regarding its thoroughness and impartiality, and may
+publicly certify the results of their inspection.
+
+ [Seventh rule for the civil service under the Executive order
+ of April 16, 1872.[33]]
+
+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.
+
+ [Fourth regulation for the civil service under the Executive
+ order of April 16, 1872[34]]
+
+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, * * * may be
+excepted from the operation of the rules.
+
+ [Ninth rule for the civil service under the Executive order of
+ April 16, 1872. [35]]
+
+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.
+
+ [Seventh rule for the civil service under the Executive order
+ of August 5, 1873.[36]]
+
+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 maybe appointed at discretion; but
+this rule shall not apply to any appointment to a position grouped
+below the grade of assistant teller.
+
+The amendments of the New York custom-house rules seem proper.
+
+
+R.B.H.
+
+[Footnote 29: The positions for which applications may be made in the
+several offices are: Collector's and surveyor's office: (1) Inspector,
+at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3)
+weigher's clerk, at annual salary of $1,200; (4) ganger's clerk, at
+annual salary of $1,200; (5) night inspector, at a salary of $2.50 per
+day, and clerk, at an annual salary of less than $1,200.
+
+Naval office: (1) Clerk, at an annual salary of $1,200; (2) clerk, at
+an annual salary of less than $1,200.
+
+Assistant treasurer's office: (1) Clerk, at an annual salary of
+$2,000; (2) clerk, at an annual salary of $1,200; (3) clerk, at an
+annual salary of less than $1,200.
+
+Appraiser's office: (1) Examiner, at an annual salary of $1,800; (2)
+clerk, verifier, or sampler, at an annual salary of $1,200; (3) clerk,
+verifier, or sampler, at an annual salary of less than $1,200; (4)
+openers and packers, at a salary of $3 per day.]
+
+[Footnote 30: See p. 181.]
+
+[Footnote 31: See p. 158.]
+
+[Footnote 32: See p. 231.]
+
+[Footnote 33: See rule 7, promulgated December 19, 1871, p.158.]
+
+[Footnote 34: See p. 181.]
+
+[Footnote 35: See rule 9, promulgated December 19, 1871, p. 158.]
+
+[Footnote 36: See p. 232.]
+
+
+
+MARCH 6, 1879.
+
+General E.A. MERRITT,
+ _Collector of Customs, New York_
+
+SIR: Your letter of the 26th ultimo, inclosing a draft of modification
+of the civil-service rules, was duly received, and the rules have been
+considered and approved by the President. You may therefore act upon
+them.
+
+Very respectfully,
+
+JOHN SHERMAN,
+ _Secretary_.
+
+
+RULES GOVERNING APPOINTMENT AND PROMOTION IN THE NEW YORK POST-OFFICE.
+
+For the purpose of making it more certain that only persons of
+good character and adequate capacity shall be selected from among
+applicants too numerous for the postmaster to become informed of their
+individual merits by personal investigation, the following rules are
+established:
+
+1. Hereafter all applications for clerical appointment at this
+post-office must be made in accordance with a prescribed form, a copy
+of which will be furnished to each applicant.
+
+2. All appointments to clerical positions will be made to the lowest
+grade, and no applications from persons under 16 or over 25 years of
+age will be entertained.
+
+3. On receipt of an application for appointment, and before further
+action is taken in regard to it, the applicant will be referred to the
+medical officer for examination as to his physical condition, as
+being adequate for the service; and if the report is unfavorable the
+application will be rejected. Should the report be favorable, the
+application will be filed and registered in its regular order.
+
+4. Every application must be accompanied by a certificate, signed by
+not less than three nor more than five reputable citizens, stating
+the time for which each has been acquainted with the applicant,
+and testifying to his good character and reputation for integrity,
+sobriety, and industry, and to the willingness of the signers to
+furnish personally any further information they may possess concerning
+the applicant, if so requested by the postmaster or the board of
+examiners.
+
+5. Applications not properly filled out as herein required, or which
+are found to contain false statements, or which in any other manner
+show the unfitness of the applicant for employment in the post-office,
+will be rejected and the applicant notified of such rejection.
+
+6. All examination papers, with the markings showing the relative
+proficiency of the candidates, will be carefully preserved and filed.
+
+7. The names of candidates which have been on the register for
+one year without being reached for examination will be regarded as
+removed, and will not be selected for examination unless again
+placed on the register by a new application, after which they will be
+selected when reached in order.
+
+8. All applications duly received and filed shall, when reached in
+order, be referred to a board of examiners, which is hereby appointed,
+and which shall consist of the assistant postmaster, auditor, the
+general superintendents of the fourth, fifth, and sixth divisions,
+and the assistant general superintendent of the third division. The
+postmaster's private secretary shall also act as secretary of said
+board.
+
+9. When vacancies occur in the lowest grade, the board of examiners
+shall notify such number of applicants, not less than twenty, of
+those first on the register of applicants to appear for a competitive
+examination.
+
+10. The questions to be asked and answered at such examinations shall
+be such as will show the relative proficiency of the candidates,
+first, in penmanship; second, in arithmetic; third, in geography;
+fourth, in English grammar; fifth, in the history of the United States
+and in matters of a public nature, to the extent that may be required
+adequately to test general capacity or special fitness for the postal
+service.
+
+11. The board shall present to the postmaster a list of the names of
+the successful candidates in the order of their excellence, as shown
+by the examination, beginning with the highest; and the appointments
+will be made from the three highest names on the list.
+
+12. All further details in methods of examination will be left to
+the discretion of the board, but subject to the instructions of the
+postmaster, in conformity herewith.
+
+13. All vacancies that may occur in the higher grades of any
+department shall be filled by promotion from the lower grades by means
+of competitive examinations, to which shall be admitted as competitors
+such persons only as are already employed in the division in which the
+vacancy exists or in divisions having analogous duties. The questions
+in these examinations shall be restricted mainly to matters pertaining
+to the ordinary business of that department. The examinations shall be
+conducted by the general superintendent of the division to which the
+department is attached, assisted by such one or more other officers
+of the same as the postmaster may select; and they shall report the
+result to the postmaster in the manner provided in rule 11, and the
+vacancy will be filled by the promotion of some one of the three
+standing highest in the competition. But whenever the vacancy to be
+filled by promotion is that of a position requiring the exercise of
+administrative authority the board may add such questions as will test
+the degree to which the candidates possess special qualifications for
+such position.
+
+14. For positions as porters the examination will be confined to
+questions intended to test the physical ability of the candidates and
+their proficiency in reading, penmanship, and elementary arithmetic
+only.
+
+15. The postmaster reserves from the operation of the above rules for
+original Appointment and promotion positions of especial pecuniary
+trust, as well as those involving confidential relations, as private
+secretary, etc.
+
+THOMAS L. JAMES, _Postmaster_.
+
+Approved. Let these rules go into effect May 1, 1879.
+
+D.M. KEY, _Postmaster-General._
+
+
+APRIL 3, 1879.
+
+The foregoing rules are approved.
+
+R.B. HAYES.
+
+
+
+[From the Evening Star, Washington, D.C., May 28, 1879.]
+
+EXECUTIVE MANSION, _Washington, May 28, 1879_.
+
+SIR:[37] I am directed by the President to say that the several
+Departments of the Government will be closed on Friday, the 30th
+instant, in remembrance of those who fell in defense of the nation,
+and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 37: Addressed to the heads of the Executive Departments,
+etc.]
+
+
+
+TREASURY DEPARTMENT,
+ OFFICE OF THE SURGEON GENERAL,
+ UNITED STATES MARINE-HOSPITAL SERVICE,
+
+_Washington, D.C., May 31, 1879_.
+
+_To Medical Officers of the Marine-Hospital Service and others whom it
+may concern:_
+
+Official information having been received to the effect that the
+"plague" which existed in southern Russia is now almost extinct, the
+regulations issued March 3, 1879,[38] imposing certain restrictions
+upon the importation of rags, etc., into the United States, are hereby
+revoked.
+
+By order of the Secretary of the Treasury:
+
+J.B. HAMILTON,
+ _Surgeon-General United States Marine-Hospital Service_.
+
+Approved: R.B. HAYES.
+
+[Footnote 38: See pp. 549-550.]
+
+
+
+EXECUTIVE MANSION, _Washington, November 1, 1879_.
+
+The sad intelligence of the death of Zachariah Chandler, late
+Secretary of the Interior, and during so many years a Senator from the
+State of Michigan, has been communicated to the Government and to the
+country, and in proper respect to his memory I hereby order that the
+several Executive Departments be closed to public business and their
+flags and those of their dependencies throughout the country be
+displayed at half-mast on the day of his funeral.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, November 17, 1879_.
+
+DEAR SIR:[39] I am directed by the President to say that the several
+Departments of the Government will be closed on Wednesday, the 19th
+instant, to enable the employees to participate in the ceremonies
+attending the unveiling of the statue of the late General George H.
+Thomas.
+
+Very truly, yours,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 39: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 1, 1879_.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+The members of the Forty-sixth Congress have assembled in their first
+regular session under circumstances calling for mutual congratulation
+and grateful acknowledgment to the Giver of All Good for the large and
+unusual measure of national prosperity which we now enjoy.
+
+The most interesting events which have occurred in our public affairs
+since my last annual message to Congress are connected with the
+financial operations of the Government, directly affecting the
+business interests of the country. I congratulate Congress on the
+successful execution of the resumption act. At the time fixed, and
+in the manner contemplated by law, United States notes began to
+be redeemed in coin. Since the 1st of January last they have been
+promptly redeemed on presentation, and in all business transactions,
+public and private, in all parts of the country, they are received and
+paid out as the equivalent of coin. The demand upon the Treasury
+for gold and silver in exchange for United States notes has been
+comparatively small, and the voluntary deposit of coin and bullion
+in exchange for notes has been very large. The excess of the precious
+metals deposited or exchanged for United States notes over the amount
+of United States notes redeemed is about $40,000,000.
+
+The resumption of specie payments has been followed by a very great
+revival of business. With a currency equivalent in value to the
+money of the commercial world, we are enabled to enter upon an equal
+competition with other nations in trade and production. The increasing
+foreign demand for our manufactures and agricultural products has
+caused a large balance of trade in our favor, which has been paid in
+gold, from the 1st of July last to November 15, to the amount of about
+$59,000,000. Since the resumption of specie payments there has also
+been a marked and gratifying improvement of the public credit. The
+bonds of the Government bearing only 4 per cent interest have been
+sold at or above par, sufficient in amount to pay off all of the
+national debt which was redeemable under present laws. The amount of
+interest saved annually by the process of refunding the debt since
+March 1, 1877, is $14,297,177. The bonds sold were largely in small
+sums, and the number of our citizens now holding the public securities
+is much greater than ever before. The amount of the national debt
+which matures within less than two years is $792,121,700, of which
+$500,000,000 bear interest at the rate of 5 per cent, and the balance
+is in bonds bearing 6 per cent interest. It is believed that this part
+of the public debt can be refunded by the issue of 4 per cent bonds,
+and, by the reduction of interest which will thus be effected, about
+$11,000,000 can be annually saved to the Treasury. To secure this
+important reduction of interest to be paid by the United States
+further legislation is required, which it is hoped will be provided by
+Congress during its present session.
+
+The coinage of gold by the mints of the United States during the last
+fiscal year was $40,986,912. The coinage of silver dollars since
+the passage of the act for that purpose up to November 1, 1879, was
+$45,000,850, of which $12,700,344 have been issued from the Treasury
+and are now in circulation, and $32,300,506 are still in the
+possession of the Government.
+
+The pendency of the proposition for unity of action between the United
+States and the principal commercial nations of Europe to effect a
+permanent system for the equality of gold and silver in the recognized
+money of the world leads me to recommend that Congress refrain from
+new legislation on the general subject. The great revival of trade,
+internal and foreign, will supply during the coming year its own
+instructions, which may well be awaited before attempting further
+experimental measures with the coinage. I would, however, strongly
+urge upon Congress the importance of authorizing the Secretary of the
+Treasury to suspend the coinage of silver dollars upon the present
+legal ratio. The market value of the silver dollar being uniformly and
+largely less than the market value of the gold dollar, it is obviously
+impracticable to maintain them at par with each other if both are
+coined without limit. If the cheaper coin is forced into circulation,
+it will, if coined without limit, soon become the sole standard of
+value, and thus defeat the desired object, which is a currency of both
+gold and silver which shall be of equivalent value, dollar for dollar,
+with the universally recognized money of the world.
+
+The retirement from circulation of United States notes with the
+capacity of legal tender in private contracts is a step to be taken
+in our progress toward a safe and stable currency which should be
+accepted as the policy and duty of the Government and the interest
+and security of the people. It is my firm conviction that the issue of
+legal-tender paper money based wholly upon the authority and credit of
+the Government, except in extreme emergency, is without warrant in the
+Constitution and a violation of sound financial principles. The issue
+of United States notes during the late civil war with the capacity of
+legal tender between private individuals was not authorized except as
+a means of rescuing the country from imminent peril. The circulation
+of these notes as paper money for any protracted period of time after
+the accomplishment of this purpose was not contemplated by the
+framers of the law under which they were issued. They anticipated the
+redemption and withdrawal of these notes at the earliest practicable
+period consistent with the attainment of the object for which they
+were provided.
+
+The policy of the United States, steadily adhered to from the adoption
+of the Constitution, has been to avoid the creation of a national
+debt; and when, from necessity in time of war, debts have been
+created, they have been paid off, on the return of peace, as rapidly
+as possible. With this view, and for this purpose, it is recommended
+that the existing laws for the accumulation of a sinking fund
+sufficient to extinguish the public debt within a limited period
+be maintained. If any change of the objects or rates of taxation is
+deemed necessary by Congress, it is suggested that experience has
+shown that a duty can be placed on tea and coffee which will not
+enhance the price of those articles to the consumer, and which will
+add several millions of dollars annually to the Treasury.
+
+The continued deliberate violation by a large number of the prominent
+and influential citizens of the Territory of Utah of the laws of the
+United States for the prosecution and punishment of polygamy demands
+the attention of every department of the Government. This Territory
+has a population sufficient to entitle it to admission as a State,
+and the general interests of the nation, as well as the welfare of the
+citizens of the Territory, require its advance from the Territorial
+form of government to the responsibilities and privileges of a State.
+This important change will not, however, be approved by the country
+while the citizens of Utah in very considerable number uphold a
+practice which is condemned as a crime by the laws of all civilized
+communities throughout the world.
+
+The law for the suppression of this offense was enacted with great
+unanimity by Congress more than seventeen years ago, but has remained
+until recently a dead letter in the Territory of Utah, because of the
+peculiar difficulties attending its enforcement. The opinion widely
+prevailed among the citizens of Utah that the law was in contravention
+of the constitutional guaranty of religious freedom. This objection
+is now removed. The Supreme Court of the United States has decided the
+law to be within the legislative power of Congress and binding as a
+rule of action for all who reside within the Territories. There is
+no longer any reason for delay or hesitation in its enforcement.
+It should be firmly and effectively executed. If not sufficiently
+stringent in its provisions, it should be amended; and in aid of the
+purpose in view I recommend that more comprehensive and more searching
+methods for preventing as well as punishing this crime be provided. If
+necessary to secure obedience to the law, the enjoyment and exercise
+of the rights and privileges of citizenship in the Territories of the
+United States may be withheld or withdrawn from those who violate or
+oppose the enforcement of the law on this subject.
+
+The elections of the past year, though occupied only with State
+officers, have not failed to elicit in the political discussions which
+attended them all over the country new and decisive evidence of the
+deep interest which the great body of citizens take in the progress
+of the country toward a more general and complete establishment, at
+whatever cost, of universal security and freedom in the exercise of
+the elective franchise. While many topics of political concern demand
+great attention from our people, both in the sphere of national and
+State authority, I find no reason to qualify the opinion I expressed
+in my last annual message, that no temporary or administrative
+interests of government, however urgent or weighty, will ever
+displace the zeal of our people in defense of the primary rights of
+citizenship, and that the power of public opinion will override all
+political prejudices, and all sectional and State attachments in
+demanding that all over our wide territory the name and character of
+citizen of the United States shall mean one and the same thing and
+carry with them unchallenged security and respect. I earnestly appeal
+to the intelligence and patriotism of all good citizens of every part
+of the country, however much they may be divided in opinions on other
+political subjects, to unite in compelling obedience to existing laws
+aimed at the protection of the right of suffrage. I respectfully urge
+upon Congress to supply any defects in these laws which experience has
+shown and which it is within its power to remedy. I again invoke the
+cooperation of the executive and legislative authorities of the States
+in this great purpose. I am fully convinced that if the public mind
+can be set at rest on this paramount question of popular rights no
+serious obstacle will thwart or delay the complete pacification of the
+country or retard the general diffusion of prosperity.
+
+In a former message I invited the attention of Congress to the
+subject of the reformation of the civil service of the Government,
+and expressed the intention of transmitting to Congress as early as
+practicable a report upon this subject by the chairman of the Civil
+Service Commission.
+
+In view of the facts that during a considerable period the Government
+of Great Britain has been dealing with administrative problems and
+abuses in various particulars analogous to those presented in this
+country, and that in recent years the measures adopted were understood
+to have been effective and in every respect highly satisfactory, I
+thought it desirable to have fuller information upon the subject, and
+accordingly requested the chairman of the Civil Service Commission to
+make a thorough investigation for this purpose. The result has been an
+elaborate and comprehensive report.
+
+The report sets forth the history of the partisan spoils system
+in Great Britain, and of the rise and fall of the parliamentary
+patronage, and of official interference with the freedom of elections.
+It shows that after long trials of various kinds of examinations those
+which are competitive and open on equal terms to all, and which are
+carried on under the superintendence of a single commission, have,
+with great advantage, been established as conditions of admission to
+almost every official place in the subordinate administration of that
+country and of British India. The completion of the report, owing to
+the extent of the labor involved in its preparation and the omission
+of Congress to make any provision either for the compensation or the
+expenses of the Commission, has been postponed until the present time.
+It is herewith transmitted to Congress.
+
+While the reform measures of another government are of no authority
+for us, they are entitled to influence to the extent to which their
+intrinsic wisdom and their adaptation to our institutions and
+social life may commend them to our consideration. The views I have
+heretofore expressed concerning the defects and abuses in our civil
+administration remain unchanged, except in so far as an enlarged
+experience has deepened my sense of the duty both of officers and of
+the people themselves to cooperate for their removal. The grave evils
+and perils of a partisan spoils system of appointment to office and of
+office tenure are now generally recognized. In the resolutions of
+the great parties, in the reports of Departments, in the debates and
+proceedings of Congress, in the messages of Executives, the gravity of
+these evils has been pointed out and the need of their reform has been
+admitted.
+
+To command the necessary support, every measure of reform must be
+based on common right and justice, and must be compatible with the
+healthy existence of great parties, which are inevitable and essential
+in a free state.
+
+When the people have approved a policy at a national election,
+confidence on the part of the officers they have selected and of the
+advisers who, in accordance with our political institutions, should be
+consulted in the policy which it is their duty to carry into effect
+is indispensable. It is eminently proper that they should explain it
+before the people, as well as illustrate its spirit in the performance
+of their official duties.
+
+Very different considerations apply to the greater number of those who
+fill the subordinate places in the civil service. Their responsibility
+is to their superiors in official position. It is their duty to obey
+the legal instructions of those upon whom that authority is devolved,
+and their best public service consists in the discharge of their
+functions irrespective of partisan politics. Their duties are the
+same whatever party is in power and whatever policy prevails. As a
+consequence it follows that their tenure of office should not depend
+on the prevalence of any policy or the supremacy of any party, but
+should be determined by their capacity to serve the people most
+usefully quite irrespective of partisan interests. The same
+considerations that should govern the tenure should also prevail in
+the appointment, discipline, and removal of these subordinates. The
+authority of appointment and removal is not a perquisite, which may
+be used to aid a friend or reward a partisan, but is a trust, to be
+exercised in the public interest under all the sanctions which attend
+the obligation to apply the public funds only for public purposes.
+
+Every citizen has an equal right to the honor and profit of
+entering the public service of his country. The only just ground of
+discrimination is the measure of character and capacity he has to make
+that service most useful to the people. Except in cases where,
+upon just and recognized principles--as upon the theory of
+pensions--offices and promotions are bestowed as rewards for past
+services, their bestowal upon any theory which disregards personal
+merit is an act of injustice to the citizen, as well as a breach of
+that trust subject to which the appointing power is held.
+
+In the light of these principles it becomes of great importance to
+provide just and adequate means, especially for every Department and
+large administrative office, where personal discrimination on the part
+of its head is not practicable, for ascertaining those qualifications
+to which appointments and removals should have reference. To fail to
+provide such means is not only to deny the opportunity of ascertaining
+the facts upon which the most righteous claim to office depends,
+but of necessity to discourage all worthy aspirants by handing over
+appointments and removals to mere influence and favoritism. If it is
+the right of the worthiest claimant to gain the appointment and the
+interest of the people to bestow it upon him, it would seem clear that
+a wise and just method of ascertaining personal fitness for office
+must be an important and permanent function of every just and wise
+government. It has long since become impossible in the great offices
+for those having the duty of nomination and appointment to personally
+examine into the individual qualifications of more than a small
+proportion of those seeking office, and with the enlargement of the
+civil service that proportion must continue to become less.
+
+In the earlier years of the Government the subordinate offices were so
+few in number that it was quite easy for those making appointments
+and promotions to personally ascertain the merits of candidates.
+Party managers and methods had not then become powerful agencies of
+coercion, hostile to the free and just exercise of the appointing
+power.
+
+A large and responsible part of the duty of restoring the civil
+service to the desired purity and efficiency rests upon the President,
+and it is my purpose to do what is within my power to advance such
+prudent and gradual measures of reform as will most surely and rapidly
+bring about that radical change of system essential to make our
+administrative methods satisfactory to a free and intelligent people.
+By a proper exercise of authority it is in the power of the Executive
+to do much to promote such a reform. But it can not be too clearly
+understood that nothing adequate can be accomplished without
+cooperation on the part of Congress and considerate and intelligent
+support among the people. Reforms which challenge the generally
+accepted theories of parties and demand changes in the methods of
+Departments are not the work of a day. Their permanent foundations
+must be laid in sound principles and in an experience which
+demonstrates their wisdom and exposes the errors of their adversaries.
+Every worthy officer desires to make his official action a gain and an
+honor to his country; but the people themselves, far more than their
+officers in public station, are interested in a pure, economical, and
+vigorous administration.
+
+By laws enacted in 1853 and 1855, and now in substance incorporated
+in the Revised Statutes, the practice of arbitrary appointments to the
+several subordinate grades in the great Departments was condemned, and
+examinations as to capacity, to be conducted by departmental boards of
+examiners, were provided for and made conditions of admission to
+the public service. These statutes are a decision by Congress that
+examinations of some sort as to attainments and capacity are essential
+to the well-being of the public service. The important questions since
+the enactment of these laws have been as to the character of these
+examinations, and whether official favor and partisan influence or
+common right and merit were to control the access to the examinations.
+In practice these examinations have not always been open to worthy
+persons generally who might wish to be examined. Official favoritism
+and partisan influence, as a rule, appear to have designated those
+who alone were permitted to go before the examining boards, subjecting
+even the examiners to a pressure from the friends of the candidates
+very difficult to resist. As a consequence the standard of admission
+fell below that which the public interest demanded. It was also almost
+inevitable that a system which provided for various separate boards of
+examiners, with no common supervision or uniform method of procedure,
+should result in confusion, inconsistency, and inadequate tests of
+capacity, highly detrimental to the public interest. A further and
+more radical change was obviously required.
+
+In the annual message of December, 1870, my predecessor declared
+that--
+
+ 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.
+
+
+Congress accordingly passed the act approved March 3, 1871, "to
+regulate the civil service of the United States and promote the
+efficiency thereof," giving the necessary authority to the Executive
+to inaugurate a civil-service reform.
+
+Acting under this statute, which was interpreted as intended to secure
+a system of just and effectual examinations under uniform supervision,
+a number of eminently competent persons were selected for the purpose,
+who entered with zeal upon the discharge of their duties, prepared
+with an intelligent appreciation of the requirements of the service
+the regulations contemplated, and took charge of the examinations, and
+who in their capacity as a board have been known as the "Civil Service
+Commission." Congress for two years appropriated the money needed for
+the compensation and for the expense of carrying on the work of the
+Commission.
+
+It appears from the report of the Commission submitted to the
+President in April, 1874, that examinations had been held in various
+sections of the country, and that an appropriation of about $25,000
+would be required to meet the annual expenses, including salaries,
+involved in discharging the duties of the Commission. The report was
+transmitted to Congress by special message of April 18, 1874, with the
+following favorable comment upon the labors of the Commission:
+
+ 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 hitherto 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.
+
+
+And in the annual message of December of the same year similar views
+are expressed and an appropriation for continuing the work of the
+Commission again advised.
+
+The appropriation was not made, and as a consequence the active work
+of the Commission was suspended, leaving the Commission itself still
+in existence. Without the means, therefore, of causing qualifications
+to be tested in any systematic manner or of securing for the public
+service the advantages of competition upon any extensive plan, I
+recommended in my annual message of December, 1877, the making of an
+appropriation for the resumption of the work of the Commission.
+
+In the meantime, however, competitive examinations, under many
+embarrassments, have been conducted within limited spheres in
+the Executive Departments in Washington and in a number of the
+custom-houses and post-offices of the principal cities of the country,
+with a view to further test their effects, and in every instance they
+have been found to be as salutary as they are stated to have been
+under the Administration of my predecessor. I think the economy,
+purity, and efficiency of the public service would be greatly promoted
+by their systematic introduction, wherever practicable, throughout the
+entire civil service of the Government, together with ample provision
+for their general supervision in order to secure consistency and
+uniform justice.
+
+Reports from the Secretary of the Interior, from the
+Postmaster-General, from the postmaster in the city of New York, where
+such examinations have been some time on trial, and also from the
+collector of the port, the naval officer, and the surveyor in that
+city, and from the postmasters and collectors in several of the other
+large cities, show that the competitive system, where applied, has in
+various ways contributed to improve the public service.
+
+The reports show that the results have been salutary in a marked
+degree, and that the general application of similar rules can not fail
+to be of decided benefit to the service.
+
+The reports of the Government officers, in the city of New York
+especially, bear decided testimony to the utility of open competitive
+examinations in their respective offices, showing that--
+
+ These examinations and the excellent qualifications of
+ those admitted to the service through them have had a marked
+ incidental effect upon the persons previously in the service,
+ and particularly upon those aspiring to promotion. There has
+ been on the part of these latter an increased interest in the
+ work and a desire to extend acquaintance with it beyond the
+ particular desk occupied, and thus the morale of the entire
+ force has been raised. * * * The examinations have been
+ attended by many citizens, who have had an opportunity to
+ thoroughly investigate the scope and character of the tests
+ and the method of determining the results, and those visitors
+ have without exception approved the methods employed, and
+ several of them have publicly attested their favorable
+ opinion.
+
+
+Upon such considerations I deem it my duty to renew the recommendation
+contained in my annual message of December, 1877, requesting Congress
+to make the necessary appropriation for the resumption of the work of
+the Civil Service Commission. Economy will be promoted by authorizing
+a moderate compensation to persons in the public service who may
+perform extra labor upon or under the Commission, as the Executive may
+direct.
+
+I am convinced that if a just and adequate test of merit is enforced
+for admission to the public service and in making promotions such
+abuses as removals without good cause and partisan and official
+interference with the proper exercise of the appointing power will in
+large measure disappear.
+
+There are other administrative abuses to which the attention
+of Congress should be asked in this connection. Mere partisan
+appointments and the constant peril of removal without cause very
+naturally lead to an absorbing and mischievous political activity on
+the part of those thus appointed, which not only interferes with the
+due discharge of official duty, but is incompatible with the freedom
+of elections. Not without warrant in the views of several of my
+predecessors in the Presidential office, and directly within the law
+of 1871, already cited, I endeavored, by regulation made on the 22d
+day of June, 1877, to put some reasonable limits to such abuses. It
+may not be easy, and it may never perhaps be necessary, to define with
+precision the proper limit of political action on the part of Federal
+officers. But while their right to hold and freely express their
+opinions can not be questioned, it is very plain that they should
+neither be allowed to devote to other subjects the time needed for the
+proper discharge of their official duties nor to use the authority of
+their office to enforce their own opinions or to coerce the political
+action of those who hold different opinions.
+
+Reasons of justice and public policy quite analogous to those which
+forbid the use of official power for the oppression of the private
+citizen impose upon the Government the duty of protecting its officers
+and agents from arbitrary exactions. In whatever aspect considered,
+the practice of making levies for party purposes upon the salaries
+of officers is highly demoralizing to the public service and
+discreditable to the country. Though an officer should be as free as
+any other citizen to give his own money in aid of his opinions or his
+party, he should also be as free as any other citizen to refuse to
+make such gifts. If salaries are but a fair compensation for the time
+and labor of the officer, it is gross injustice to levy a tax upon
+them. If they are made excessive in order that they may bear the tax,
+the excess is an indirect robbery of the public funds.
+
+I recommend, therefore, such a revision and extension of present
+statutes as shall secure to those in every grade of official life or
+public employment the protection with which a great and enlightened
+nation should guard those who are faithful in its service.
+
+Our relations with foreign countries have continued peaceful.
+
+With Great Britain there are still unsettled questions, growing out of
+the local laws of the maritime provinces and the action of provincial
+authorities deemed to be in derogation of rights secured by treaty
+to American fishermen. The United States minister in London has been
+instructed to present a demand for $105,305.02 in view of the damages
+received by American citizens at Fortune Bay on the 6th day of
+January, 1878. The subject has been taken into consideration by the
+British Government, and an early reply is anticipated.
+
+Upon the completion of the necessary preliminary examinations the
+subject of our participation in the provincial fisheries, as regulated
+by treaty, will at once be brought to the attention of the British
+Government, with a view to an early and permanent settlement of the
+whole question, which was only temporarily adjusted by the treaty of
+Washington.
+
+Efforts have been made to obtain the removal of restrictions found
+injurious to the exportation of cattle to the United Kingdom.
+
+Some correspondence has also occurred with regard to the rescue and
+saving of life and property upon the Lakes, which has resulted in
+important modifications of the previous regulations of the Dominion
+government on the subject in the interest of humanity and commerce.
+
+In accordance with the joint resolution of the last session of
+Congress, commissioners were appointed to represent the United States
+at the two international exhibitions in Australia, one of which is
+now in progress at Sydney, and the other to be held next year
+at Melbourne. A desire has been expressed by our merchants and
+manufacturers interested in the important and growing trade with
+Australia that an increased provision should be made by Congress for
+the representation of our industries at the Melbourne exhibition of
+next year, and the subject is respectfully submitted to your favorable
+consideration.
+
+The assent of the Government has been given to the landing on the
+coast of Massachusetts of a new and independent transatlantic cable
+between France, by way of the French island of St. Pierre, and this
+country, subject to any future legislation of Congress on the subject.
+The conditions imposed before allowing this connection with our shores
+to be established are such as to secure its competition with any
+existing or future lines of marine cable and preclude amalgamation
+therewith, to provide for entire equality of rights to our Government
+and people with those of France in the use of the cable, and prevent
+any exclusive possession of the privilege as accorded by France to the
+disadvantage of any future cable communication between France and the
+United States which may be projected and accomplished by our citizens.
+An important reduction of the present rates of cable communication
+with Europe, felt to be too burdensome to the interests of our
+commerce, must necessarily flow from the establishment of this
+competing line.
+
+The attention of Congress was drawn to the propriety of some general
+regulation by Congress of the whole subject of transmarine cables by
+my predecessor in his message of December 7, 1875, and I respectfully
+submit to your consideration the importance of Congressional action in
+the matter.
+
+The questions of grave importance with Spain growing out of the
+incidents of the Cuban insurrection have been for the most part
+happily and honorably settled. It may reasonably be anticipated that
+the commission now sitting in Washington for the decision of private
+cases in this connection will soon be able to bring its labors to a
+conclusion.
+
+The long-standing question of East Florida claims has lately been
+renewed as a subject of correspondence, and may possibly require
+Congressional action for its final disposition.
+
+A treaty with the Netherlands with respect to consular rights and
+privileges similar to those with other powers has been signed and
+ratified, and the ratifications were exchanged on the 31st of July
+last. Negotiations for extradition treaties with the Netherlands and
+with Denmark are now in progress.
+
+Some questions with Switzerland in regard to pauper and convict
+emigrants have arisen, but it is not doubted that they will be
+arranged upon a just and satisfactory basis. A question has also
+occurred with respect to an asserted claim by Swiss municipal
+authorities to exercise tutelage over persons and property of Swiss
+citizens naturalized in this country. It is possible this may require
+adjustment by treaty.
+
+With the German Empire frequent questions arise in connection with
+the subjects of naturalization and expatriation, but the Imperial
+Government has constantly manifested a desire to strictly maintain and
+comply with all treaty stipulations in regard to them.
+
+In consequence of the omission of Congress to provide for a diplomatic
+representative at Athens, the legation to Greece has been withdrawn.
+There is now no channel of diplomatic communication between the two
+countries, and the expediency of providing for one in some form is
+submitted to Congress.
+
+Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium
+continue amicable, and marked by no incident of especial importance.
+
+A change of the personal head of the Government of Egypt has taken
+place. No change, however, has occurred in the relations between
+Egypt and the United States. The action of the Egyptian Government in
+presenting to the city of New York one of the ancient obelisks, which
+possess such historic interest, is highly appreciated as a generous
+mark of international regard. If prosperity should attend the
+enterprise of its transportation across the Atlantic, its erection in
+a conspicuous position in the chief commercial city of the nation will
+soon be accomplished.
+
+The treaty recently made between Japan and the United States in regard
+to the revision of former commercial treaties it is now believed will
+be followed by similar action on the part of other treaty powers. The
+attention of Congress is again invited to the subject of the indemnity
+funds received some years since from Japan and China, which, with
+their accumulated interest, now amount to considerable sums. If any
+part of these funds is justly due to American citizens, they should
+receive it promptly; and whatever may have been received by this
+Government in excess of strictly just demands should in some form be
+returned to the nations to whom it equitably belongs.
+
+The Government of China has signified its willingness to consider the
+question of the emigration of its subjects to the United States with
+a dispassionate fairness and to cooperate in such measures as may
+tend to prevent injurious consequences to the United States. The
+negotiations are still proceeding, and will be pressed with diligence.
+
+A question having arisen between China and Japan about the Lew Chew
+Islands, the United States Government has taken measures to inform
+those powers of its readiness to extend its good offices for the
+maintenance of peace if they shall mutually deem it desirable and find
+it practicable to avail themselves of the proffer.
+
+It is a gratification to be able to announce that, through the
+judicious and energetic action of the military commanders of the two
+nations on each side of the Rio Grande, under the instructions of
+their respective Governments, raids and depredations have greatly
+decreased, and in the localities where formerly most destructive
+have now almost wholly ceased. In view of this result, I entertain a
+confident expectation that the prevalence of quiet on the border will
+soon become so assured as to justify a modification of the present
+orders to our military commanders as to crossing the border, without
+encouraging such disturbances as would endanger the peace of the two
+countries.
+
+The third installment of the award against Mexico under the claims
+commission of July 4, 1868, was duly paid, and has been put in course
+of distribution in pursuance of the act of Congress providing for the
+same. This satisfactory situation between the two countries leads me
+to anticipate an expansion of our trade with Mexico and an increased
+contribution of capital and industry by our people to the development
+of the great resources of that country. I earnestly commend to the
+wisdom of Congress the provision of suitable legislation looking to
+this result.
+
+Diplomatic intercourse with Colombia is again fully restored by the
+arrival of a minister from that country to the United States. This
+is especially fortunate in view of the fact that the question of an
+interoceanic canal has recently assumed a new and important aspect and
+is now under discussion with the Central American countries through
+whose territory the canal, by the Nicaragua route, would have to pass.
+It is trusted that enlightened statesmanship on their part will see
+that the early prosecution of such a work will largely inure to
+the benefit, not only of their own citizens and those of the United
+States, but of the commerce of the civilized world. It is not doubted
+that should the work be undertaken under the protective auspices of
+the United States, and upon satisfactory concessions for the right of
+way and its security by the Central American Governments, the capital
+for its completion would be readily furnished from this country and
+Europe, which might, failing such guaranties, prove inaccessible.
+
+Diplomatic relations with Chile have also been strengthened by the
+reception of a minister from that country.
+
+The war between Peru, Bolivia, and Chile still continues. The United
+States have not deemed it proper to interpose in the matter further
+than to convey to all the Governments concerned the assurance that
+the friendly offices of the Government of the United States for the
+restoration of peace upon an honorable basis will be extended in case
+the belligerents shall exhibit a readiness to accept them.
+
+Cordial relations continue with Brazil and the Argentine Republic, and
+trade with those countries is improving. A provision for regular and
+more frequent mail communication, in our own ships, between the
+ports of this country and the nations of South America seems to me
+to deserve the attention of Congress as an essential precursor of an
+enlargement of our commerce with them and an extension of our carrying
+trade.
+
+A recent revolution in Venezuela has been followed by the
+establishment of a provisional government. This government has not
+yet been formally recognized, and it is deemed desirable to await
+the proposed action of the people which is expected to give it the
+sanction of constitutional forms.
+
+A naval vessel has been sent to the Samoan Islands to make surveys and
+take possession of the privileges ceded to the United States by Samoa
+in the harbor of Pago-Pago. A coaling station is to be established
+there, which will be convenient and useful to United States vessels.
+
+The subject of opening diplomatic relations with Roumania and
+Servia, now become independent sovereignties, is at present under
+consideration, and is the subject of diplomatic correspondence.
+
+There is a gratifying increase of trade with nearly all European and
+American countries, and it is believed that with judicious action in
+regard to its development it can and will be still more enhanced and
+that American products and manufactures will find new and expanding
+markets. The reports of diplomatic and consular officers upon this
+subject, under the system now adopted, have resulted in obtaining
+much valuable information, which has been and will continue to be laid
+before Congress and the public from time to time.
+
+The third article of the treaty with Russia of March 30, 1867,
+by which Alaska was ceded to the United States, provides that
+the inhabitants of the ceded territory, with the exception of the
+uncivilized native tribes, shall be admitted to the enjoyment of all
+the rights of citizens of the United States and shall be maintained
+and protected in the free enjoyment of their liberty, property,
+and religion. The uncivilized tribes are subject to such laws and
+regulations as the United States may from time to time adopt in regard
+to the aboriginal tribes of that country.
+
+Both the obligations of this treaty and the necessities of the people
+require that some organized form of government over the Territory of
+Alaska be adopted.
+
+There appears to be no law for the arrest of persons charged with
+common-law offenses, such as assault, robbery, and murder, and no
+magistrate authorized to issue or execute process in such cases.
+Serious difficulties have already arisen from offenses of this
+character, not only among the original inhabitants, but among citizens
+of the United States and other countries who have engaged in mining,
+fishing, and other business operations within the territory. A bill
+authorizing the appointment of justices of the peace and constables
+and the arrest and detention of persons charged with criminal
+offenses, and providing for an appeal to United States courts for
+the district of Oregon in suitable cases, will at a proper time be
+submitted to Congress.
+
+The attention of Congress is called to the annual report of the
+Secretary of the Treasury on the condition of the public finances.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1879, were $273,827,184.46; the ordinary expenditures for the same
+period were $266,947,883.53, leaving a surplus revenue for the year of
+$6,879,300.93.
+
+The receipts for the present fiscal year, ending June 30, 1880, actual
+and estimated, are as follows: Actual receipts for the first quarter,
+commencing July 1, 1879, $79,843,663.61; estimated receipts for the
+remaining three quarters of the year, $208,156,336.39; total receipts
+for the current fiscal year, actual and estimated, $288,000,000.
+
+The expenditures for the same period will be, actual and estimated, as
+follows: For the quarter commencing July 1, 1879, actual expenditures,
+$91,683,385.10; and for the remaining three quarters of the year
+the expenditures are estimated at $172,316,614.90, making the total
+expenditures $264,000,000, and leaving an estimated surplus revenue
+for the year ending June 30, 1880, of $24,000,000. The total receipts
+during the next fiscal year, ending June 30, 1881, estimated according
+to existing laws, will be $288,000,000, and the estimated ordinary
+expenditures for the same period will be $278,097,364.39, leaving a
+surplus of $9,902,635.61 for that year.
+
+The large amount expended for arrears of pensions during the last and
+the present fiscal year, amounting to $21,747,249.60, has prevented
+the application of the full amount required by law to the sinking
+fund for the current year; but these arrears having been substantially
+paid, it is believed that the sinking fund can hereafter be maintained
+without any change of existing law.
+
+The Secretary of War reports that the War Department estimates for the
+fiscal year ending June 30, 1881, are $40,380,428.93, the same being
+for a less sum of money than any annual estimate rendered to Congress
+from that Department during a period of at least twelve years.
+
+He concurs with the General of the Army in recommending such
+legislation as will authorize the enlistment of the full number
+of 25,000 men for the line of the Army, exclusive of the 3,463 men
+required for detached duty, and therefore not available for service in
+the field.
+
+He also recommends that Congress be asked to provide by law for
+the disposition of a large number of abandoned military posts and
+reservations, which, though very valuable in themselves, have been
+rendered useless for military purposes by the advance of civilization
+and settlement.
+
+He unites with the Quartermaster-General in recommending that an
+appropriation be made for the construction of a cheap and perfectly
+fireproof building for the safe storage of a vast amount of money
+accounts, vouchers, claims, and other valuable records now in the
+Quartermaster-General's Office, and exposed to great risk of total
+destruction by fire.
+
+He also recommends, in conformity with the views of the
+Judge-Advocate-General, some declaratory legislation in reference
+to the military statute of limitations as applied to the crime of
+desertion.
+
+In these several recommendations I concur.
+
+The Secretary of War further reports that the work for the improvement
+of the South Pass of the Mississippi River, under contract with Mr.
+James B. Eads, made in pursuance of an act of Congress, has been
+prosecuted during the past year with a greater measure of success in
+the attainment of results than during any previous year. The channel
+through the South Pass, which at the beginning of operations in June,
+1875, had a depth of only 7-1/2 feet of water, had on the 8th of July,
+1879, a minimum depth of 26 feet, having a width of not less than
+200 feet and a central depth of 30 feet. Payments have been made in
+accordance with the statute, as the work progressed, amounting in
+the aggregate to $4,250,000; and further payments will become due, as
+provided by the statute, in the event of success in maintaining the
+channel now secured.
+
+The reports of the General of the Army and of his subordinates
+present a full and detailed account of the military operations for
+the suppression of hostilities among the Indians of the Ute and
+Apache tribes, and praise is justly awarded to the officers and troops
+engaged for promptness, skill, and courage displayed.
+
+The past year has been one of almost unbroken peace and quiet on the
+Mexican frontier, and there is reason to believe that the efforts of
+this Government and of Mexico to maintain order in that region will
+prove permanently successful.
+
+This Department was enabled during the past year to find temporary,
+though crowded, accommodations and a safe depository for a portion of
+its records in the completed east wing of the building designed for
+the State, War, and Navy Departments. The construction of the north
+wing of the building, a part of the structure intended for the use
+of the War Department, is being carried forward with all possible
+dispatch, and the work should receive from Congress such liberal
+appropriations as will secure its speedy completion.
+
+The report of the Secretary of the Navy shows continued improvement
+in that branch of the service during the last fiscal year. Extensive
+repairs have been made upon vessels, and two new ships have been
+completed and made ready for sea.
+
+The total expenditures of the year ended June 30, 1879, including
+specific appropriations not estimated for by the Department, were
+$13,555,710.09. The expenses chargeable to the year, after deducting
+the amount of these specific appropriations, were $13,343,317.79; but
+this is subject to a reduction of $283,725.99, that amount having been
+drawn upon warrants, but not paid out during the year. The amount of
+appropriations applicable to the last fiscal year was $14,538,646.17.
+There was, therefore, a balance of $1,479,054.37 remaining unexpended
+and to the credit of the Department on June 30, 1879. The estimates
+for the fiscal year ending June 30, 1881, are $14,864,147.95, which
+exceeds the appropriations for the present fiscal year $361,897.28.
+The reason for this increase is explained in the Secretary's
+report. The appropriations available for the present fiscal year are
+$14,502,250.67, which will, in the opinion of the Secretary, answer
+all the ordinary demands of the service. The amount drawn from the
+Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which
+$1,095,440.33 has been refunded, leaving as the expenditure for that
+period $4,674,963.79. If the expenditures of the remaining two-thirds
+of the year do not exceed the proportion for these four months, there
+will remain unexpended at the end of the year $477,359.30 of the
+current appropriations. The report of the Secretary shows the
+gratifying fact that among all the disbursing officers of the Pay
+Corps of the Navy there is not one who is a defaulter to the extent of
+a single dollar. I unite with him in recommending the removal of the
+observatory to a more healthful location. That institution reflects
+credit upon the nation, and has obtained the approbation of scientific
+men in all parts of the world. Its removal from its present location
+would not only be conducive to the health of its officers and
+professors, but would greatly increase its usefulness.
+
+The appropriation for judicial expenses, which has heretofore been
+made for the Department of Justice in gross, was subdivided at the
+last session of Congress, and no appropriation whatever was made for
+the payment of the fees of marshals and their deputies, either in the
+service of process or for the discharge of other duties; and since
+June 30 these officers have continued the performance of their duties
+without compensation from the Government, taking upon themselves the
+necessary incidental outlays, as well as rendering their own services.
+In only a few unavoidable instances has the proper execution of the
+process of the United States failed by reason of the absence of the
+requisite appropriation. This course of official conduct on the part
+of these officers, highly creditable to their fidelity, was advised
+by the Attorney-General, who informed them, however, that they would
+necessarily have to rely for their compensation upon the prospect of
+future legislation by Congress. I therefore especially recommend that
+immediate appropriation be made by Congress for this purpose.
+
+The act making the principal appropriation for the Department of
+Justice at previous sessions has uniformly contained the following
+clause:
+
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+
+
+No appropriation was made for this purpose for the current year. As no
+general election for Members of Congress occurred, the omission was
+a matter of little practical importance. Such election will, however,
+take place during the ensuing year, and the appropriation made for
+the pay of marshals and deputies should be sufficient to embrace
+compensation for the services they may be required to perform at such
+elections.
+
+The business of the Supreme Court is at present largely in arrears.
+It can not be expected that more causes can be decided than are
+now disposed of in its annual session, or that by any assiduity the
+distinguished magistrates who compose the court can accomplish more
+than is now done. In the courts of many of the circuits also the
+business has increased to such an extent that the delay of justice
+will call the attention of Congress to an appropriate remedy. It is
+believed that all is done in each circuit which can fairly be expected
+from its judicial force. The evils arising from delay are less heavily
+felt by the United States than by private suitors, as its causes
+are advanced by the courts when it is seen that they involve the
+discussion of questions of a public character.
+
+The remedy suggested by the Attorney-General is the appointment of
+additional circuit judges and the creation of an intermediate court of
+errors and appeals, which shall relieve the Supreme Court of a part
+of its jurisdiction, while a larger force is also obtained for the
+performance of circuit duties.
+
+I commend this suggestion to the consideration of Congress. It would
+seem to afford a complete remedy, and would involve, if ten additional
+circuit judges are appointed, an expenditure, at the present rate of
+salaries, of not more than $60,000 a year, which would certainly be
+small in comparison with the objects to be attained.
+
+The report of the Postmaster-General bears testimony to the general
+revival of business throughout the country. The receipts of the
+Post-Office Department for the fiscal year ended June 30, 1879,
+were $30,041,982.86, being $764,465.91 more than the revenues of the
+preceding year. The amount realized from the sale of postage stamps,
+stamped envelopes, and postal cards was $764,465.91 more than in the
+preceding year, and $2,387,559.23 more than in 1877. The expenditures
+of the Department were $33,449,899.45, of which the sum of $376,461.63
+was paid on liabilities incurred in preceding years.
+
+The expenditures during the year were $801,209.77 less than in the
+preceding year. This reduction is to be attributed mainly to the
+operation of the law passed June 17, 1878, changing the compensation
+of postmasters from a commission on the value of stamps sold to a
+commission on stamps canceled.
+
+The amount drawn from the Treasury on appropriations, in addition to
+the revenues of the Department, was $3,031,454.96, being $2,276,197.86
+less than in the preceding year.
+
+The expenditures for the fiscal year ending June 30, 1881, are
+estimated at $39,920,900 and the receipts from all sources at
+$32,210,000, leaving a deficiency to be appropriated for out of the
+Treasury of $7,710,900.
+
+The relations of the Department with railroad companies have been
+harmonized, notwithstanding the general reduction by Congress of their
+compensation by the appropriation for special facilities, and the
+railway post-office lines have been greatly extended, especially in
+the Southern States. The interests of the Railway Mail Service and
+of the public would be greatly promoted and the expenditures could be
+more readily controlled by the classification of the employees of the
+Railway Mail Service as recommended by the Postmaster-General, the
+appropriation for salaries, with respect to which the maximum limit is
+already fixed by law, to be made in gross.
+
+The Postmaster-General recommends an amendment of the law regulating
+the increase of compensation for increased service and increased speed
+on star routes, so as to enable him to advertise for proposals for
+such increased service and speed. He also suggests the advantages to
+accrue to the commerce of the country from the enactment of a general
+law authorizing contracts with American-built steamers, carrying the
+American flag, for transporting the mail between ports of the United
+States and ports of the West Indies and South America, at a fixed
+maximum price per mile, the amount to be expended being regulated by
+annual appropriations, in like manner with the amount paid for the
+domestic star service.
+
+The arrangement made by the Postmaster-General and the Secretary of
+the Treasury for the collection of duty upon books received in
+the mail from foreign countries has proved so satisfactory in its
+practical operation that the recommendation is now made that Congress
+shall extend the provisions of the act of March 3, 1879, under which
+this arrangement was made, so as to apply to all other dutiable
+articles received in the mails from foreign countries.
+
+The reports of the Secretary of the Interior and of the Commissioner
+of Indian Affairs, setting forth the present state of our relations
+with the Indian tribes on our territory, the measures taken to advance
+their civilization and prosperity, and the progress already achieved
+by them, will be found of more than ordinary interest. The general
+conduct of our Indian population has been so satisfactory that the
+occurrence of two disturbances, which resulted in bloodshed and
+destruction of property, is all the more to be lamented.
+
+The history of the outbreak on the White River Ute Reservation, in
+western Colorado, has become so familiar by elaborate reports in the
+public press that its remarkable incidents need not be stated here
+in detail. It is expected that the settlement of this difficulty will
+lead to such arrangements as will prevent further hostile contact
+between the Indians and the border settlements in western Colorado.
+
+The other disturbance occurred at the Mescalero Agency, in New Mexico,
+where Victoria, at the head of a small band of marauders, after
+committing many atrocities, being vigorously chased by a military
+force, made his way across the Mexican border and is now on foreign
+soil.
+
+While these occurrences, in which a comparatively small number of
+Indians were engaged, are most deplorable, a vast majority of our
+Indian population have fully justified the expectations of those who
+believe that by humane and peaceful influences the Indian can be led
+to abandon the habits of savage life and to develop a capacity for
+useful and civilized occupations. What they have already accomplished
+in the pursuit of agricultural and mechanical work, the remarkable
+success which has attended the experiment of employing as freighters
+a class of Indians hitherto counted among the wildest and most
+intractable, and the general and urgent desire expressed by them for
+the education of their children may be taken as sufficient proof that
+they will be found capable of accomplishing much more if they continue
+to be wisely and fairly guided. The "Indian policy" sketched in the
+report of the Secretary of the Interior, the object of which is to
+make liberal provision for the education of Indian youth, to settle
+the Indians upon farm lots in severalty, to give them title in fee to
+their farms, inalienable for a certain number of years, and when their
+wants are thus provided for to dispose by sale of the lands on their
+reservations not occupied and used by them, a fund to be formed out
+of the proceeds for the benefit of the Indians, which will gradually
+relieve the Government of the expenses now provided for by annual
+appropriations, must commend itself as just and beneficial to the
+Indians, and as also calculated to remove those obstructions which
+the existence of large reservations presents to the settlement and
+development of the country. I therefore earnestly recommend the
+enactment of a law enabling the Government to give Indians a title in
+fee, inalienable for twenty-five years, to the farm lands assigned to
+them by allotment. I also repeat the recommendation made in my first
+annual message, that a law be passed admitting Indians who can give
+satisfactory proof of having by their own labor supported their
+families for a number of years, and who are willing to detach
+themselves from their tribal relations, to the benefit of the
+homestead act, and to grant them patents containing the same provision
+of inalienability for a certain period.
+
+The experiment of sending a number of Indian children of both sexes to
+the Hampton Normal and Agricultural Institute, in Virginia, to receive
+an elementary English education and practical instruction in farming
+and other useful industries, has led to results so promising that it
+was thought expedient to turn over the cavalry barracks at Carlisle,
+in Pennsylvania, to the Interior Department for the establishment of
+an Indian school on a larger scale. This school has now 158 pupils,
+selected from various tribes, and is in full operation. Arrangements
+are also made for the education of a number of Indian boys and girls
+belonging to tribes on the Pacific Slope in a similar manner, at
+Forest Grove, in Oregon. These institutions will commend themselves to
+the liberality of Congress and to the philanthropic munificence of the
+American people.
+
+Last spring information was received of the organization of an
+extensive movement in the Western States, the object of which was
+the occupation by unauthorized persons of certain lands in the Indian
+Territory ceded by the Cherokees to the Government for the purpose of
+settlement by other Indian tribes.
+
+On the 26th of April I issued a proclamation[40] warning all persons
+against participation in such an attempt, and by the cooperation of a
+military force the invasion was promptly checked. It is my purpose to
+protect the rights of the Indian inhabitants of that Territory to the
+full extent of the executive power; but it would be unwise to ignore
+the fact that a territory so large and so fertile, with a population
+so sparse and with so great a wealth of unused resources, will be
+found more exposed to the repetition of such attempts as happened
+this year when the surrounding States are more densely settled and the
+westward movement of our population looks still more eagerly for
+fresh lands to occupy. Under such circumstances the difficulty of
+maintaining the Indian Territory in its present state will greatly
+increase, and the Indian tribes inhabiting it would do well to prepare
+for such a contingency. I therefore fully approve of the advice given
+to them by the Secretary of the Interior on a recent occasion, to
+divide among themselves in severalty as large a quantity of their
+lands as they can cultivate; to acquire individual title in fee
+instead of their present tribal ownership in common, and to consider
+in what manner the balance of their lands may be disposed of by the
+Government for their benefit. By adopting such a policy they would
+more certainly secure for themselves the value of their possessions,
+and at the same time promote their progress in civilization and
+prosperity, than by endeavoring to perpetuate the present state of
+things in the Territory.
+
+The question whether a change in the control of the Indian service
+should be made was in the Forty-fifth Congress referred to a joint
+committee of both Houses for inquiry and report. In my last annual
+message I expressed the hope that the decision of that question, then
+in prospect, would "arrest further agitation of this subject, such
+agitation being apt to produce a disturbing effect upon the service as
+well as on the Indians themselves." Since then, the committee having
+reported, the question has been decided in the negative by a vote in
+the House of Representatives.
+
+For the reasons here stated, and in view of the fact that further
+uncertainty on this point will be calculated to obstruct other
+much-needed legislation, to weaken the discipline of the service, and
+to unsettle salutary measures now in progress for the government and
+improvement of the Indians, I respectfully recommend that the decision
+arrived at by Congress at its last session be permitted to stand.
+
+The efforts made by the Department of the Interior to arrest the
+depredations on the timber lands of the United States have been
+continued, and have met with considerable success. A large number of
+cases of trespass have been prosecuted in the courts of the United
+States; others have been settled, the trespassers offering to make
+payment to the Government for the value of the timber taken by them.
+The proceeds of these prosecutions and settlements turned into the
+Treasury far exceed in amount the sums appropriated by Congress for
+this purpose. A more important result, however, consists in the fact
+that the destruction of our public forests by depredation, although
+such cases still occur, has been greatly reduced in extent, and it
+is probable that if the present policy is vigorously pursued and
+sufficient provision to that end is made by Congress such trespasses,
+at least those on a large scale, can be entirely suppressed, except
+in the Territories, where timber for the daily requirements of the
+population can not, under the present state of the law, be otherwise
+obtained. I therefore earnestly invite the attention of Congress to
+the recommendation made by the Secretary of the Interior, that a law
+be enacted enabling the Government to sell timber from the public
+lands without conveying the fee, where such lands are principally
+valuable for the timber thereon, such sales to be so regulated as to
+conform to domestic wants and business requirements, while at the
+same time guarding against a sweeping destruction of the forests. The
+enactment of such a law appears to become a more pressing necessity
+every day.
+
+My recommendations in former messages are renewed in favor of
+enlarging the facilities of the Department of Agriculture. Agriculture
+is the leading interest and the permanent industry of our people. It
+is to the abundance of agricultural production, as compared with our
+home consumption, and the largely increased and highly profitable
+market abroad which we have enjoyed in recent years, that we are
+mainly indebted for our present prosperity as a people. We must look
+for its continued maintenance to the same substantial resource.
+There is no branch of industry in which labor, directed by scientific
+knowledge, yields such increased production in comparison with
+unskilled labor, and no branch of the public service to which the
+encouragement of liberal appropriations can be more appropriately
+extended. The omission to render such aid is not a wise economy,
+but, on the contrary, undoubtedly results in losses of immense sums
+annually that might be saved through well-directed efforts by the
+Government to promote this vital interest.
+
+The results already accomplished with the very limited means
+heretofore placed at the command of the Department of Agriculture is
+an earnest of what may be expected with increased appropriations for
+the several purposes indicated in the report of the Commissioner, with
+a view to placing the Department upon a footing which will enable it
+to prosecute more effectively the objects for which it is established.
+
+Appropriations are needed for a more complete laboratory, for the
+establishment of a veterinary division and a division of forestry, and
+for an increase of force.
+
+The requirements for these and other purposes, indicated in the report
+of the Commissioner under the head of the immediate necessities of the
+Department, will not involve any expenditure of money that the country
+can not with propriety now undertake in the interests of agriculture.
+
+It is gratifying to learn from the Bureau of Education the extent to
+which educational privileges throughout the United States have been
+advanced during the year. No more fundamental responsibility rests
+upon Congress than that of devising appropriate measures of financial
+aid to education, supplemental to local action in the States and
+Territories and in the District of Columbia. The wise forethought of
+the founders of our Government has not only furnished the basis for
+the support of the common-school systems of the newer States, but laid
+the foundations for the maintenance of their universities and colleges
+of agriculture and the mechanic arts. Measures in accordance with this
+traditional policy, for the further benefit of all these interests and
+the extension of the same advantages to every portion of the country,
+it is hoped will receive your favorable consideration.
+
+To preserve and perpetuate the national literature should be among the
+foremost cares of the National Legislature. The library gathered at
+the Capitol still remains unprovided with any suitable accommodations
+for its rapidly increasing stores. The magnitude and importance of the
+collection, increased as it is by the deposits made under the law of
+copyright, by domestic and foreign exchanges, and by the scientific
+library of the Smithsonian Institution, call for building
+accommodations which shall be at once adequate and fireproof. The
+location of such a public building, which should provide for the
+pressing necessities of the present and for the vast increase of the
+nation's books in the future, is a matter which addresses itself to
+the discretion of Congress. It is earnestly recommended as a measure
+which should unite all suffrages and which should no longer be
+delayed.
+
+The joint commission created by the act of Congress of August 2, 1876,
+for the purpose of supervising and directing the completion of the
+Washington National Monument, of which commission the President is a
+member, has given careful attention to this subject, and already the
+strengthening of the foundation has so far progressed as to insure the
+entire success of this part of the work. A massive layer of masonry
+has been introduced below the original foundation, widening the base,
+increasing the stability of the structure, and rendering it possible
+to carry the shaft to completion. It is earnestly recommended that
+such further appropriations be made for the continued prosecution
+of the work as may be necessary for the completion of this national
+monument at an early day.
+
+In former messages, impressed with the importance of the subject,
+I have taken occasion to commend to Congress the adoption of a
+generous policy toward the District of Columbia. The report of
+the Commissioners of the District, herewith transmitted, contains
+suggestions and recommendations, to all of which I earnestly invite
+your careful attention. I ask your early and favorable consideration
+of the views which they express as to the urgent need of legislation
+for the reclamation of the marshes of the Potomac and its Eastern
+Branch within the limits of the city, and for the repair of the
+streets of the capital, heretofore laid with wooden blocks and now by
+decay rendered almost impassable and a source of imminent danger
+to the health of its citizens. The means at the disposal of the
+Commissioners are wholly inadequate for the accomplishment of these
+important works, and should be supplemented by timely appropriations
+from the Federal Treasury.
+
+The filling of the flats in front of the city will add to the adjacent
+lands and parks now owned by the United States a large and valuable
+domain, sufficient, it is thought, to reimburse its entire cost, and
+will also, as an incidental result, secure the permanent improvement
+of the river for the purposes of navigation.
+
+The Constitution having invested Congress with supreme and exclusive
+jurisdiction over the District of Columbia, its citizens must of
+necessity look to Congress alone for all needful legislation affecting
+their interests; and as the territory of this District is the common
+property of the people of the United States, who equally with its
+resident citizens are interested in the prosperity of their capital,
+I can not doubt that you will be amply sustained by the general voice
+of the country in any measures you may adopt for this purpose.
+
+I also invite the favorable consideration of Congress to the wants of
+the public schools of this District, as exhibited in the report of the
+Commissioners. While the number of pupils is rapidly increasing,
+no adequate provision exists for a corresponding increase of school
+accommodation, and the Commissioners are without the means to meet
+this urgent need. A number of the buildings now used for school
+purposes are rented, and are in important particulars unsuited for the
+purpose. The cause of popular education in the District of Columbia is
+surely entitled to the same consideration at the hands of the
+National Government as in the several States and Territories, to which
+munificent grants of the public lands have been made for the endowment
+of schools and universities.
+
+RUTHERFORD B. HAYES.
+
+[Footnote 40: See pp. 547-548.]
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _December 19, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a draft of a bill submitted
+by the Board of Commissioners of the District of Columbia, entitled
+"A bill to provide for the reclamation of the marshes in the harbors
+of the cities of Washington and Georgetown, and for other purposes,"
+together with the accompanying letter of the president of the board
+requesting its transmission to Congress.
+
+The bill embraces a plan for the reclamation of the marshes of the
+Potomac River and its Eastern Branch within the limits of the city
+of Washington, and is carefully framed with a view to economy in the
+prosecution of the work. The attention of Congress is again invited to
+the urgent need of legislation for this important work, which has been
+so long delayed.
+
+The improvement contemplated is essential to the health of those who
+reside, whether permanently or temporarily, at the capital, and to
+the safe and convenient navigation of the waters in its vicinity by
+vessels employed in the service of the Government and for the purposes
+of commerce. It is a measure of more than local benefit. The capital
+of the nation should be relieved from every disadvantage which it is
+practicable to remove, and should possess every attraction with which
+it can be invested by the intelligent and fostering care of those
+who are intrusted with its immediate supervision. The people of the
+country will sustain and approve the efforts of their representatives
+in the discharge of this responsibility.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 7, 1880_.
+
+_To the Senate of the United States_:
+
+In reply to a resolution of the Senate of December 3, 1879, requesting
+the President of the United States to inform the Senate whether
+payments have been made to the Ute Indians in accordance with the
+fourth article of an agreement made with said Indians September 3,
+1873, I transmit herewith a letter from the Secretary of the Interior
+and accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _January 12, 1880_.
+
+_To the House of Representatives_:
+
+In answer to resolution of the House of Representatives of the 3d
+of December, 1879, relative to the consulate at Hongkong, I transmit
+herewith a report from the Secretary of State, with its accompanying
+papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 14, 1880_.
+
+_To the House of Representatives_:
+
+I have the honor herewith to transmit the final report of the board
+for testing iron, steel, and other metals, with the accompanying
+papers. These papers constitute the remainder of the reports made
+by the board, which were transmitted by me to the House of
+Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,
+Forty-fifth Congress, second session).
+
+The United States testing machine at Watertown Arsenal, constructed
+for the board, is reported as being of great value in the
+determination of data and the solution of problems of interest to the
+people of the whole country, and the special attention of Congress
+is called to the necessity of an appropriation to enable the War
+Department to make use of it. An estimate of $20,000 for the purpose
+was submitted to Congress in the last Book of Estimates (see p. 82),
+and an appropriation of that sum is respectfully recommended.
+
+The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),
+made an appropriation for completing the experiments in testing
+iron, steel, and other metals, and provided that the board should
+be discontinued from and after the expenditure of the amount
+appropriated. In accordance with this legislation, the board ceased to
+exist on the 30th of June, 1879.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 21, 1880_.
+
+_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 French Republic for the settlement of certain claims of the
+citizens of either country against the other.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 26, 1880_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 21st
+instant, requesting the Commissioner of Agriculture to furnish all
+information which he may have in his possession bearing upon the
+culture of the sugar beet, etc., the accompanying letter and report,
+received from the Acting Commissioner of Agriculture for this purpose,
+are herewith transmitted.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 5, 1880_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 3d
+instant, requesting the Commissioner of Agriculture to forward any
+facts or statistics in his office on the subject of forestry not
+heretofore published from his Department, the following report,
+received from the Commissioner, upon this subject is hereby
+transmitted.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 16, 1880_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 5th instant, calling for any information which I may have received
+of the proceedings of the International Polar Congress convened in
+Hamburg, Germany, October 1, 1879, I transmit herewith a report from
+the Secretary of State on the subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 16, 1880_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th of
+January, 1880, calling for information in relation to claims before
+the American-Spanish Claims Commission and the proceedings of the
+commission, I transmit herewith a report from the Secretary of State
+upon the subject.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 24, 1880_.
+
+_To the House of Representatives_:
+
+I herewith transmit a communication from the Attorney-General, with
+reference to the requisite appropriation for the current fiscal year
+for the compensation, of the marshals of the United States, including
+their reimbursement for necessary expenditures in the discharge of
+their official duties.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 25, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a preliminary report and a draft
+of a bill submitted by the Public Lands Commission authorized by the
+act of Congress approved March 3, 1879.
+
+The object of the report and of the bill accompanying it is of such
+importance that I respectfully commend it to the prompt and earnest
+consideration of Congress.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 27, 1880_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th ultimo,
+I transmit herewith a report from the Secretary of State, with
+its papers, relating to the claim of Max. Bromberger against the
+Government of Mexico.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 27, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a view
+to ratification, a treaty between the Government of the United
+States and His Highness Sultan Abdallah, King of Johanna, concerning
+commercial intercourse with that independent East African island,
+concluded at Johanna Town on the 4th day of October, 1879.
+
+For your better understanding of the subject, I transmit also the
+correspondence of Commodore Shufeldt with the Navy Department, which
+accompanied the treaty, describing the condition and resources of the
+island of Johanna and narrating the progress of the negotiation, which
+was undertaken under the general instructions of the Department of
+State.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 1, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I deem it proper to invite the attention of Congress to the subject of
+the unsettled claims of Spanish inhabitants of East Florida during the
+years of 1812 and 1813, generally known as the "East Florida claims,"
+the settlement of which is provided for by a stipulation found in
+Article IX of the treaty of February, 1819, between the United States
+and Spain. The provision of the treaty in question which relates to
+the subject is the following:
+
+ The United States will cause satisfaction to be made for the
+ injuries, if any, which by process of law shall be established
+ to have been suffered by the Spanish officers and individual
+ Spanish inhabitants by the late operations of the American
+ army in Florida.
+
+
+The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at
+Large, p. 768), to carry into effect the ninth article of the treaty
+in question, provided for the examination and judicial ascertainment
+of the claims by the judges of the superior courts established at St.
+Augustine and Pensacola, and also made provision for the payment by
+the Secretary of the Treasury of such claims as might be reported to
+him by the said judges, upon his being satisfied that such claims were
+just and equitable; and a subsequent act, approved the 26th of June,
+1834 (6 U.S. Statutes at Large, p. 569), gave further directions for
+the payment, and also provided for the hearing and determination by
+the judge of the superior court of St. Augustine of such claims as
+had not then been already heard and determined. Under these acts
+of Congress I understand that all claims presented to the judges in
+Florida were passed upon and the result of the proceedings thus had
+reported to the Secretary of the Treasury. It also appears that in
+the computation of damages the judges adopted a rule of 5 per cent per
+annum on the ascertained actual loss from the date of that loss to the
+time of the rendition of their finding, and that the Secretary of the
+Treasury in 1836, when the first reports were presented to him, not
+deeming this portion of the claims covered by the 5 per cent rule
+just and equitable within the meaning of the treaty and the acts of
+Congress, refused to pay it, but did continue to pay the ascertained
+amounts of actual loss. The demand for payment of this rejected
+item has been pressed at various times and in various ways up to the
+present time, but Mr. Woodbury's successors in the Treasury Department
+have not felt at liberty to review that ruling.
+
+Under these circumstances I have thought it proper to lay the subject
+before Congress for its consideration and such action as may be deemed
+necessary. The history of the proceedings already had in regard to the
+matter is of record in the Treasury Department, and will be furnished
+by the Secretary of the Treasury should Congress desire it.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 8, 1880_.
+
+_To the Senate_:
+
+I transmit herewith the report of the Secretary of State and the
+accompanying papers, in response to the resolution adopted by the
+Senate on the 11th day of February last, requesting copies of all
+correspondence between this Government and any foreign government
+since February, 1869, respecting a ship canal across the isthmus
+between North America and South America, together with copies of any
+_projet_ of treaties respecting the same which the Department of State
+may have proposed or submitted since that date to any foreign power or
+its diplomatic representative.
+
+In further compliance with the resolution of the Senate, I deem it
+proper to state briefly my opinion as to the policy of the United
+States with respect to the construction of an interoceanic canal by
+any route across the American Isthmus.
+
+The policy of this country is a canal under American control. The
+United States can not consent to the surrender of this control to any
+European power or to any combination of European powers. If existing
+treaties between the United States and other nations or if the rights
+of sovereignty or property of other nations stand in the way of this
+policy--a contingency which is not apprehended--suitable steps should
+be taken by just and liberal negotiations to promote and establish the
+American policy on this subject consistently with the rights of the
+nations to be affected by it.
+
+The capital invested by corporations or citizens of other countries in
+such an enterprise must in a great degree look for protection to
+one or more of the great powers of the world. No European power
+can intervene for such protection without adopting measures on this
+continent which the United States would deem wholly inadmissible. If
+the protection of the United States is relied upon, the United States
+must exercise such control as will enable this country to protect
+its national interests and maintain the rights of those whose private
+capital is embarked in the work.
+
+An interoceanic canal across the American Isthmus will essentially
+change the geographical relations between the Atlantic and Pacific
+coasts of the United States and between the United States and the rest
+of the world. It would be the great ocean thoroughfare between our
+Atlantic and our Pacific shores, and virtually a part of the coast
+line of the United States. Our merely commercial interest in it is
+greater than that of all other countries, while its relations to our
+power and prosperity as a nation, to our means of defense, our unity,
+peace, and safety, are matters of paramount concern to the people
+of the United States. No other great power would under similar
+circumstances fail to assert a rightful control over a work so closely
+and vitally affecting its interest and welfare.
+
+Without urging further the grounds of my opinion, I repeat, in
+conclusion, that it is the right and the duty of the United States
+to assert and maintain such supervision and authority over any
+interoceanic canal across the isthmus that connects North and South
+America as will protect our national interests. This, I am quite sure,
+will be found not only compatible with but promotive of the widest and
+most permanent advantage to commerce and civilization.
+
+RUTHERFORD B. HAYES.
+
+[A similar message was sent to the House of Representatives, in answer
+to a resolution of that body of February 10.]
+
+
+
+EXECUTIVE MANSION, _March 9, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a report from the Secretary
+of the Interior, containing an agreement signed by the chiefs and
+headmen of the Ute Indians now present at the seat of Government. The
+stipulations of this agreement appear to me so reasonable and just and
+the object to be accomplished by its execution so eminently desirable
+to both the white people of the United States and the Indians that it
+has my cordial approval, and I earnestly commend it to Congress for
+favorable consideration and appropriate legislative action.
+
+RUTHERFORD B. HAYES.
+
+
+
+WASHINGTON, _March 9, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a
+view to ratification, a convention between the United States and His
+Majesty the King of the Belgians, defining the rights, immunities, and
+privileges of consular officers, concluded this day at Washington.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 9, 1880_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report, dated on the 9th instant, from the
+Secretary of State, with the accompanying papers, in answer to
+a resolution of the House of Representatives of the 25th ultimo,
+requesting the President to transmit to that body, if not deemed
+incompatible with the public interest, copies of such dispatches
+as have recently been received by the Secretary of State from the
+consul-general at Shanghai upon the subject of slavery in China and
+those portions of the penal code of China which forbid expatriation.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 12, 1880_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of March 2,
+1880, requesting the Secretary of State to communicate to the House
+certain information in relation to the publication and circulation of
+commercial reports, I transmit herewith a report from the Secretary of
+State, with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 29, 1880_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 29th of
+January, 1880, calling for information in relation to the awards of
+the mixed commission organized under the provisions of the treaty of
+April 25, 1866, between the United States and Venezuela, I transmit
+herewith a report from the Secretary of State upon the subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _April 12, 1880_.
+
+_To the House of Representatives_:
+
+In response to the resolution of the House of Representatives of the
+12th of February last, on the subject of negotiations concerning the
+immigration of Chinese to the United States, I transmit a report of
+the Secretary of State, to whom the matter was referred.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _April 15, 1880_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of the 27th of February
+last, concerning the action had by the Executive with respect to the
+investigation of certain cases in which awards were made by the late
+United States and Mexican Commission, I transmit herewith a report of
+the Secretary of State, to whom the matter was referred.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, D.C., April 16, 1880_.
+
+_To the House of Representatives_:
+
+The board for testing iron, steel, and other metals, appointed under
+the authority of "An act making appropriations for sundry civil
+expenses of the Government for the fiscal year ending June 30, 1876,
+and for other purposes," contracted with Mr. A.H. Emery, of New York,
+for a testing machine, to be paid out of the appropriation made for
+the purpose. That machine has been completed and accepted, and is now
+in position at the Watertown Arsenal, Mass. It is spoken of by the
+members composing the late board as the most perfect and reliable
+machine in the world, embodying new mechanical principles and
+combinations not heretofore used in any other constructions.
+
+In designing, perfecting, and making this machine the contractor
+has expended large sums of money over and above the contract
+price, besides giving years of labor, for which he has received no
+compensation. He now appeals to Congress for relief, and the papers
+herewith exhibit a case that calls for Congressional action. It is
+respectfully submitted to the House of Representatives, recommending
+speedy and favorable consideration.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _April 22, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to inform Congress that Mr. J. Randolph Coolidge,
+Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
+Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,
+jr., desire to present to the United States the desk on which the
+Declaration of Independence was written. It bears the following
+inscription in the handwriting of Thomas Jefferson:
+
+ Thomas Jefferson gives this writing desk to Joseph Coolidge,
+ jr., as a memorial of his affection. It was made from
+ a drawing of his own, by Ben. Randall, cabinetmaker of
+ Philadelphia, with whom he first lodged on his arrival in that
+ city in May, 1776, and is the identical one on which he wrote
+ the Declaration of Independence.
+
+ Politics, as well as religion, has its superstitions. These,
+ gaining strength with time, may one day give imaginary value
+ to this relic for its association with the birth of the great
+ charter of our independence.
+
+ Monticello, _November 18, 1825_.
+
+
+The desk was placed in my possession by Hon. Robert C. Winthrop, and
+is herewith transmitted to Congress with the letter of Mr. Winthrop
+expressing the wish of the donors "to offer it to the United States,
+so that it may henceforth have a place in the Department of State in
+connection with the immortal instrument which was written upon it in
+1776."
+
+I respectfully recommend that such action be taken by Congress as
+may be deemed appropriate with reference to a gift to the nation
+so precious in its history and for the memorable associations which
+belong to it.
+
+RUTHERFORD B. HAYES.
+
+
+
+WASHINGTON, D.C., _April 14, 1880_.
+
+His Excellency RUTHERFORD B. HAYES,
+ _President of the United States_.
+
+MY DEAR SIR: I have been privileged to bring with me from Boston, as a
+present to the United States, a very precious historical relic. It is
+the little desk on which Mr. Jefferson wrote the original draft of the
+Declaration of Independence.
+
+This desk was given by Mr. Jefferson himself to my friend, the late
+Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's
+granddaughter, Miss Randolph, and it bears an autograph inscription
+of singular interest, written by the illustrious author of the
+Declaration in the very last year of his life.
+
+On the recent death of Mr. Coolidge, whose wife had died a year or
+two previously, the desk became the property of their children, Mr.
+J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson
+Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to
+the United States, so that it may henceforth have a place in the
+Department of State in connection with the immortal instrument which
+was written upon it in 1776.
+
+They have done me the honor to make me the medium of this
+distinguished gift, and I ask permission to place it in the hands of
+the Chief Magistrate of the nation in their name and at their request.
+
+Believe me, dear Mr. President, with the highest respect, very
+faithfully, your obedient servant,
+
+ROBT. C. WINTHROP.
+
+
+
+WASHINGTON, _May 13, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, in response to their resolution of
+the 24th of March last, in relation to the fulfillment of the ninth
+article of the treaty of 1819 between the United States and Spain, a
+report of the Secretary of State on the correspondence asked for by
+the resolution, with its accompanying documents, and in connection
+therewith a previous report from the Secretary of State and an opinion
+of the Attorney-General on the subject of the East Florida claims.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 17, 1880_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+the 27th ultimo, calling for copies of the correspondence with the
+Government of Great Britain in regard to the alleged outrage upon
+American fishermen at Fortune Bay, in the Province of Newfoundland,
+I transmit herewith the correspondence called for and a report from
+the Secretary of State on the subject.
+
+In transmitting this correspondence and the report I respectfully
+ask the immediate and careful attention of Congress to the failure
+of accord between the two Governments as to the interpretation and
+execution of the fishery articles of the treaty of Washington, as
+disclosed in this correspondence and elucidated by the exposition of
+the subject by the Secretary of State.
+
+I concur in the opinions of this report as to the measures proper to
+be taken by this Government in maintenance of the rights accorded to
+our fishermen by the British concession of the treaty and in providing
+for suitable action toward securing an indemnity for the injury these
+interests have already suffered.
+
+Accordingly, I recommend to Congress the adoption of these measures,
+with such attendant details of legislation as in the wisdom of
+Congress shall seem expedient.
+
+R.B. HAYES.
+
+[The same message was sent to the Senate, in answer to a resolution of
+that body of April 28.]
+
+
+
+WASHINGTON, _May 24, 1880_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, the accompanying convention for the extradition of
+criminals, concluded between the United States and the Government of
+His Majesty the King of the Netherlands on the 22d instant.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _May 25, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a communication from the
+Secretary of the Interior, with reference to the agreement made with
+the chiefs of the Ute Indians recently in Washington, a copy of which
+was submitted to Congress on the 9th of March last.
+
+The special and immediate attention of Congress to the imminent danger
+attending the postponement of appropriate legislation to carry into
+effect the stipulations of this agreement is earnestly solicited.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 5, 1880_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 31st ultimo,
+requesting the President "to communicate to the Senate whether any
+supervisor or supervisors of the census appointed by and with the
+advice and consent of the Senate have been removed from office by
+him or with his consent," etc., I transmit herewith a report from the
+Secretary of the Interior.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _May 4, 1880_.
+
+_To the House of Representatives_:
+
+After mature consideration of the bill entitled "An act making
+appropriations to supply certain deficiencies in the appropriations
+for the service of the Government for the fiscal year ending June
+30, 1880, and for other purposes," I return it to the House of
+Representatives, in which it originated, with my objections to its
+passage.
+
+The bill appropriates about $8,000,000, of which over $600,000 is for
+the payment of the fees of United States marshals and of the general
+and special deputy marshals earned during the current fiscal year,
+and their incidental expenses. The appropriations made in the bill are
+needed to carry on the operations of the Government and to fulfill its
+obligations for the payment of money long since due to its officers
+for services and expenses essential to the execution of their
+duties under the laws of the United States. The necessity for these
+appropriations is so urgent and they have been already so long
+delayed that if the bill before me contained no permanent or general
+legislation unconnected with these appropriations it would receive
+my prompt approval. It contains, however, provisions which materially
+change, and by implication repeal, important parts of the laws for the
+regulation of the United States elections. These laws have for several
+years past been the subject of vehement political controversy, and
+have been denounced as unnecessary, oppressive, and unconstitutional.
+On the other hand, it has been maintained with equal zeal and
+earnestness that the election laws are indispensable to fair and
+lawful elections, and are clearly warranted by the Constitution.
+Under these circumstances, to attempt in an appropriation bill the
+modification or repeal of these laws is to annex a condition to the
+passage of needed and proper appropriations, which tends to deprive
+the Executive of that equal and independent exercise of discretion and
+judgment which the Constitution contemplates.
+
+The objection to the bill, therefore, to which I respectfully ask your
+attention is that it gives a marked and deliberate sanction, attended
+by no circumstances of pressing necessity, to the questionable and,
+as I am clearly of opinion, the dangerous practice of tacking upon
+appropriation bills general and permanent legislation. This practice
+opens a wide door to hasty, inconsiderate, and sinister legislation.
+It invites attacks upon the independence and constitutional powers of
+the Executive by providing an easy and effective way of constraining
+Executive discretion. Although of late this practice has been resorted
+to by all political parties when clothed with power, it did not
+prevail until forty years after the adoption of the Constitution, and
+it is confidently believed that it is condemned by the enlightened
+judgment of the country. The States which have adopted new
+constitutions during the last quarter of a century have generally
+provided remedies for the evil. Many of them have enacted that no law
+shall contain more than one subject, which shall be plainly expressed
+in its title. The constitutions of more than half of the States
+contain substantially this provision, or some other of like intent and
+meaning. The public welfare will be promoted in many ways by a return
+to the early practice of the Government and to the true rule of
+legislation, which is that every measure should stand upon its own
+merits.
+
+I am firmly convinced that appropriation bills ought not to contain
+any legislation not relevant to the application or expenditure of the
+money thereby appropriated, and that by a strict adherence to this
+principle an important and much needed reform will be accomplished.
+
+Placing my objection to the bill on this feature of its frame,
+I forbear any comment upon the important general and permanent
+legislation which it contains, as matter for specific and independent
+consideration.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 15, 1880_.
+
+_To the Senate of the United States_:
+
+After mature consideration of the bill entitled "An act regulating the
+pay and appointment of deputy marshals," I am constrained to withhold
+from it my approval, and to return it to the Senate, in which it
+originated, with my objections to its passage.
+
+The laws now in force on the subject of the bill before me are
+contained in the following sections of the Revised Statutes:
+
+ SEC. 2021. Whenever an election at which Representatives or
+ Delegates in Congress are to be chosen is held in any city
+ or town of 20,000 inhabitants or upward, the marshal for the
+ district in which the city or town is situated shall, on the
+ application in writing of at least two citizens residing in
+ such city or town, appoint special deputy marshals, whose
+ duty it shall be, when required thereto, to aid and assist
+ the supervisors of election in the verification of any list
+ of persons who may have registered or voted; to attend in each
+ election district or voting precinct at the times and places
+ fixed for the registration of voters, and at all times
+ or places when and where the registration may by law be
+ scrutinized and the names of registered voters be marked
+ for challenge; and also to attend, at all times for holding
+ elections, the polls in such district or precinct.
+
+ SEC. 2022. The marshal and his general deputies, and such
+ special deputies, shall keep the peace and support and protect
+ the supervisors of election in the discharge of their duties,
+ preserve order at such places of registration and at such
+ polls, prevent fraudulent registration and fraudulent voting
+ thereat, or fraudulent conduct on the part of any officer of
+ election, and immediately, either at the place of registration
+ or polling place, or elsewhere, and either before or after
+ registering or voting, to arrest and take into custody, with
+ or without process, any person who commits, or attempts or
+ offers to commit, any of the acts or offenses prohibited
+ herein, or who commits any offense against the laws of the
+ United States; but no person shall be arrested without process
+ for any offense not committed in the presence of the marshal
+ or his general or special deputies, or either of them, or of
+ the supervisors of election, or either of them; and for
+ the purposes of arrest or the preservation of the peace the
+ supervisors of election shall, in the absence of the marshal's
+ deputies, or if required to assist such deputies, have the
+ same duties and powers as deputy marshals; nor shall any
+ person, on the day of such election, be arrested without
+ process for any offense committed on the day of registration.
+
+ SEC. 2023. Whenever any arrest is made under any provision of
+ this title, the person so arrested shall forthwith be brought
+ before a commissioner, judge, or court of the United States
+ for examination of the offenses alleged against him; and such
+ commissioner, judge, or court shall proceed in respect thereto
+ as authorized by law in case of crimes against the United
+ States.
+
+ SEC. 2024. The marshal or his general deputies, or such
+ special deputies as are thereto specially empowered by him in
+ writing, and under his hand and seal, whenever he or either
+ or any of them is forcibly resisted in executing their duties
+ under this title, or shall by violence, threats, or menaces
+ be prevented from executing such duties or from arresting any
+ person who has committed any offense for which the marshal
+ or his general or his special deputies are authorized to make
+ such arrest, are, and each of them is, empowered to summon
+ and call to his aid the bystanders or _posse comitatus_ of his
+ district.
+
+ SEC. 2028. No person shall be appointed a supervisor of
+ election or a deputy marshal under the preceding provisions
+ who is not at the time of his appointment a qualified voter of
+ the city, town, county, parish, election district, or voting
+ precinct in which his duties are to be performed.
+
+ SEC. 5521. If any person be appointed a supervisor of election
+ or a special deputy marshal under the provisions of title "The
+ elective franchise," and has taken the oath of office as such
+ supervisor of election or such special deputy marshal, and
+ thereafter neglects or refuses, without good and lawful
+ excuse, to perform and discharge fully the duties,
+ obligations, and requirements of such office until the
+ expiration of the term for which he was appointed, he shall
+ not only be subject to removal from office with loss of all
+ pay or emoluments, but shall be punished by imprisonment for
+ not less than six months nor more than one year, or by a fine
+ of not less than $200 and not more than $500, or by both fine
+ and imprisonment, and shall pay the costs of prosecution.
+
+ SEC. 5522. Every person, whether with or without any
+ authority, power, or process, or pretended authority, power,
+ or process, of any State, Territory, or municipality, who
+ obstructs, hinders, assaults, or by bribery, solicitation,
+ or otherwise interferes with or prevents the supervisors of
+ election, or either of them, or the marshal or his general or
+ special deputies, or either of them, in the performance of any
+ duty required of them, or either of them, or which he or they,
+ or either of them, may be authorized to perform by any law of
+ the United States, in the execution of process or otherwise,
+ or who by any of the means before mentioned hinders or
+ prevents the free attendance and presence at such places of
+ registration, or at such polls of election, or full and free
+ access and egress to and from any such place of registration
+ or poll of election, or in going to and from any such place
+ of registration or poll of election, or to and from any room
+ where any such registration or election or canvass of votes,
+ or of making any returns or certificates thereof, may be had,
+ or who molests, interferes with, removes, or ejects from
+ any such place of registration or poll of election, or
+ of canvassing votes cast thereat, or of making returns or
+ certificates thereof, any supervisor of election, the marshal
+ or his general or special deputies, or either of them, or
+ who threatens, or attempts or offers so to do, or refuses or
+ neglects to aid and assist any supervisor of election, or the
+ marshal or his general or special deputies, or either of them,
+ in the performance of his or their duties, when required
+ by him or them, or either of them, to give such aid and
+ assistance, shall be liable to instant arrest without process,
+ and shall be punished by imprisonment not more than two years,
+ or by a fine of not more than $3,000, or by both such fine and
+ imprisonment, and shall pay the cost of the prosecution.
+
+
+The Supreme Court of the United States, in the recent case of _Ex
+parte_ Siebold and others, decided at the October term, 1879, on
+the question raised in the case as to the constitutionality of the
+sections of the Revised Statutes above quoted, uses the following
+language:
+
+ These portions of the Revised Statutes are taken from the act
+ commonly known as the enforcement act, approved May 31, 1870,
+ and entitled "An act to enforce the right of citizens of the
+ United States to vote in the several States of this Union,
+ and for other purposes," and from the supplement to that
+ act, approved February 28, 1871. They relate to elections of
+ members of the House of Representatives, and were an assertion
+ on the part of Congress of a power to pass laws for regulating
+ and superintending said elections and for securing the purity
+ thereof and the rights of citizens to vote thereat peaceably
+ and without molestation.
+
+ It must be conceded to be a most important power, and of a
+ fundamental character. In the light of recent history and of
+ the violence, fraud, corruption, and irregularity which have
+ frequently prevailed at such elections, it may easily be
+ conceived that the exertion of the power, if it exists, may be
+ necessary to the stability of our form of government.
+
+ The greatest difficulty in coming to a just conclusion arises
+ from mistaken notions with regard to the relations which
+ subsist between the State and National Governments. * * *
+
+ It seems to be often overlooked that a national constitution
+ has been adopted in this country, establishing a real
+ government therein, operating upon persons and territory and
+ things, and which, moreover, is, or should be, as dear to
+ every American citizen as his State government is. Whenever
+ the true conception of the nature of this Government is
+ once conceded, no real difficulty will arise in the just
+ interpretation of its powers; but if we allow ourselves to
+ regard it as a hostile organization, opposed to the proper
+ sovereignty and dignity of the State governments, we shall
+ continue to be vexed with difficulties as to its jurisdiction
+ and authority. No greater jealousy is required to be exercised
+ toward this Government in reference to the preservation of
+ our liberties than is proper to be exercised toward the State
+ governments. Its powers are limited in number and clearly
+ defined, and its action within the scope of those powers is
+ restrained by a sufficiently rigid bill of rights for the
+ protection of its citizens from oppression. The true interests
+ of the people of this country require that both the National
+ and State Governments should be allowed, without jealous
+ interference on either side, to exercise all the powers which
+ respectively belong to them according to a fair and practical
+ construction of the Constitution. State rights and the rights
+ of the United States should be equally respected. Both
+ are essential to the preservation of our liberties and
+ the perpetuity of our institutions. But in endeavoring to
+ vindicate the one we should not allow our zeal to nullify or
+ impair the other. * * *
+
+ The true doctrine, as we conceive, is this, that while the
+ States are really sovereign as to all matters which have not
+ been granted to the jurisdiction and control of the United
+ States, the Constitution and constitutional laws of the latter
+ are, as we have already said, the supreme law of the land,
+ and when they conflict with the laws of the States they are
+ of paramount authority and obligation. This is the fundamental
+ principle on which the authority of the Constitution is based,
+ and unless it be conceded in practice as well as theory the
+ fabric of our institutions, as it was contemplated by its
+ founders, can not stand. The questions involved have respect
+ not more to the autonomy and existence of the States than to
+ the continued existence of the United States as a government
+ to which every American citizen may look for security and
+ protection in every part of the land. * * *
+
+ Why do we have marshals at all if they can not physically lay
+ their hands on persons and things in the performance of their
+ proper duties? What functions can they perform if they can not
+ use force? In executing the process of the courts must they
+ call on the nearest constable for protection? Must they rely
+ on him to use the requisite compulsion and to keep the peace
+ while they are soliciting and entreating the parties and
+ bystanders to allow the law to take its course? This is the
+ necessary consequence of the positions that are assumed. If
+ we indulge in such impracticable views as these, and keep
+ on refining and re-refining, we shall drive the National
+ Government out of the United States and relegate it to the
+ District of Columbia, or perhaps to some foreign soil. We
+ shall bring it back to a condition of greater helplessness
+ than that of the old Confederation.
+
+ The argument is based on a strained and impracticable view
+ of the nature and powers of the National Government. It must
+ execute its powers or it is no government. It must execute
+ them on the land as well as on the sea, on things as well as
+ on persons. And to do this it must necessarily have power to
+ command obedience, preserve order, and keep the peace; and
+ no person or power in this land has the right to resist or
+ question its authority so long as it keeps within the bounds
+ of its jurisdiction.
+
+
+I have deemed it fitting and proper to quote thus largely from an
+important and elaborate opinion of the Supreme Court because the bill
+before me proceeds upon a construction of the Constitution as to the
+powers of the National Government which is in direct conflict with the
+judgment of the highest judicial tribunal of our country.
+
+Under the sections of the present law above quoted officers of the
+United States are authorized, and it is their duty in the case of
+Congressional elections, to keep the peace at the polls and at the
+places of registration; to arrest immediately any person who is guilty
+of crimes against the United States election laws; to protect all
+officers of elections in the performance of their duties; and
+whenever an arrest is made to bring the person so arrested before a
+commissioner, judge, or court of the United States for examination of
+the offenses alleged against him. "Such special deputy marshals as are
+specially empowered thereto by the marshal in writing," if forcibly
+resisted, may call to their aid the bystanders or _posse comitatus_.
+It is made a crime punishable with fine or imprisonment to hinder,
+assault, or otherwise interfere with the marshal or "his special
+deputies," or to threaten or to attempt so to do. If any person
+appointed such special deputy marshal has taken the oath of office and
+thereafter neglects or refuses to fully discharge the duties of such
+office, he is punishable not only by removal from office, but by fine
+and imprisonment. The functions of the special deputy marshals
+now provided for by law being executive, they are placed under the
+authority of the well-known chief executive officer of the courts
+of the United States. They are in fact, and not merely in name, the
+deputies of the marshal, and he and his bondsmen are responsible for
+them. A civil force for the execution of the law is thus instituted in
+accordance with long-established and familiar usage, which is simple,
+effective, and under a responsible head. The necessity for the
+possession of these powers by appropriate officers will not be called
+in question by intelligent citizens who appreciate the importance of
+peaceable, orderly, and lawful elections. Similar powers are conferred
+and exercised under State laws with respect to State elections. The
+executive officers of the United States under the existing laws have
+no other or greater power to supervise and control the conduct of the
+Congressional elections than the State executive officers exercise in
+regard to State elections.
+
+The bill before me changes completely the present law by substituting
+for the special deputy marshals of the existing statutes new officers
+hitherto unknown to the law, and who lack the power, responsibility,
+and protection which are essential to enable them to act efficiently
+as executive officers.
+
+The bill under consideration is as follows:
+
+ _Be it enacted by the Senate and House of Representatives of
+ the United States of America in Congress assembled_, That
+ from and after the passage of this act the pay of all deputy
+ marshals for services in reference to any election shall be $5
+ for each day of actual service, and no more.
+
+ SEC. 2. That all deputy marshals to serve in reference to any
+ election shall be appointed by the circuit court of the United
+ States for the district in which such marshals are to perform
+ their duties in each year; and the judges of the several
+ circuit courts of the United States are hereby authorized to
+ open their respective courts at any time for that purpose; and
+ in case the circuit courts shall not be open for that purpose
+ at least ten days prior to a registration, if there be one,
+ or, if no registration be required, then at least ten days
+ before such election, the judges of the district courts of
+ the United States are hereby respectively authorized to cause
+ their courts to be opened for the purpose of appointing such
+ deputy marshals, who shall be appointed by the said district
+ courts; and the officers so appointed shall be in equal
+ numbers from the different political parties, and shall be
+ well-known citizens, of good moral character, and actual
+ residents of the voting precincts in which their duties are
+ to be performed, and shall not be candidates for any office
+ at such election; and all laws and parts of laws inconsistent
+ with this act are hereby repealed: _Provided_, That the
+ marshals of the United States for whom deputies shall be
+ appointed by the court under this act shall not be liable for
+ any of the acts of such deputies.
+
+
+It will be observed that the deputy marshals proposed by the bill
+before me are distinctly different officers from the special deputies
+of the marshal, as such officers are now provided for in the statutes.
+This bill does not connect the new officers with the existing laws
+relating to special deputy marshals so as to invest the proposed
+deputy marshals with the same powers, to impose upon them the same
+duties, and to give them the same protection by means of the criminal
+laws. When new officers are created, distinct in character and
+appointed by different authority, although similar in name to
+officers already provided for, such officers are not held by similar
+responsibilities to the criminal law, do not possess the same powers,
+and are not similarly protected unless it is expressly so provided by
+legislation.
+
+The so-called deputy marshals provided for in this bill will have no
+executive head. The marshal can neither appoint nor remove them. He
+can not control them, and he is not responsible for them. They will
+have no authority to call to their aid, if resisted, the _posse
+comitatus_. They are protected by no criminal statutes in the
+performance of their duties. An assault upon one of these deputies
+with the intent to prevent a lawful election will be no more than an
+ordinary assault upon any other citizen. They can not keep the peace.
+They can not make arrests when crimes are committed in their presence.
+Whatever powers they have are confined to the precincts in which they
+reside. Outside of the precincts for which they are appointed the
+deputy marshals of this bill can not keep the peace, make arrests,
+hold prisoners, take prisoners before a proper tribunal for hearing,
+nor perform any other duty. No oaths of office are required of them,
+and they give no bond. They have no superior who is responsible for
+them, and they are not punishable for neglect of duty or misconduct in
+office. In all these respects this bill makes a radical change between
+the powers of the United States officers at national elections and the
+powers uniformly possessed and exercised by State officers at State
+elections. This discrimination against the authority of the United
+States is a departure from the usage of the Government established by
+precedents beginning with the earliest statutes on the subject, and
+violates the true principles of the Constitution. The Supreme Court,
+in the decision already referred to, says:
+
+ It is argued that the preservation of peace and good order in
+ society is not within the powers confided to the Government of
+ the United States, but belongs exclusively to the States. Here
+ again we are met with the theory that the Government of the
+ United States does not rest upon the soil and territory of
+ the country. We think that this theory is founded on an entire
+ misconception of the nature and powers of that Government.
+ We hold it to be an incontrovertible principle that the
+ Government of the United States may, by means of physical
+ force, exercised through its official agents, execute on every
+ foot of American soil the powers and functions that belong to
+ it. This necessarily involves the power to command obedience
+ to its laws, and hence the power to keep the peace to that
+ extent.
+
+ This power to enforce its laws and to execute its functions
+ in all places does not derogate from the power of the State to
+ execute its laws at the same time and in the same places. The
+ one does not exclude the other, except where both can not
+ be executed at the same time. In that case the words of the
+ Constitution itself show which is to yield. "This Constitution
+ and all laws which shall be made in pursuance thereof * * *
+ shall be the supreme law of the land."
+
+
+In conclusion it is proper to say that no objection would be made to
+the appointment of officers to act with reference to the elections by
+the courts of the United States, and that I am in favor of appointing
+officers to supervise and protect the elections without regard to
+party; but the bill before me, while it recognizes the power and duty
+of the United States to provide officers to guard and scrutinize the
+Congressional elections, fails to adapt its provisions to the existing
+laws so as to secure efficient supervision and protection. It is
+therefore returned to the Senate, in which it originated, for that
+further consideration which is contemplated by the Constitution.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have within the territory and jurisdiction of the United States begun
+and set on foot preparations for an organized and forcible possession
+of and settlement upon the lands of what is known as the Indian
+Territory, west of the State of Arkansas, which Territory is
+designated, recognized, and described by the treaties and laws of the
+United States and by the executive authorities as Indian country, and
+as such is only subject to occupation by Indian tribes, officers of
+the Indian Department, military posts, and such persons as may be
+privileged to reside and trade therein under the intercourse laws of
+the United States; and
+
+Whereas those laws provide for the removal of all persons residing and
+trading therein without express permission of the Indian Department
+and agents, and also of all persons whom such agents may deem to be
+improper persons to reside in the Indian country; and
+
+Whereas, in aid and support of such organized movement, it has been
+represented that no further action will be taken by the Government to
+prevent persons from going into said territory and settling therein,
+but such representations are wholly without authority:
+
+Now, therefore, for the purpose of properly protecting the interests
+of the Indian nations and tribes, as well as of the United States, in
+said Indian Territory, and of duly enforcing the laws governing the
+same, I, Rutherford B. Hayes, President of the United States, do
+admonish and warn all such persons so intending or preparing to remove
+upon said lands or into said Territory without permission of the
+proper agent of the Indian Department against any attempt to so remove
+or settle upon any of the lands of said Territory; and I do further
+warn and notify any and all such persons who may so offend that they
+will be speedily and immediately removed therefrom by the agent,
+according to the laws made and provided, and that no efforts will be
+spared to prevent the invasion of said Territory, rumors spread
+by evil-disposed persons to the contrary notwithstanding; and if
+necessary the aid and assistance of the military forces of the United
+States will be invoked to carry into proper execution the laws of the
+United States herein referred to.
+
+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 February, A.D. 1880,
+and of the Independence of the United States the one hundred and
+fourth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+At no period in their history since the United States became a nation
+has this people had so abundant and so universal reasons for joy and
+gratitude at the favor of Almighty God or been subject to so profound
+an obligation to give thanks for His loving kindness and humbly to
+implore His continued care and protection.
+
+Health, wealth, and prosperity throughout all our borders; peace,
+honor, and friendship with all the world; firm and faithful adherence
+by the great body of our population to the principles of liberty and
+justice which have made our greatness as a nation, and to the wise
+institutions and strong frame of government and society which will
+perpetuate it--for all these let the thanks of a happy and united
+people, as with one voice, ascend in devout homage to the Giver of All
+Good.
+
+I therefore recommend that on Thursday, the 25th 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 1st day of November, A.D. 1880,
+and of the Independence of the United States the one hundred and
+fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas satisfactory evidence has been given to me by the Government
+of His Majesty the Emperor of China that no discriminating duties of
+tonnage or imposts are imposed or levied in the ports of that nation
+upon vessels wholly belonging to citizens of the United States, or
+upon the produce, manufactures, or merchandise imported in the same:
+
+Therefore, I, Rutherford B. Hayes, President of the United States of
+America, by virtue of the authority in me vested by law, do hereby
+declare and proclaim that the foreign discriminating duties of tonnage
+and impost within the United States are and shall be suspended and
+discontinued so far as respects the vessels of China and the produce,
+manufactures, and merchandise imported therein into the United
+States from China, or from any other foreign country, so long as
+the exemption aforesaid on the part of China of vessels belonging to
+citizens of the United States and their cargoes shall be continued and
+no longer.
+
+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 23d day of November, A.D. 1880,
+and of the Independence of the United States of America the one
+hundred and fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+[From the Evening Star, Washington, D.C., May 27, 1880.]
+
+EXECUTIVE MANSION, _Washington, D.C., May 27, 1880_.
+
+DEAR SIR:[41] I am directed by the President to say that the several
+Departments of the Government will be closed on Saturday, the 29th
+instant, in remembrance of those who fell in defense of the nation,
+and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+ W.K. ROGERS,
+ _Private Secretary_.
+
+[Footnote 41: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 6, 1880_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+I congratulate you on the continued and increasing prosperity of our
+country. By the favor of Divine Providence we have been blessed during
+the past year with health, with abundant harvests, with profitable
+employment for all our people, and with contentment at home, and
+with peace and friendship with other nations. The occurrence of
+the twenty-fourth election of Chief Magistrate has afforded another
+opportunity to the people of the United States to exhibit to the world
+a significant example of the peaceful and safe transmission of the
+power and authority of government from the public servants whose terms
+of office are about to expire to their newly chosen successors. This
+example can not fail to impress profoundly thoughtful people of other
+countries with the advantages which republican institutions afford.
+The immediate, general, and cheerful acquiescence of all good citizens
+in the result of the election gives gratifying assurance to our
+country and to its friends throughout the world that a government
+based on the free consent of an intelligent and patriotic people
+possesses elements of strength, stability, and permanency not found in
+any other form of government.
+
+Continued opposition to the full and free enjoyment of the rights of
+citizenship conferred upon the colored people by the recent amendments
+to the Constitution still prevails in several of the late slaveholding
+States. It has, perhaps, not been manifested in the recent election to
+any large extent in acts of violence or intimidation. It has, however,
+by fraudulent practices in connection with the ballots, with the
+regulations as to the places and manner of voting, and with counting,
+returning, and canvassing the votes cast, been successful in defeating
+the exercise of the right preservative of all rights--the right
+of suffrage--which the Constitution expressly confers upon our
+enfranchised citizens.
+
+It is the desire of the good people of the whole country that
+sectionalism as a factor in our politics should disappear. They prefer
+that no section of the country should be united in solid opposition
+to any other section. The disposition to refuse a prompt and hearty
+obedience to the equal-rights amendments to the Constitution is all
+that now stands in the way of a complete obliteration of sectional
+lines in our political contests. As long as either of these amendments
+is flagrantly violated or disregarded, it is safe to assume that
+the people who placed them in the Constitution, as embodying the
+legitimate results of the war for the Union, and who believe them to
+be wise and necessary, will continue to act together and to insist
+that they shall be obeyed. The paramount question still is as to the
+enjoyment of the right by every American citizen who has the requisite
+qualifications to freely cast his vote and to have it honestly
+counted. With this question rightly settled, the country will be
+relieved of the contentions of the past; bygones will indeed be
+bygones, and political and party issues, with respect to economy
+and efficiency of administration, internal improvements, the tariff,
+domestic taxation, education, finance, and other important subjects,
+will then receive their full share of attention; but resistance to
+and nullification of the results of the war will unite together in
+resolute purpose for their support all who maintain the authority of
+the Government and the perpetuity of the Union, and who adequately
+appreciate the value of the victory achieved. This determination
+proceeds from no hostile sentiment or feeling to any part of the
+people of our country or to any of their interests. The inviolability
+of the amendments rests upon the fundamental principle of our
+Government. They are the solemn expression of the will of the people
+of the United States.
+
+The sentiment that the constitutional rights of all our citizens must
+be maintained does not grow weaker. It will continue to control the
+Government of the country. Happily, the history of the late election
+shows that in many parts of the country where opposition to the
+fifteenth amendment has heretofore prevailed it is diminishing, and is
+likely to cease altogether if firm and well-considered action is taken
+by Congress. I trust the House of Representatives and the Senate,
+which have the right to judge of the elections, returns, and
+qualifications of their own members, will see to it that every case
+of violation of the letter or spirit of the fifteenth amendment is
+thoroughly investigated, and that no benefit from such violation shall
+accrue to any person or party. It will be the duty of the Executive,
+with sufficient appropriations for the purpose, to prosecute
+unsparingly all who have been engaged in depriving citizens of the
+rights guaranteed to them by the Constitution.
+
+It is not, however, to be forgotten that the best and surest guaranty
+of the primary rights of citizenship is to be found in that capacity
+for self-protection which can belong only to a people whose right to
+universal suffrage is supported by universal education. The means
+at the command of the local and State authorities are in many cases
+wholly inadequate to furnish free instruction to all who need it.
+This is especially true where before emancipation the education of the
+people was neglected or prevented, in the interest of slavery. Firmly
+convinced that the subject of popular education deserves the earnest
+attention of the people of the whole country, with a view to wise
+and comprehensive action by the Government of the United States, I
+respectfully recommend that Congress, by suitable legislation and
+with proper safeguards, supplement the local educational funds in
+the several States where the grave duties and responsibilities of
+citizenship have been devolved on uneducated people by devoting to
+the purpose grants of the public lands and, if necessary, by
+appropriations from the Treasury of the United States. Whatever
+Government can fairly do to promote free popular education ought to be
+done. Wherever general education is found, peace, virtue, and social
+order prevail and civil and religious liberty are secure.
+
+In my former annual messages I have asked the attention of Congress to
+the urgent necessity of a reformation of the civil-service system
+of the Government. My views concerning the dangers of patronage,
+or appointments for personal or partisan considerations, have been
+strengthened by my observation and experience in the Executive office,
+and I believe these dangers threaten the stability of the Government.
+Abuses so serious in their nature can not be permanently tolerated.
+They tend to become more alarming with the enlargement of
+administrative service, as the growth of the country in population
+increases the number of officers and placemen employed.
+
+The reasons are imperative for the adoption of fixed rules for the
+regulation of appointments, promotions, and removals, establishing
+a uniform method having exclusively in view in every instance the
+attainment of the best qualifications for the position in question.
+Such a method alone is consistent with the equal rights of all
+citizens and the most economical and efficient administration of the
+public business.
+
+Competitive examinations in aid of impartial appointments and
+promotions have been conducted for some years past in several of
+the Executive Departments, and by my direction this system has been
+adopted in the custom-houses and post-offices of the larger cities of
+the country. In the city of New York over 2,000 positions in the civil
+service have been subject in their appointments and tenure of place to
+the operation of published rules for this purpose during the past
+two years. The results of these practical trials have been very
+satisfactory, and have confirmed my opinion in favor of this system of
+selection. All are subjected to the same tests, and the result is free
+from prejudice by personal favor or partisan influence. It secures for
+the position applied for the best qualifications attainable among the
+competing applicants. It is an effectual protection from the pressure
+of importunity, which under any other course pursued largely exacts
+the time and attention of appointing officers, to their great
+detriment in the discharge of other official duties, preventing the
+abuse of the service for the mere furtherance of private or party
+purposes, and leaving the employee of the Government, freed from the
+obligations imposed by patronage, to depend solely upon merit for
+retention and advancement, and with this constant incentive to
+exertion and improvement.
+
+These invaluable results have been attained in a high degree in the
+offices where the rules for appointment by competitive examination
+have been applied.
+
+A method which has so approved itself by experimental tests at
+points where such tests may be fairly considered conclusive should be
+extended to all subordinate positions under the Government. I believe
+that a strong and growing public sentiment demands immediate measures
+for securing and enforcing the highest possible efficiency in the
+civil service and its protection from recognized abuses, and that
+the experience referred to has demonstrated the feasibility of such
+measures.
+
+The examinations in the custom-houses and post-offices have been held
+under many embarrassments and without provision for compensation for
+the extra labor performed by the officers who have conducted them, and
+whose commendable interest in the improvement of the public service
+has induced this devotion of time and labor without pecuniary reward.
+A continuance of these labors gratuitously ought not to be expected,
+and without an appropriation by Congress for compensation it is not
+practicable to extend the system of examinations generally throughout
+the civil service. It is also highly important that all such
+examinations should be conducted upon a uniform system and under
+general supervision. Section 1753 of the Revised Statutes authorizes
+the President to prescribe the regulations for admission to the civil
+service of the United States, and for this purpose to employ suitable
+persons to conduct the requisite inquiries with reference to "the
+fitness of each candidate, in respect to age, health, character,
+knowledge, and ability for the branch of service into which he seeks
+to enter;" but the law is practically inoperative for want of the
+requisite appropriation.
+
+I therefore recommend an appropriation of $25,000 per annum to meet
+the expenses of a commission, to be appointed by the President in
+accordance with the terms of this section, whose duty it shall be
+to devise a just, uniform, and efficient system of competitive
+examinations and to supervise the application of the same throughout
+the entire civil service of the Government. I am persuaded that the
+facilities which such a commission will afford for testing the fitness
+of those who apply for office will not only be as welcome a relief
+to members of Congress as it will be to the President and heads of
+Departments, but that it will also greatly tend to remove the causes
+of embarrassment which now inevitably and constantly attend the
+conflicting claims of patronage between the legislative and executive
+departments. The most effectual check upon the pernicious competition
+of influence and official favoritism in the bestowal of office will
+be the substitution of an open competition of merit between the
+applicants, in which everyone can make his own record with the
+assurance that his success will depend upon this alone.
+
+I also recommend such legislation as, while leaving every officer as
+free as any other citizen to express his political opinions and to use
+his means for their advancement, shall also enable him to feel as safe
+as any private citizen in refusing all demands upon his salary for
+political purposes. A law which should thus guarantee true liberty
+and justice to all who are engaged in the public service, and likewise
+contain stringent provisions against the use of official authority
+to coerce the political action of private citizens or of official
+subordinates, is greatly to be desired.
+
+The most serious obstacle, however, to an improvement of the civil
+service, and especially to a reform in the method of appointment and
+removal, has been found to be the practice, under what is known as
+the spoils system, by which the appointing power has been so largely
+encroached upon by members of Congress. The first step in the reform
+of the civil service must be a complete divorce between Congress and
+the Executive in the matter of appointments. The corrupting
+doctrine that "to the victors belong the spoils" is inseparable
+from Congressional patronage as the established rule and practice of
+parties in power. It comes to be understood by applicants for office
+and by the people generally that Representatives and Senators are
+entitled to disburse the patronage of their respective districts and
+States. It is not necessary to recite at length the evils resulting
+from this invasion of the Executive functions. The true principles of
+Government on the subject of appointments to office, as stated in the
+national conventions of the leading parties of the country, have again
+and again been approved by the American people, and have not been
+called in question in any quarter. These authentic expressions of
+public opinion upon this all-important subject are the statement
+of principles that belong to the constitutional structure of the
+Government.
+
+ Under the Constitution the President and heads of Departments
+ are to make nominations for office. The Senate is to advise
+ and consent to appointments, and the House of Representatives
+ is to accuse and prosecute faithless officers. The best
+ interest of the public service demands that these distinctions
+ be respected; that Senators and Representatives, who may
+ be judges and accusers, should not dictate appointments to
+ office.
+
+
+To this end the cooperation of the legislative department of the
+Government is required alike by the necessities of the case and by
+public opinion. Members of Congress will not be relieved from the
+demands made upon them with reference to appointments to office until
+by legislative enactment the pernicious practice is condemned and
+forbidden.
+
+It is therefore recommended that an act be passed defining the
+relations of members of Congress with respect to appointment to office
+by the President; and I also recommend that the provisions of section
+1767 and of the sections following of the Revised Statutes, comprising
+the tenure-of-office act of March 2, 1867, be repealed.
+
+Believing that to reform the system and methods of the civil service
+in our country is one of the highest and most imperative duties
+of statesmanship, and that it can be permanently done only by the
+cooperation of the legislative and executive departments of the
+Government, I again commend the whole subject to your considerate
+attention.
+
+It is the recognized duty and purpose of the people of the United
+States to suppress polygamy where it now exists in our Territories and
+to prevent its extension. Faithful and zealous efforts have been made
+by the United States authorities in Utah to enforce the laws against
+it. Experience has shown that the legislation upon this subject, to be
+effective, requires extensive modification and amendment. The longer
+action is delayed the more difficult it will be to accomplish what
+is desired. Prompt and decided measures are necessary. The Mormon
+sectarian organization which upholds polygamy has the whole power of
+making and executing the local legislation of the Territory. By its
+control of the grand and petit juries it possesses large influence
+over the administration of justice. Exercising, as the heads of this
+sect do, the local political power of the Territory, they are able to
+make effective their hostility to the law of Congress on the subject
+of polygamy, and, in fact, do prevent its enforcement. Polygamy will
+not be abolished if the enforcement of the law depends on those who
+practice and uphold the crime. It can only be suppressed by taking
+away the political power of the sect which encourages and sustains it.
+
+The power of Congress to enact suitable laws to protect the
+Territories is ample. It is not a case for halfway measures. The
+political power of the Mormon sect is increasing. It controls now
+one of our wealthiest and most populous Territories. It is extending
+steadily into other Territories. Wherever it goes it establishes
+polygamy and sectarian political power. The sanctity of marriage and
+the family relation are the corner stone of our American society and
+civilization. Religious liberty and the separation of church and state
+are among the elementary ideas of free institutions. To reestablish
+the interests and principles which polygamy and Mormonism have
+imperiled, and to fully reopen to intelligent and virtuous immigrants
+of all creeds that part of our domain which has been in a great degree
+closed to general immigration by intolerant and immoral institutions,
+it is recommended that the government of the Territory of Utah be
+reorganized.
+
+I recommend that Congress provide for the government of Utah by a
+governor and judges, or commissioners, appointed by the President and
+confirmed by the Senate--a government analogous to the provisional
+government established for the territory northwest of the Ohio by
+the ordinance of 1787. If, however, it is deemed best to continue the
+existing form of local government, I recommend that the right to vote,
+hold office, and sit on juries in the Territory of Utah be confined to
+those who neither practice nor uphold polygamy. If thorough measures
+are adopted, it is believed that within a few years the evils which
+now afflict Utah will be eradicated, and that this Territory will in
+good time become one of the most prosperous and attractive of the new
+States of the Union.
+
+Our relations with all foreign countries have been those of
+undisturbed peace, and have presented no occasion for concern as to
+their continued maintenance.
+
+My anticipation of an early reply from the British Government to the
+demand of indemnity to our fishermen for the injuries suffered by that
+industry at Fortune Bay in January, 1878, which I expressed in my last
+annual message, was disappointed. This answer was received only in the
+latter part of April in the present year, and when received exhibited
+a failure of accord between the two Governments as to the measure of
+the inshore fishing privilege secured to our fishermen by the treaty
+of Washington of so serious a character that I made it the subject of
+a communication to Congress, in which I recommended the adoption of
+the measures which seemed to me proper to be taken by this Government
+in maintenance of the rights accorded to our fishermen under the
+treaty and toward securing an indemnity for the injury these interests
+had suffered. A bill to carry out these recommendations was under
+consideration by the House of Representatives at the time of the
+adjournment of Congress in June last.
+
+Within a few weeks I have received a communication from Her Majesty's
+Government renewing the consideration of the subject, both of the
+indemnity for the injuries at Fortune Bay and of the interpretation
+of the treaty in which the previous correspondence had shown the two
+Governments to be at variance. Upon both these topics the disposition
+toward a friendly agreement is manifested by a recognition of our
+right to an indemnity for the transaction at Fortune Bay, leaving the
+measure of such indemnity to further conference, and by an assent to
+the view of this Government, presented in the previous correspondence,
+that the regulation of conflicting interests of the shore fishery
+of the provincial seacoasts and the vessel fishery of our fishermen
+should be made the subject of conference and concurrent arrangement
+between the two Governments.
+
+I sincerely hope that the basis may be found for a speedy adjustment
+of the very serious divergence of views in the interpretation of
+the fishery clauses of the treaty of Washington, which, as the
+correspondence between the two Governments stood at the close of the
+last session of Congress, seemed to be irreconcilable.
+
+In the important exhibition of arts and industries which was held last
+year at Sydney, New South Wales, as well as in that now in progress
+at Melbourne, the United States have been efficiently and honorably
+represented. The exhibitors from this country at the former place
+received a large number of awards in some of the most considerable
+departments, and the participation of the United States was recognized
+by a special mark of distinction. In the exhibition at Melbourne the
+share taken by our country is no less notable, and an equal degree of
+success is confidently expected.
+
+The state of peace and tranquillity now enjoyed by all the nations
+of the continent of Europe has its favorable influence upon our
+diplomatic and commercial relations with them. We have concluded and
+ratified a convention with the French Republic for the settlement of
+claims of the citizens of either country against the other. Under this
+convention a commission, presided over by a distinguished publicist,
+appointed in pursuance of the request of both nations by His Majesty
+the Emperor of Brazil, has been organized and has begun its sessions
+in this city. A congress to consider means for the protection of
+industrial property has recently been in session in Paris, to which
+I have appointed the ministers of the United States in France and in
+Belgium as delegates. The International Commission upon Weights and
+Measures also continues its work in Paris. I invite your attention to
+the necessity of an appropriation to be made in time to enable
+this Government to comply with its obligations under the metrical
+convention.
+
+Our friendly relations with the German Empire continue without
+interruption. At the recent International Exhibition of Fish
+and Fisheries at Berlin the participation of the United States,
+notwithstanding the haste with which the commission was forced to make
+its preparations, was extremely successful and meritorious, winning
+for private exhibitors numerous awards of a high class and for the
+country at large the principal prize of honor offered by His Majesty
+the Emperor. The results of this great success can not but be
+advantageous to this important and growing industry. There have been
+some questions raised between the two Governments as to the proper
+effect and interpretation of our treaties of naturalization, but
+recent dispatches from our minister at Berlin show that favorable
+progress is making toward an understanding in accordance with the
+views of this Government, which makes and admits no distinction
+whatever between the rights of a native and a naturalized citizen of
+the United States. In practice the complaints of molestation suffered
+by naturalized citizens abroad have never been fewer than at present.
+
+There is nothing of importance to note in our unbroken friendly
+relations with the Governments of Austria-Hungary, Russia, Portugal,
+Sweden and Norway, Switzerland, Turkey, and Greece.
+
+During the last summer several vessels belonging to the merchant
+marine of this country, sailing in neutral waters of the West Indies,
+were fired at, boarded, and searched by an armed cruiser of the
+Spanish Government. The circumstances as reported involve not only a
+private injury to the persons concerned, but also seemed too little
+observant of the friendly relations existing for a century between
+this country and Spain. The wrong was brought to the attention of
+the Spanish Government in a serious protest and remonstrance, and the
+matter is undergoing investigation by the royal authorities with a
+view to such explanation or reparation as may be called for by the
+facts.
+
+The commission sitting in this city for the adjudication of claims of
+our citizens against the Government of Spain is, I hope, approaching
+the termination of its labors.
+
+The claims against the United States under the Florida treaty with
+Spain were submitted to Congress for its action at the late session,
+and I again invite your attention to this long-standing question, with
+a view to a final disposition of the matter.
+
+At the invitation of the Spanish Government, a conference has recently
+been held at the city of Madrid to consider the subject of protection
+by foreign powers of native Moors in the Empire of Morocco. The
+minister of the United States in Spain was directed to take part
+in the deliberations of this conference, the result of which is
+a convention signed on behalf of all the powers represented. The
+instrument will be laid before the Senate for its consideration. The
+Government of the United States has also lost no opportunity to urge
+upon that of the Emperor of Morocco the necessity, in accordance with
+the humane and enlightened spirit of the age, of putting an end to the
+persecutions, which have been so prevalent in that country, of
+persons of a faith other than the Moslem, and especially of the Hebrew
+residents of Morocco.
+
+The consular treaty concluded with Belgium has not yet been officially
+promulgated, owing to the alteration of a word in the text by the
+Senate of the United States, which occasioned a delay, during which
+the time allowed for ratification expired. The Senate will be asked to
+extend the period for ratification.
+
+The attempt to negotiate a treaty of extradition with Denmark failed
+on account of the objection of the Danish Government to the usual
+clause providing that each nation should pay the expense of the arrest
+of the persons whose extradition it asks.
+
+The provision made by Congress at its last session for the expense
+of the commission which had been appointed to enter upon negotiations
+with the Imperial Government of China on subjects of great interest
+to the relations of the two countries enabled the commissioners
+to proceed at once upon their mission. The Imperial Government was
+prepared to give prompt and respectful attention to the matters
+brought under negotiation, and the conferences proceeded with such
+rapidity and success that on the 17th of November last two treaties
+were signed at Peking, one relating to the introduction of Chinese
+into this country and one relating to commerce. Mr. Trescot, one of
+the commissioners, is now on his way home bringing the treaties, and
+it is expected that they will be received in season to be laid before
+the Senate early in January.
+
+Our minister in Japan has negotiated a convention for the reciprocal
+relief of shipwrecked seamen. I take occasion to urge once more
+upon Congress the propriety of making provision for the erection of
+suitable fireproof buildings at the Japanese capital for the use of
+the American legation and the court-house and jail connected with
+it. The Japanese Government, with great generosity and courtesy, has
+offered for this purpose an eligible piece of land.
+
+In my last annual message I invited the attention of Congress to the
+subject of the indemnity funds received some years ago from China and
+Japan. I renew the recommendation then made that whatever portions of
+these funds are due to American citizens should be promptly paid
+and the residue returned to the nations, respectively, to which they
+justly and equitably belong.
+
+The extradition treaty with the Kingdom of the Netherlands, which has
+been for some time in course of negotiation, has during the past year
+been concluded and duly ratified.
+
+Relations of friendship and amity have been established between the
+Government of the United States and that of Roumania. We have sent
+a diplomatic representative to Bucharest, and have received at this
+capital the special envoy who has been charged by His Royal Highness
+Prince Charles to announce the independent sovereignty of Roumania. We
+hope for a speedy development of commercial relations between the two
+countries.
+
+In my last annual message I expressed the hope that the prevalence of
+quiet on the border between this country and Mexico would soon become
+so assured as to justify the modification of the orders then in force
+to our military commanders in regard to crossing the frontier, without
+encouraging such disturbances as would endanger the peace of the two
+countries. Events moved in accordance with these expectations, and the
+orders were accordingly withdrawn, to the entire satisfaction of our
+own citizens and the Mexican Government. Subsequently the peace of the
+border was again disturbed by a savage foray under the command of
+the Chief Victoria, but by the combined and harmonious action of the
+military forces of both countries his band has been broken up and
+substantially destroyed.
+
+There is reason to believe that the obstacles which have so long
+prevented rapid and convenient communication between the United States
+and Mexico by railways are on the point of disappearing, and that
+several important enterprises of this character will soon be set on
+foot, which can not fail to contribute largely to the prosperity of
+both countries.
+
+New envoys from Guatemala, Colombia, Bolivia, Venezuela, and
+Nicaragua have recently arrived at this capital, whose distinction and
+enlightenment afford the best guaranty of the continuance of friendly
+relations between ourselves and these sister Republics.
+
+The relations between this Government and that of the United States of
+Colombia have engaged public attention during the past year, mainly by
+reason of the project of an interoceanic canal across the Isthmus of
+Panama, to be built by private capital under a concession from
+the Colombian Government for that purpose. The treaty obligations
+subsisting between the United States and Colombia, by which we
+guarantee the neutrality of the transit and the sovereignty and
+property of Colombia in the Isthmus, make it necessary that the
+conditions under which so stupendous a change in the region embraced
+in this guaranty should be effected--transforming, as it would, this
+Isthmus from a barrier between the Atlantic and Pacific oceans into a
+gateway and thoroughfare between them for the navies and the merchant
+ships of the world--should receive the approval of this Government, as
+being compatible with the discharge of these obligations on our part
+and consistent with our interests as the principal commercial power
+of the Western Hemisphere. The views which I expressed in a special
+message to Congress in March last in relation to this project I
+deem it my duty again to press upon your attention. Subsequent
+consideration has but confirmed the opinion "that it is the right and
+duty of the United States to assert and maintain such supervision and
+authority over any interoceanic canal across the isthmus that connects
+North and South America as will protect our national interest."
+
+The war between the Republic of Chile on the one hand and the allied
+Republics of Peru and Bolivia on the other still continues. This
+Government has not felt called upon to interfere in a contest that is
+within the belligerent rights of the parties as independent states.
+We have, however, always held ourselves in readiness to aid in
+accommodating their difference, and have at different times reminded
+both belligerents of our willingness to render such service.
+
+Our good offices in this direction were recently accepted by all the
+belligerents, and it was hoped they would prove efficacious; but I
+regret to announce that the measures which the ministers of the United
+States at Santiago and Lima were authorized to take with the view to
+bring about a peace were not successful. In the course of the war some
+questions have arisen affecting neutral rights. In all of these the
+ministers of the United States have, under their instructions, acted
+with promptness and energy in protection of American interests.
+
+The relations of the United States with the Empire of Brazil continue
+to be most cordial, and their commercial intercourse steadily
+increases, to their mutual advantage.
+
+The internal disorders with which the Argentine Republic has for some
+time past been afflicted, and which have more or less influenced its
+external trade, are understood to have been brought to a close. This
+happy result may be expected to redound to the benefit of the foreign
+commerce of that Republic, as well as to the development of its vast
+interior resources.
+
+In Samoa the Government of King Malietoa, under the support and
+recognition of the consular representatives of the United States,
+Great Britain, and Germany, seems to have given peace and tranquillity
+to the islands. While it does not appear desirable to adopt as a whole
+the scheme of tripartite local government which has been proposed, the
+common interests of the three great treaty powers require harmony in
+their relations to the native frame of government, and this may be
+best secured by a simple diplomatic agreement between them. It would
+be well if the consular jurisdiction of our representative at Apia
+were increased in extent and importance so as to guard American
+interests in the surrounding and outlying islands of Oceanica.
+
+The obelisk generously presented by the Khedive of Egypt to the city
+of New York has safely arrived in this country, and will soon be
+erected in that metropolis. A commission for the liquidation of the
+Egyptian debt has lately concluded its work, and this Government, at
+the earnest solicitation of the Khedive, has acceded to the provisions
+adopted by it, which will be laid before Congress for its information.
+A commission for the revision of the judicial code of the
+reform tribunal of Egypt is now in session in Cairo. Mr. Farman,
+consul-general, and J.M. Batchelder, esq., have been appointed as
+commissioners to participate in this work. The organization of the
+reform tribunals will probably be continued for another period of five
+years.
+
+In pursuance of the act passed at the last session of Congress,
+invitations have been extended to foreign maritime states to join in
+a sanitary conference in Washington, beginning the 1st of January. The
+acceptance of this invitation by many prominent powers gives promise
+of success in this important measure, designed to establish a system
+of international notification by which the spread of infectious or
+epidemic diseases may be more effectively checked or prevented. The
+attention of Congress is invited to the necessary appropriations for
+carrying into effect the provisions of the act referred to.
+
+The efforts of the Department of State to enlarge the trade and
+commerce of the United States, through the active agency of consular
+officers and through the dissemination of information obtained from
+them, have been unrelaxed. The interest in these efforts, as developed
+in our commercial communities, and the value of the information
+secured by this means to the trade and manufactures of the country
+were recognized by Congress at its last session, and provision was
+made for the more frequent publication of consular and other reports
+by the Department of State. The first issue of this publication has
+now been prepared, and subsequent issues may regularly be expected.
+The importance and interest attached to the reports of consular
+officers are witnessed by the general demand for them by all classes
+of merchants and manufacturers engaged in our foreign trade. It is
+believed that the system of such publications is deserving of the
+approval of Congress, and that the necessary appropriations for its
+continuance and enlargement will commend itself to your consideration.
+
+The prosperous energies of our domestic industries and their immense
+production of the subjects of foreign commerce invite, and even
+require, an active development of the wishes and interests of
+our people in that direction. Especially important is it that our
+commercial relations with the Atlantic and Pacific coasts of South
+America, with the West Indies and the Gulf of Mexico, should be
+direct, and not through the circuit of European systems, and should
+be carried on in our own bottoms. The full appreciation of the
+opportunities which our front on the Pacific Ocean gives to commerce
+with Japan, China, and the East Indies, with Australia and the island
+groups which lie along these routes of navigation, should inspire
+equal efforts to appropriate to our own shipping and to administer by
+our own capital a due proportion of this trade. Whatever modifications
+of our regulations of trade and navigation may be necessary or useful
+to meet and direct these impulses to the enlargement of our exchanges
+and of our carrying trade I am sure the wisdom of Congress will be
+ready to supply. One initial measure, however, seems to me so clearly
+useful and efficient that I venture to press it upon your earnest
+attention. It seems to be very evident that the provision of regular
+steam postal communication by aid from government has been the
+forerunner of the commercial predominance of Great Britain on all
+these coasts and seas, a greater share in whose trade is now the
+desire and the intent of our people. It is also manifest that the
+efforts of other European nations to contend with Great Britain for a
+share of this commerce have been successful in proportion with their
+adoption of regular steam postal communication with the markets whose
+trade they sought. Mexico and the States of South America are anxious
+to receive such postal communication with this country and to aid in
+their development. Similar cooperation may be looked for in due time
+from the Eastern nations and from Australia. It is difficult to see
+how the lead in this movement can be expected from private interests.
+In respect of foreign commerce quite as much as in internal trade
+postal communication seems necessarily a matter of common and public
+administration, and thus pertaining to Government. I respectfully
+recommend to your prompt attention such just and efficient measures as
+may conduce to the development of our foreign commercial exchanges and
+the building up of our carrying trade.
+
+In this connection I desire also to suggest the very great service
+which might be expected in enlarging and facilitating our commerce on
+the Pacific Ocean were a transmarine cable laid from San Francisco to
+the Sandwich Islands, and thence to Japan at the north and Australia
+at the south. The great influence of such means of communication on
+these routes of navigation in developing and securing the due share of
+our Pacific Coast in the commerce of the world needs no illustration
+or enforcement. It may be that such an enterprise, useful, and in the
+end profitable, as it would prove to private investment, may need to
+be accelerated by prudent legislation by Congress in its aid, and
+I submit the matter to your careful consideration.
+
+An additional and not unimportant, although secondary, reason for
+fostering and enlarging the Navy may be found in the unquestionable
+service to the expansion of our commerce which would be rendered by
+the frequent circulation of naval ships in the seas and ports of all
+quarters of the globe. Ships of the proper construction and equipment
+to be of the greatest efficiency in case of maritime war might be made
+constant and active agents in time of peace in the advancement and
+protection of our foreign trade and in the nurture and discipline of
+young seamen, who would naturally in some numbers mix with and improve
+the crews of our merchant ships. Our merchants at home and abroad
+recognize the value to foreign commerce of an active movement of our
+naval vessels, and the intelligence and patriotic zeal of our naval
+officers in promoting every interest of their countrymen is a just
+subject of national pride.
+
+The condition of the financial affairs of the Government, as shown by
+the report of the Secretary of the Treasury, is very satisfactory. It
+is believed that the present financial situation of the United States,
+whether considered with respect to trade, currency, credit, growing
+wealth, or the extent and variety of our resources, is more favorable
+than that of any other country of our time, and has never been
+surpassed by that of any country at any period of its history. All our
+industries are thriving; the rate of interest is low; new railroads
+are being constructed; a vast immigration is increasing our
+population, capital, and labor; new enterprises in great number are
+in progress, and our commercial relations with other countries are
+improving.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1880, were--
+
+ From customs.......................................... $186,522,064.60
+ From internal revenue.................................. 124,009,373.92
+ From sales of public lands............................... 1,016,506.60
+ From tax on circulation and deposits of national banks... 7,014,971.44
+ From repayment of interest by Pacific Railway companies.. 1,707,367.18
+ From sinking fund for Pacific Railway companies............ 786,621.22
+ From customs fees, fines, penalties, etc................. 1,148,800.16
+ From fees--consular, letters patent, and lands........... 2,337,029.00
+ From proceeds of sales of Government property.............. 282,616.50
+ From profits on coinage, etc............................. 2,792,186.78
+ From revenues of the District of Columbia................ 1,809,469.70
+ From miscellaneous sources............................... 4,099,603.88
+
+ Total ordinary receipts................................ 333,526,610.98
+
+
+The ordinary expenditures for the same period were--
+
+ For civil expenses..................................... $15,693,963.55
+ For foreign intercourse.................................. 1,211,490.58
+ For Indians.............................................. 5,945,457.09
+ For pensions (including $19,341,025.20 arrears of pensions)
+ ........................................................ 56,777,174.44
+ For the military establishment, including river and harbor
+ improvements and arsenals............................... 38,116,916.22
+ For the naval establishment, including vessels, machinery,
+ and improvements at navy-yards.......................... 13,536,984.74
+ For miscellaneous expenditures, including public buildings,
+ light-houses, and collecting the revenue................ 34,535,691.00
+ For expenditures on account of the District of Columbia.. 3,272,384.63
+ For interest on the public debt......................... 95,757,575.11
+ For premium on bonds purchased........................... 2,795,320.42
+
+
+leaving a surplus revenue of $65,883,653.20, which, with an amount
+drawn from the cash balance in Treasury of $8,084,434.21, making
+$73,968,087.41, was applied to the redemption--
+
+ Of bonds for the sinking fund.......................... $73,652,900.00
+ Of fractional currency..................................... 251,717.41
+ Of the loan of 1858......................................... 40,000.00
+ Of temporary loan.............................................. 100.00
+ Of bounty-land scrip............................................ 25.00
+ Of compound-interest notes.................................. 16,500.00
+ Of 7.30 notes of 1864-65..................................... 2,650.00
+ Of one and two year notes.................................... 3,700.00
+ Of old demand notes............................................ 495.00
+
+ Total................................................... 73,968,087.41
+
+
+The amount due the sinking fund for this year was $37,931,643.55.
+There was applied thereto the sum of $73,904,617.41, being
+$35,972,973.86 in excess of the actual requirements for the year.
+
+The aggregate of the revenues from all sources during the fiscal
+year ended June 30, 1880, was $333,526,610.98, an increase over the
+preceding year of $59,699,426.52. The receipts thus far of the current
+year, together with the estimated receipts for the remainder of the
+year, amount to $350,000,000, which will be sufficient to meet the
+estimated expenditures of the year and leave a surplus of $90,000,000.
+
+It is fortunate that this large surplus revenue occurs at a period
+when it may be directly applied to the payment of the public debt soon
+to be redeemable. No public duty has been more constantly cherished
+in the United States than the policy of paying the nation's debt as
+rapidly as possible.
+
+The debt of the United States, less cash in the Treasury and exclusive
+of accruing interest, attained its maximum of $2,756,431,571.43
+in August, 1865, and has since that time been reduced to
+$1,886,019,504.65. Of the principal of the debt, $108,758,100 has been
+paid since March 1, 1877, effecting an annual saving of interest of
+$6,107,593. The burden of interest has also been diminished by the
+sale of bonds bearing a low rate of interest and the application of
+the proceeds to the redemption of bonds bearing a higher rate. The
+annual saving thus secured since March 1, 1877, is $14,290,453.50.
+Within a short period over six hundred millions of 5 and 6 per
+cent bonds will become redeemable. This presents a very favorable
+opportunity not only to further reduce the principal of the debt, but
+also to reduce the rate of interest on that which will remain unpaid.
+I call the attention of Congress to the views expressed on this
+subject by the Secretary of the Treasury in his annual report, and
+recommend prompt legislation to enable the Treasury Department to
+complete the refunding of the debt which is about to mature.
+
+The continuance of specie payments has not been interrupted or
+endangered since the date of resumption. It has contributed greatly
+to the revival of business and to our remarkable prosperity. The fears
+that preceded and accompanied resumption have proved groundless. No
+considerable amount of United States notes have been presented for
+redemption, while very large sums of gold bullion, both domestic and
+imported, are taken to the mints and exchanged for coin or notes. The
+increase of coin and bullion in the United States since January 1,
+1879, is estimated at $227,399,428.
+
+There are still in existence, uncanceled, $346,681,016 of United
+States legal-tender notes. These notes were authorized as a war
+measure, made necessary by the exigencies of the conflict in which
+the United States was then engaged. The preservation of the nation's
+existence required, in the judgment of Congress, an issue of
+legal-tender paper money. That it served well the purpose for which
+it was created is not questioned, but the employment of the notes as
+paper money indefinitely, after the accomplishment of the object for
+which they were provided, was not contemplated by the framers of the
+law under which they were issued. These notes long since became, like
+any other pecuniary obligation of the Government, a debt to be paid,
+and when paid to be canceled as mere evidence of an indebtedness
+no longer existing. I therefore repeat what was said in the annual
+message of last year, that the retirement from circulation of United
+States notes with the capacity of legal tender in private contracts is
+a step to be taken in our progress toward a safe and stable currency
+which should be accepted as the policy and duty of the Government and
+the interest and security of the people.
+
+At the time of the passage of the act now in force requiring the
+coinage of silver dollars, fixing their value, and giving them
+legal-tender character it was believed by many of the supporters of
+the measure that the silver dollar which it authorized would speedily
+become, under the operations of the law, of equivalent value to the
+gold dollar. There were other supporters of the bill, who, while
+they doubted as to the probability of this result, nevertheless were
+willing to give the proposed experiment a fair trial, with a view to
+stop the coinage if experience should prove that the silver dollar
+authorized by the bill continued to be of less commercial value than
+the standard gold dollar.
+
+The coinage of silver dollars under the act referred to began in
+March, 1878, and has been continued as required by the act. The
+average rate per month to the present time has been $2,276,492. The
+total amount coined prior to the 1st of November last was $72,847,750.
+Of this amount $47,084,450 remain in the Treasury, and only
+$25,763,291 are in the hands of the people. A constant effort has been
+made to keep this currency in circulation, and considerable expense
+has been necessarily incurred for this purpose; but its return to the
+Treasury is prompt and sure. Contrary to the confident anticipation of
+the friends of the measure at the time of its adoption, the value
+of the silver dollar containing 412-1/2 grains of silver has
+not increased. During the year prior to the passage of the bill
+authorizing its coinage the market value of the silver which it
+contained was from 90 to 92 cents as compared with the standard gold
+dollar. During the last year the average market value of the silver
+dollar has been 88-1/2 cents.
+
+It is obvious that the legislation of the last Congress in regard to
+silver, so far as it was based on an anticipated rise in the value
+of silver as a result of that legislation, has failed to produce the
+effect then predicted. The longer the law remains in force, requiring,
+as it does, the coinage of a nominal dollar which in reality is not
+a dollar, the greater becomes the danger that this country will be
+forced to accept a single metal as the sole legal standard of value in
+circulation, and this a standard of less value than it purports to be
+worth in the recognized money of the world.
+
+The Constitution of the United States, sound financial principles,
+and our best interests all require that the country should have as its
+legal-tender money both gold and silver coin of an intrinsic value,
+as bullion, equivalent to that which upon its face it purports to
+possess. The Constitution in express terms recognizes both gold and
+silver as the only true legal-tender money. To banish either of these
+metals from our currency is to narrow and limit the circulating medium
+of exchange to the disparagement of important interests. The United
+States produces more silver than any other country, and is directly
+interested in maintaining it as one of the two precious metals which
+furnish the coinage of the world. It will, in my judgment, contribute
+to this result if Congress will repeal so much of existing legislation
+as requires the coinage of silver dollars containing only 412-1/2
+grains of silver, and in its stead will authorize the Secretary of the
+Treasury to coin silver dollars of equivalent value, as bullion, with
+gold dollars. This will defraud no man, and will be in accordance with
+familiar precedents. Congress on several occasions has altered the
+ratio of value between gold and silver, in order to establish it more
+nearly in accordance with the actual ratio of value between the two
+metals.
+
+In financial legislation every measure in the direction of greater
+fidelity in the discharge of pecuniary obligations has been found
+by experience to diminish the rates of interest which debtors are
+required to pay and to increase the facility with which money can
+be obtained for every legitimate purpose. Our own recent financial
+history shows how surely money becomes abundant whenever confidence
+in the exact performance of moneyed obligations is established.
+
+The Secretary of War reports that the expenditures of the
+War Department for the fiscal year ended June 30, 1880, were
+$39,924,773.03. The appropriations for this Department for the current
+fiscal year amount to $41,993,630.40.
+
+With respect to the Army, the Secretary invites attention to the fact
+that its strength is limited by statute (U.S. Revised Statutes,
+sec. 1115) to not more than 30,000 enlisted men, but that provisos
+contained in appropriation bills have limited expenditures to the
+enlistment of but 25,000. It is believed the full legal strength is
+the least possible force at which the present organization can be
+maintained, having in view efficiency, discipline, and economy. While
+the enlistment of this force would add somewhat to the appropriation
+for pay of the Army, the saving made in other respects would be more
+than an equivalent for this additional outlay, and the efficiency of
+the Army would be largely increased.
+
+The rapid extension of the railroad system west of the Mississippi
+River and the great tide of settlers which has flowed in upon new
+territory impose on the military an entire change of policy. The
+maintenance of small posts along wagon and stage routes of travel
+is no longer necessary. Permanent quarters at points selected, of a
+more substantial character than those heretofore constructed, will be
+required. Under existing laws permanent buildings can not be erected
+without the sanction of Congress, and when sales of military sites
+and buildings have been authorized the moneys received have reverted
+to the Treasury and could only become available through a new
+appropriation. It is recommended that provision be made by a general
+statute for the sale of such abandoned military posts and buildings as
+are found to be unnecessary and for the application of the proceeds
+to the construction of other posts. While many of the present posts
+are of but slight value for military purposes, owing to the changed
+condition of the country, their occupation is continued at great
+expense and inconvenience, because they afford the only available
+shelter for troops.
+
+The absence of a large number of officers of the line, in active duty,
+from their regiments is a serious detriment to the maintenance of
+the service. The constant demand for small detachments, each of which
+should be commanded by a commissioned officer, and the various details
+of officers for necessary service away from their commands occasion
+a scarcity in the number required for company duties. With a view to
+lessening this drain to some extent, it is recommended that the law
+authorizing the detail of officers from the active list as professors
+of tactics and military science at certain colleges and universities
+be so amended as to provide that all such details be made from the
+retired list of the Army.
+
+Attention is asked to the necessity of providing by legislation for
+organizing, arming, and disciplining the _active_ militia of the
+country, and liberal appropriations are recommended in this behalf.
+The reports of the Adjutant-General of the Army and the Chief of
+Ordnance touching this subject fully set forth its importance.
+
+The report of the officer in charge of education in the Army shows
+that there are 78 schools now in operation in the Army, with an
+aggregate attendance of 2,305 enlisted men and children. The Secretary
+recommends the enlistment of 150 schoolmasters, with the rank and
+pay of commissary-sergeants. An appropriation is needed to supply the
+judge-advocates of the Army with suitable libraries, and the Secretary
+recommends that the Corps of Judge-Advocates be placed upon the same
+footing as to promotion with the other staff corps of the Army. Under
+existing laws the Bureau of Military Justice consists of one officer
+(the Judge-Advocate-General), and the Corps of Judge-Advocates of
+eight officers of equal rank (majors), with a provision that the
+limit of the corps shall remain at four when reduced by casualty
+or resignation to that number. The consolidation of the Bureau of
+Military Justice and the Corps of Judge-Advocates upon the same
+basis with the other staff corps of the Army would remove an unjust
+discrimination against deserving officers and subserve the best
+interests of the service.
+
+Especial attention is asked to the report of the Chief of Engineers
+upon the condition of our national defenses. From a personal
+inspection of many of the fortifications referred to, the Secretary
+is able to emphasize the recommendations made and to state that their
+incomplete and defenseless condition is discreditable to the country.
+While other nations have been increasing their means for carrying on
+offensive warfare and attacking maritime cities, we have been dormant
+in preparation for defense. Nothing of importance has been done toward
+strengthening and finishing our casemated works since our late civil
+war, during which the great guns of modern warfare and the heavy armor
+of modern fortifications and ships came into use among the nations;
+and our earthworks, left by a sudden failure of appropriations some
+years since in all stages of incompletion, are now being rapidly
+destroyed by the elements.
+
+The two great rivers of the North American continent, the Mississippi
+and the Columbia, have their navigable waters wholly within the limits
+of the United States, and are of vast importance to our internal and
+foreign commerce. The permanency of the important work on the South
+Pass of the Mississippi River seems now to be assured. There has been
+no failure whatever in the maintenance of the maximum channel during
+the six months ended August 9 last. This experiment has opened a
+broad, deep highway to the ocean, and is an improvement upon the
+permanent success of which congratulations may be exchanged among
+people abroad and at home, and especially among the communities of
+the Mississippi Valley, whose commercial exchanges float in an
+unobstructed channel safely to and from the sea.
+
+A comprehensive improvement of the Mississippi and its tributaries is
+a matter of transcendent importance. These great waterways comprise
+a system of inland transportation spread like network over a large
+portion of the United States, and navigable to the extent of many
+thousands of miles. Producers and consumers alike have a common
+interest in such unequaled facilities for cheap transportation.
+Geographically, commercially, and politically, they are the strongest
+tie between the various sections of the country. These channels of
+communication and interchange are the property of the nation.
+Its jurisdiction is paramount over their waters, and the plainest
+principles of public interest require their intelligent and careful
+supervision, with a view to their protection, improvement, and the
+enhancement of their usefulness.
+
+The channel of the Columbia River for a distance of about 100 miles
+from its mouth is obstructed by a succession of bars, which occasion
+serious delays in navigation and heavy expense for lighterage and
+towage. A depth of at least 20 feet at low tide should be secured
+and maintained to meet the requirements of the extensive and growing
+inland and ocean commerce it subserves. The most urgent need, however,
+for this great waterway is a permanent improvement of the channel at
+the mouth of the river.
+
+From Columbia River to San Francisco, a distance of over 600 miles,
+there is no harbor on our Pacific coast which can be approached
+during stormy weather. An appropriation of $150,000 was made by the
+Forty-fifth Congress for the commencement of a breakwater and harbor
+of refuge, to be located at some point between the Straits of Fuca and
+San Francisco at which the necessities of commerce, local and general,
+will be best accommodated. The amount appropriated is thought to be
+quite inadequate for the purpose intended. The cost of the work, when
+finished, will be very great, owing to the want of natural advantages
+for a site at any point on the coast between the designated limits,
+and it has not been thought to be advisable to undertake the work
+without a larger appropriation. I commend the matter to the attention
+of Congress.
+
+The completion of the new building for the War Department is urgently
+needed, and the estimates for continuing its construction are
+especially recommended.
+
+The collections of books, specimens, and records constituting the Army
+Medical Museum and Library are of national importance. The library
+now contains about 51,500 volumes and 57,000 pamphlets relating to
+medicine, surgery, and allied topics. The contents of the Army Medical
+Museum consist of 22,000 specimens, and are unique in the completeness
+with which both military surgery and the diseases of armies are
+illustrated. Their destruction would be an irreparable loss, not only
+to the United States, but to the world. There are filed in the Record
+and Pension Division over 16,000 bound volumes of hospital records,
+together with a great quantity of papers, embracing the original
+records of the hospitals of our armies during the civil war. Aside
+from their historical value, these records are daily searched for
+evidence needed in the settlement of large numbers of pension and
+other claims, for the protection of the Government against attempted
+frauds, as well as for the benefit of honest claimants. These valuable
+collections are now in a building which is peculiarly exposed to the
+danger of destruction by fire. It is therefore earnestly recommended
+that an appropriation be made for a new fireproof building, adequate
+for the present needs and reasonable future expansion of these
+valuable collections. Such a building should be absolutely fireproof;
+no expenditure for mere architectural display is required. It is
+believed that a suitable structure can be erected at a cost not to
+exceed $250,000.
+
+I commend to the attention of Congress the great services of the
+Commander in Chief of our armies during the war for the Union, whose
+wise, firm, and patriotic conduct did so much to bring that momentous
+conflict to a close. The legislation of the United States contains
+many precedents for the recognition of distinguished military merit,
+authorizing rank and emoluments to be conferred for eminent services
+to the country. An act of Congress authorizing the appointment of
+a Captain-General of the Army, with suitable provisions relating to
+compensation, retirement, and other details, would, in my judgment,
+be altogether fitting and proper, and would be warmly approved by the
+country.
+
+The report of the Secretary of the Navy exhibits the successful and
+satisfactory management of that Department during the last fiscal
+year. The total expenditures for the year were $12,916,639.45, leaving
+unexpended at the close of the year $2,141,682.23 of the amount of
+available appropriations. The appropriations for the present fiscal
+year, ending June 30, 1881, are $15,095,061.45, and the total
+estimates for the next fiscal year, ending June 30, 1882, are
+$15,953,751.61. The amount drawn by warrant from July 1, 1880, to
+November 1, 1880, is $5,041,570.45.
+
+The recommendation of the Secretary of the Navy that provision be made
+for the establishment of some form of civil government for the people
+of Alaska is approved. At present there is no protection of persons or
+property in that Territory except such as is afforded by the officers
+of the United States ship _Jamestown_. This vessel was dispatched to
+Sitka because of the fear that without the immediate presence of the
+national authority there was impending danger of anarchy. The steps
+taken to restore order have been accepted in good faith by both white
+and Indian inhabitants, and the necessity for this method of restraint
+does not, in my opinion, now exist. If, however, the _Jamestown_
+should be withdrawn, leaving the people, as at present, without the
+ordinary judicial and administrative authority of organized local
+government, serious consequences might ensue.
+
+The laws provide only for the collection of revenue, the protection of
+public property, and the transmission of the mails. The problem is to
+supply a local rule for a population so scattered and so peculiar in
+its origin and condition. The natives are reported to be teachable and
+self-supporting, and if properly instructed doubtless would advance
+rapidly in civilization, and a new factor of prosperity would be added
+to the national life. I therefore recommend the requisite legislation
+upon this subject.
+
+The Secretary of the Navy has taken steps toward the establishment
+of naval coaling stations at the Isthmus of Panama, to meet the
+requirements of our commercial relations with Central and South
+America, which are rapidly growing in importance. Locations eminently
+suitable, both as regards our naval purposes and the uses of commerce,
+have been selected, one on the east side of the Isthmus, at Chiriqui
+Lagoon, in the Caribbean Sea, and the other on the Pacific coast, at
+the Bay of Golfito. The only safe harbors, sufficiently commodious, on
+the Isthmus are at these points, and the distance between them is less
+than 100 miles. The report of the Secretary of the Navy concludes with
+valuable suggestions with respect to the building up of our merchant
+marine service, which deserve the favorable consideration of Congress.
+
+The report of the Postmaster-General exhibits the continual growth and
+the high state of efficiency of the postal service. The operations
+of no Department of the Government, perhaps, represent with greater
+exactness the increase in the population and the business of the
+country. In 1860 the postal receipts were $8,518,067.40; in 1880 the
+receipts were $33,315,479.34. All the inhabitants of the country are
+directly and personally interested in having proper mail facilities,
+and naturally watch the Post-Office very closely. This careful
+oversight on the part of the people has proved a constant stimulus
+to improvement. During the past year there was an increase of 2,134
+post-offices, and the mail routes were extended 27,177 miles, making
+an additional annual transportation of 10,804,191 miles. The
+revenues of the postal service for the ensuing year are estimated
+at $38,845,174.10, and the expenditures at $42,475,932, leaving a
+deficiency to be appropriated out of the Treasury of $3,630,757.90.
+
+The Universal Postal Union has received the accession of almost all
+the countries and colonies of the world maintaining organized postal
+services, and it is confidently expected that all the other countries
+and colonies now outside the union will soon unite therewith, thus
+realizing the grand idea and aim of the founders of the union of
+forming, for purposes of international mail communication, a single
+postal territory, embracing the world, with complete uniformity
+of postal charges and conditions of international exchange for all
+descriptions of correspondence. To enable the United States to do its
+full share of this great work, additional legislation is asked by the
+Postmaster-General, to whose recommendations especial attention is
+called.
+
+The suggestion of the Postmaster-General that it would be wise to
+encourage, by appropriate legislation, the establishment of American
+lines of steamers by our own citizens to carry the mails between our
+own ports and those of Mexico, Central America, South America, and of
+transpacific countries is commended to the serious consideration of
+Congress.
+
+The attention of Congress is also invited to the suggestions of the
+Postmaster-General in regard to postal savings.
+
+The necessity for additional provision to aid in the transaction of
+the business of the Federal courts becomes each year more apparent.
+The dockets of the Supreme Court and of the circuit courts in the
+greater number of the circuits are encumbered with the constant
+accession of cases. In the former court, and in many instances in
+the circuit courts, years intervene before it is practicable to bring
+cases to hearing.
+
+The Attorney-General recommends the establishment of an intermediate
+court of errors and appeals. It is recommended that the number of
+judges of the circuit court in each circuit, with the exception of the
+second circuit, should be increased by the addition of another
+judge; in the second circuit, that two should be added; and that an
+intermediate appellate court should be formed in each circuit, to
+consist of the circuit judges and the circuit justice, and that in the
+event of the absence of either of these judges the place of the absent
+judge should be supplied by the judge of one of the district courts
+in the circuit. Such an appellate court could be safely invested with
+large jurisdiction, and its decisions would satisfy suitors in many
+cases where appeals would still be allowed to the Supreme Court.
+The expense incurred for this intermediate court will require a
+very moderate increase of the appropriations for the expenses of the
+Department of Justice. This recommendation is commended to the careful
+consideration of Congress.
+
+It is evident that a delay of justice, in many instances oppressive
+and disastrous to suitors, now necessarily occurs in the Federal
+courts, which will in this way be remedied.
+
+The report of the Secretary of the Interior presents an elaborate
+account of the operations of that Department during the past year. It
+gives me great pleasure to say that our Indian affairs appear to be in
+a more hopeful condition now than ever before. The Indians have made
+gratifying progress in agriculture, herding, and mechanical pursuits.
+Many who were a few years ago in hostile conflict with the Government
+are quietly settling down on farms where they hope to make their
+permanent homes, building houses and engaging in the occupations of
+civilized life. The introduction of the freighting business among them
+has been remarkably fruitful of good results, in giving many of
+them congenial and remunerative employment and in stimulating their
+ambition to earn their own support. Their honesty, fidelity, and
+efficiency as carriers are highly praised. The organization of a
+police force of Indians has been equally successful in maintaining law
+and order upon the reservations and in exercising a wholesome moral
+influence among the Indians themselves. I concur with the Secretary
+of the Interior in the recommendation that the pay of this force be
+increased, as an inducement to the best class of young men to enter
+it.
+
+Much care and attention has been devoted to the enlargement of
+educational facilities for the Indians. The means available for this
+important object have been very inadequate. A few additional boarding
+schools at Indian agencies have been established and the erection
+of buildings has been begun for several more; but an increase of the
+appropriations for this interesting undertaking is greatly needed to
+accommodate the large number of Indian children of school age. The
+number offered by their parents from all parts of the country for
+education in the Government schools is much larger than can be
+accommodated with the means at present available for that purpose. The
+number of Indian pupils at the normal school at Hampton, Va., under
+the direction of General Armstrong, has been considerably increased,
+and their progress is highly encouraging. The Indian school
+established by the Interior Department in 1879 at Carlisle, Pa., under
+the direction of Captain Pratt, has been equally successful. It has
+now nearly 200 pupils of both sexes, representing a great variety
+of the tribes east of the Rocky Mountains. The pupils in both these
+institutions receive not only an elementary English education, but
+are also instructed in housework, agriculture, and useful mechanical
+pursuits. A similar school was established this year at Forest Grove,
+Oreg., for the education of Indian youth on the Pacific Coast. In
+addition to this, thirty-six Indian boys and girls were selected
+from the Eastern Cherokees and placed in boarding schools in North
+Carolina, where they are to receive an elementary English education
+and training in industrial pursuits. The interest shown by Indian
+parents, even among the so-called wild tribes, in the education of
+their children is very gratifying, and gives promise that the results
+accomplished by the efforts now making will be of lasting benefit.
+
+The expenses of Indian education have so far been drawn from the
+permanent civilization fund at the disposal of the Department of the
+Interior, but the fund is now so much reduced that the continuance
+of this beneficial work will in the future depend on specific
+appropriations by Congress for the purpose; and I venture to express
+the hope that Congress will not permit institutions so fruitful of
+good results to perish for want of means for their support. On the
+contrary, an increase of the number of such schools appears to me
+highly advisable.
+
+The past year has been unusually free from disturbances among the
+Indian tribes. An agreement has been made with the Utes by which they
+surrender their large reservation in Colorado in consideration of
+an annuity to be paid to them, and agree to settle in severalty
+on certain lands designated for that purpose, as farmers, holding
+individual title to their land in fee-simple, inalienable for a
+certain period. In this way a costly Indian war has been avoided,
+which at one time seemed imminent, and for the first time in the
+history of the country an Indian nation has given up its tribal
+existence to be settled in severalty and to live as individuals under
+the common protection of the laws of the country.
+
+The conduct of the Indians throughout the country during the past
+year, with but few noteworthy exceptions, has been orderly and
+peaceful. The guerrilla warfare carried on for two years by Victoria
+and his band of Southern Apaches has virtually come to an end by the
+death of that chief and most of his followers on Mexican soil. The
+disturbances caused on our northern frontier by Sitting Bull and his
+men, who had taken refuge in the British dominions, are also likely
+to cease. A large majority of his followers have surrendered to our
+military forces, and the remainder are apparently in progress of
+disintegration.
+
+I concur with the Secretary of the Interior in expressing the earnest
+hope that Congress will at this session take favorable action on
+the bill providing for the allotment of lands on the different
+reservations in severalty to the Indians, with patents conferring
+fee-simple title inalienable for a certain period, and the eventual
+disposition of the residue of the reservations for general settlement,
+with the consent and for the benefit of the Indians, placing the
+latter under the equal protection of the laws of the country. This
+measure, together with a vigorous prosecution of our educational
+efforts, will work the most important and effective advance toward the
+solution of the Indian problem, in preparing for the gradual merging
+of our Indian population in the great body of American citizenship.
+
+A large increase is reported in the disposal of public lands for
+settlement during the past year, which marks the prosperous growth of
+our agricultural industry and a vigorous movement of population toward
+our unoccupied lands. As this movement proceeds, the codification
+of our land laws, as well as proper legislation to regulate the
+disposition of public lands, become of more pressing necessity, and I
+therefore invite the consideration of Congress to the report and the
+accompanying draft of a bill made by the Public Lands Commission,
+which were communicated by me to Congress at the last session. Early
+action upon this important subject is highly desirable.
+
+The attention of Congress is again asked to the wasteful depredations
+committed on our public timber lands and the rapid and indiscriminate
+destruction of our forests. The urgent necessity for legislation to
+this end is now generally recognized. In view of the lawless character
+of the depredations committed and the disastrous consequences which
+will inevitably follow their continuance, legislation has again and
+again been recommended to arrest the evil and to preserve for the
+people of our Western States and Territories the timber needed for
+domestic and other essential uses.
+
+The report of the Director of the Geological Survey is a document
+of unusual interest. The consolidation of the various geological and
+geographical surveys and exploring enterprises, each of which has
+heretofore operated upon an independent plan, without concert, can
+not fail to be of great benefit to all those industries of the country
+which depend upon the development of our mineral resources. The labors
+of the scientific men, of recognized merit, who compose the corps
+of the Geological Survey, during the first season of their field
+operations and inquiries, appear to have been very comprehensive,
+and will soon be communicated to Congress in a number of volumes.
+The Director of the Survey recommends that the investigations carried
+on by his bureau, which so far have been confined to the so-called
+public-land States and Territories, be extended over the entire country,
+and that the necessary appropriation be made for this purpose. This
+would be particularly beneficial to the iron, coal, and other mining
+interests of the Mississippi Valley and of the Eastern and Southern
+States. The subject is commended to the careful consideration of
+Congress.
+
+The Secretary of the Interior asks attention to the want of room in
+the public buildings of the capital, now existing and in progress of
+construction, for the accommodation of the clerical force employed and
+of the public records. Necessity has compelled the renting of private
+buildings in different parts of the city for the location of public
+offices, for which a large amount of rent is annually paid, while the
+separation of offices belonging to the same Department impedes the
+transaction of current business. The Secretary suggests that the
+blocks surrounding Lafayette Square on the east, north, and west be
+purchased as the sites for new edifices for the accommodation of the
+Government offices, leaving the square itself intact, and that if such
+buildings were constructed upon a harmonious plan of architecture
+they would add much to the beauty of the national capital, and would,
+together with the Treasury and the new State, Navy, and War Department
+building, form one of the most imposing groups of public edifices in
+the world.
+
+The Commissioner of Agriculture expresses the confident belief that
+his efforts in behalf of the production of our own sugar and tea have
+been encouragingly rewarded. The importance of the results attained
+have attracted marked attention at home and have received the special
+consideration of foreign nations. The successful cultivation of our
+own tea and the manufacture of our own sugar would make a difference
+of many millions of dollars annually in the wealth of the nation.
+
+The report of the Commissioner asks attention particularly to the
+continued prevalence of an infectious and contagious cattle
+disease known and dreaded in Europe and Asia as cattle plague, or
+pleuro-pneumonia. A mild type of this disease in certain sections
+of our country is the occasion of great loss to our farmers and of
+serious disturbance to our trade with Great Britain, which furnishes
+a market for most of our live stock and dressed meats. The value of
+neat cattle exported from the United States for the eight months ended
+August 31, 1880, was more than $12,000,000, and nearly double the
+value for the same period in 1879--an unexampled increase of export
+trade. Your early attention is solicited to this important matter.
+
+The Commissioner of Education reports a continued increase of public
+interest in educational affairs, and that the public schools generally
+throughout the country are well sustained. Industrial training
+is attracting deserved attention, and colleges for instruction,
+theoretical and practical, in agriculture and mechanic arts, including
+the Government schools recently established for the instruction
+of Indian youth, are gaining steadily in public estimation. The
+Commissioner asks special attention to the depredations committed on
+the lands reserved for the future support of public instruction, and
+to the very great need of help from the nation for schools in the
+Territories and in the Southern States. The recommendation heretofore
+made is repeated and urged, that an educational fund be set apart from
+the net proceeds of the sales of the public lands annually, the
+income of which and the remainder of the net annual proceeds to
+be distributed on some satisfactory plan to the States and the
+Territories and the District of Columbia.
+
+The success of the public schools of the District of Columbia, and
+the progress made, under the intelligent direction of the board
+of education and the superintendent, in supplying the educational
+requirements of the District with thoroughly trained and efficient
+teachers, is very gratifying. The acts of Congress, from time to time,
+donating public lands to the several States and Territories in aid
+of educational interests have proved to be wise measures of public
+policy, resulting in great and lasting benefit. It would seem to be a
+matter of simple justice to extend the benefits of this legislation,
+the wisdom of which has been so fully vindicated by experience, to the
+District of Columbia.
+
+I again commend the general interests of the District of Columbia
+to the favorable consideration of Congress. The affairs of the
+District, as shown by the report of the Commissioners, are in a very
+satisfactory condition.
+
+In my annual messages heretofore and in my special message of December
+19, 1879, I have urged upon the attention of Congress the necessity of
+reclaiming the marshes of the Potomac adjacent to the capital, and I
+am constrained by its importance to advert again to the subject. These
+flats embrace an area of several hundred acres. They are an impediment
+to the drainage of the city and seriously impair its health. It is
+believed that with this substantial improvement of its river front the
+capital would be in all respects one of the most attractive cities
+in the world. Aside from its permanent population, this city is
+necessarily the place of residence of persons from every section of
+the country engaged in the public service. Many others reside here
+temporarily for the transaction of business with the Government.
+
+It should not be forgotten that the land acquired will probably be
+worth the cost of reclaiming it and that the navigation of the river
+will be greatly improved. I therefore again invite the attention of
+Congress to the importance of prompt provision for this much needed
+and too long delayed improvement.
+
+The water supply of the city is inadequate. In addition to the
+ordinary use throughout the city, the consumption by Government is
+necessarily very great in the navy-yard, arsenal, and the various
+Departments, and a large quantity is required for the proper
+preservation of the numerous parks and the cleansing of sewers. I
+recommend that this subject receive the early attention of Congress,
+and that in making provision for an increased supply such means be
+adopted as will have in view the future growth of the city. Temporary
+expedients for such a purpose can not but be wasteful of money,
+and therefore unwise. A more ample reservoir, with corresponding
+facilities for keeping it filled, should, in my judgment, be
+constructed. I commend again to the attention of Congress the subject
+of the removal from their present location of the depots of the
+several railroads entering the city; and I renew the recommendations
+of my former messages in behalf of the erection of a building for the
+Congressional Library, the completion of the Washington Monument, and
+of liberal appropriations in support of the benevolent, reformatory,
+and penal institutions of the District.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 9, 1880_.
+
+_To the Senate of the United States:_
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for the establishment, on fixed and uniform
+bases, of the exercise of the right of protection in Morocco, and for
+the settlement of certain questions connected therewith, between His
+Excellency the President of the United States of America; His Majesty
+the Emperor of Germany, King of Prussia; His Majesty the Emperor of
+Austria, King of Hungary; His Majesty the King of the Belgians;
+His Majesty the King of Denmark; His Majesty the King of Spain; His
+Excellency the President of the French Republic; Her Majesty the Queen
+of the United Kingdom of Great Britain and Ireland; His Majesty the
+King of Italy; His Majesty the Sultan of Morocco; His Majesty the King
+of the Netherlands; His Majesty the King of Portugal and the Algarves,
+and His Majesty the King of Sweden and Norway, signed at Madrid on the
+3d day of July last.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 13, 1880_.
+
+_To the Senate of the United States:_
+
+The accompanying documents, received from the Commissioner of
+Agriculture, are transmitted to the Senate in reply to the resolution
+of the 7th instant, relating to contagious diseases of cattle.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 5, 1881_.
+
+_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 Empire of Japan, providing for the reimbursement of certain
+specified expenses which may be incurred by either country in
+consequence of the shipwreck on its coasts of the vessels of the
+other.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 5, 1881_.
+
+_To the Senate of the United States:_
+
+In response to the resolution of the Senate of June 21, 1879, I
+herewith transmit reports[42] received from the Secretary of the
+Interior and the Secretary of War.
+
+R.B. HAYES.
+
+[Footnote 42: Transmitting statements of the number of soldiers and
+civilians killed and wounded, number of Indians killed, value of
+property destroyed, and expenses incurred by the United States in
+certain Indian wars from 1865 to 1879.]
+
+
+
+EXECUTIVE MANSION, _Washington, January 10, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate, two
+treaties[43] signed at Peking on the 17th of November, 1880, by
+the commissioners plenipotentiary of the United States and China,
+respectively, together with a letter of the Secretary of State in
+relation thereto, and accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 43: (1) Regulation of Chinese immigration into the United
+States (2) commercial intercourse and judicial procedure.]
+
+
+
+EXECUTIVE MANSION, _Washington, January 10, 1881_.
+
+_To the House of Representatives_:
+
+I submit herewith, for the information of the House of
+Representatives, copies of correspondence with the Department of State
+relating to an invitation extended by the French Republic to this
+Government to send one or more delegates to represent it at an
+international congress of electricians to be held at Paris on the 15th
+day of September, 1881. It appears from the same correspondence that
+an international exhibition of electricity is to be held at the palace
+of the Champs Élysées, in Paris, from August 15, 1881, to the 15th
+of November following, and it is therefore suggested by the French
+authorities that it might be well to invest the delegates selected to
+take part in the international congress with the additional character
+of commissioners to the international exhibition of electricity.
+
+In view of the important scientific, industrial, and commercial
+interests designed to be promoted by the proposed international
+congress of electricians and exhibition of electricity, I submit the
+subject to your favorable consideration and recommend that a suitable
+appropriation be made to enable this Government to accept the
+foregoing invitation by appointing one or more delegates to attend the
+congress in question.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 18, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to submit herewith the report of the Public
+Lands Commission, embracing the history and a codification of the
+public-land laws; and I desire earnestly to invite the attention of
+Congress to this important subject.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 20, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a letter from the Secretary of
+State, with accompanying papers, in relation to the recent effort of
+the Government of the United States to bring about peace between Chile
+and Peru and, Bolivia.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 1, 1881_.
+
+_To the Senate and House of Representatives_:
+
+In compliance with the request of a large number of intelligent
+and benevolent citizens, and believing that it was warranted by the
+extraordinary circumstances of the case, on the 18th day of December,
+1880, I appointed a commission consisting of George Crook and Nelson
+A. Miles, brigadier-generals in the Army; William Stickney, of
+the District of Columbia, and Walter Allen, of Massachusetts,
+and requested them to confer with the Ponca Indians in the Indian
+Territory, and, if in their judgment it was advisable, also with that
+part of the tribe which remained in Dakota, and "to ascertain the
+facts in regard to their removal and present condition so far as was
+necessary to determine the question as to what justice and humanity
+required should be done by the Government of the United States, and to
+report their conclusions and recommendations in the premises."
+
+The commission, in pursuance of these instructions, having visited the
+Ponca Indians at their homes in the Indian Territory and in Dakota
+and made a careful investigation of the subject referred to them, have
+reported their conclusions and recommendations, and I now submit their
+report, together with the testimony taken, for the consideration of
+Congress. A minority report by Mr. Allen is also herewith submitted.
+
+On the 27th of December, 1880, a delegation of Ponca chiefs from the
+Indian Territory presented to the Executive a declaration of their
+wishes, in which they stated that it was their desire "to remain on
+the lands now occupied by the Poncas in the Indian Territory" and "to
+relinquish all their right and interest in the lands formerly owned
+and occupied by the Ponca tribe in the State of Nebraska and the
+Territory of Dakota;" and the declaration sets forth the compensation
+which they will accept for the lands to be surrendered and for the
+injuries done to the tribe by their removal to the Indian Territory.
+This declaration, agreeably to the request of the chiefs making it, is
+herewith transmitted to Congress.
+
+The public attention has frequently been called to the injustice and
+wrong which the Ponca tribe of Indians has suffered at the hands of
+the Government of the United States. This subject was first brought
+before Congress and the country by the Secretary of the Interior in
+his annual report for the year 1877, in which he said:
+
+ The case of the Poncas seems entitled to especial
+ consideration at the hands of Congress. They have always been
+ friendly to the whites. It is said, and, as far as I have been
+ able to learn, truthfully, that no Ponca ever killed a
+ white man. The orders of the Government have always met with
+ obedient compliance at their hands. Their removal from their
+ old homes on the Missouri River was to them a great hardship.
+ They had been born and raised there. They had houses there in
+ which they lived according to their ideas of comfort. Many
+ of them had engaged in agriculture and possessed cattle and
+ agricultural implements. They were very reluctant to leave all
+ this, but when Congress had resolved upon their removal they
+ finally overcame that reluctance and obeyed. Considering
+ their constant good conduct, their obedient spirit, and the
+ sacrifices they have made, they are certainly entitled to
+ more than ordinary care at the hands of the Government, and I
+ urgently recommend that liberal provision be made to aid them
+ in their new settlement.
+
+
+In the same volume the report of E.A. Howard, the agent of the Poncas,
+is published, which contains the following:
+
+ * * * * *
+
+ I am of the opinion that the removal of the Poncas from the
+ northern climate of Dakota to the southern climate of the
+ Indian Territory at the season of the year it was done will
+ prove a mistake, and that a great mortality will surely follow
+ among the people when they shall have been here for a time and
+ become poisoned with the malaria of the climate. Already the
+ effects of the climate may be seen upon them in the _ennui_
+ that seems to have settled upon each and in the large number
+ now sick.
+
+ It is a matter of astonishment to me that the Government
+ should have ordered the removal of the Ponca Indians from
+ Dakota to the Indian Territory without having first made
+ some provision for their settlement and comfort. Before their
+ removal was carried into effect an appropriation should have
+ been made by Congress sufficient to have located them in their
+ new home, by building a comfortable house for the occupancy
+ of every family of the tribe. As the case now is, no
+ appropriation has been made by Congress, except for a sum but
+ little more than sufficient to remove them; no houses have
+ been built for their use, and the result is that these people
+ have been placed on an uncultivated reservation to live in
+ their tents as best they may, and await further legislative
+ action.
+
+ * * * * *
+
+ These Indians claim that the Government had no right to move
+ them from their reservation without first obtaining from them
+ by purchase or treaty the title which they had acquired
+ from the Government, and for which they rendered a valuable
+ consideration. They claim that the date of the settlement of
+ their tribe upon the land composing their old reservation is
+ prehistoric; that they were all born there, and that their
+ ancestors from generations back beyond their knowledge were
+ born and lived upon its soil, and that they finally acquired
+ a complete and perfect title from the Government by a treaty
+ made with the "Great Father" at Washington, which they claim
+ made it as legitimately theirs as is the home of the white man
+ acquired by gift or purchase.
+
+ * * * * *
+
+The subject was again referred to in similar terms in the annual
+report of the Interior Department for 1878, in the reports of the
+Commissioner of Indian Affairs and of the agent for the Poncas, and in
+1879 the Secretary of the Interior said:
+
+ That the Poncas were grievously wronged by their removal from
+ their location on the Missouri River to the Indian Territory,
+ their old reservation having, by a mistake in making the Sioux
+ treaty, been transferred to the Sioux, has been at length and
+ repeatedly set forth in my reports, as well as those of the
+ Commissioner of Indian Affairs. All that could be subsequently
+ done by this Department in the absence of new legislation to
+ repair that wrong and to indemnify them for their losses
+ has been done with more than ordinary solicitude. They were
+ permitted to select a new location for themselves in the
+ Indian Territory, the Quapaw Reserve, to which they had first
+ been taken, being objectionable to them. They chose a tract of
+ country on the Arkansas River and the Salt Fork northwest of
+ the Pawnee Reserve. I visited their new reservation personally
+ to satisfy myself of their condition. The lands they now
+ occupy are among the very best in the Indian Territory in
+ point of fertility, well watered and well timbered, and
+ admirably adapted for agriculture as well as stock raising. In
+ this respect their new reservation is unquestionably superior
+ to that which they left behind them on the Missouri River.
+ Seventy houses have been built by and for them, of far better
+ quality than the miserable huts they formerly occupied in
+ Dakota, and the construction of a larger number is now in
+ progress, so that, as the agent reports, every Ponca family
+ will be comfortably housed before January. A very liberal
+ allowance of agricultural implements and stock cattle has been
+ given them, and if they apply themselves to agricultural work
+ there is no doubt that their condition will soon be far more
+ prosperous than it has ever been before. During the first
+ year after their removal to the Indian Territory they lost
+ a comparatively large number of their people by death, in
+ consequence of the change of climate, which is greatly to
+ be deplored; but their sanitary condition is now very much
+ improved. The death rate among them during the present year
+ has been very low, and the number of cases of sickness
+ is constantly decreasing. It is thought that they are now
+ sufficiently acclimated to be out of danger.
+
+ * * * * *
+
+A committee of the Senate, after a very full investigation of the
+subject, on the 31st of May, 1880, reported their conclusions to the
+Senate, and both the majority and minority of the committee agreed
+that "a great wrong had been done to the Ponca Indians." The majority
+of the committee say:
+
+ * * * * *
+
+ Nothing can strengthen the Government in a just policy to the
+ Indians so much as a demonstration of its willingness to do
+ ample and complete justice whenever it can be shown that it
+ has inflicted a wrong upon a weak and trusting tribe. It is
+ impossible for the United States to hope for any confidence to
+ be reposed in them by the Indians until there shall be shown
+ on their part a readiness to do justice.
+
+
+The minority report is equally explicit as to the duty of the
+Government to repair the wrong done the Poncas. It says:
+
+ * * * * *
+
+ We should be more prompt and anxious because they are weak
+ and we are strong. In my judgment we should be liberal to the
+ verge of lavishness in the expenditure of our money to improve
+ their condition, so that they and all others may know that,
+ although, like all nations and all men, we may do wrong, we
+ are willing to make ample reparation.
+
+
+The report of the commission appointed by me, of which General
+Crook was chairman, and the testimony taken by them and their
+investigations, add very little to what was already contained in the
+official reports of the Secretary of the Interior and the report of
+the Senate committee touching the injustice done to the Poncas by
+their removal to the Indian Territory. Happily, however, the evidence
+reported by the commission and their recommendations point out
+conclusively the true measures of redress which the Government of the
+United States ought now to adopt.
+
+The commission in their conclusions omit to state the important facts
+as to the present condition of the Poncas in the Indian Territory, but
+the evidence they have reported shows clearly and conclusively
+that the Poncas now residing in that Territory, 521 in number, are
+satisfied with their new homes; that they are healthy, comfortable,
+and contented, and that they have freely and firmly decided to adhere
+to the choice announced in their letter of October 25, 1880, and
+in the declaration of December 27, 1880, to remain in the Indian
+Territory and not to return to Dakota.
+
+The evidence reported also shows that the fragment of the Ponca
+tribe--perhaps 150 in number--which is still in Dakota and Nebraska
+prefer to remain on their old reservation.
+
+In view of these facts I am convinced that the recommendations of the
+commission, together with the declaration of the chiefs of December
+last, if substantially followed, will afford a solution of the Ponca
+question which is consistent with the wishes and interests of
+both branches of the tribe, with the settled Indian policy of the
+Government, and, as nearly as is now practicable, with the demands of
+justice.
+
+Our general Indian policy for the future should embrace the following
+leading ideas:
+
+1. The Indians should be prepared for citizenship by giving to their
+young of both sexes that industrial and general education which
+is required to enable them to be self-supporting and capable of
+self-protection in a civilized community.
+
+2. Lands should be allotted to the Indians in severalty, inalienable
+for a certain period.
+
+3. The Indians should have a fair compensation for their lands not
+required for individual allotments, the amount to be invested, with
+suitable safeguards, for their benefit.
+
+4. With these prerequisites secured, the Indians should be
+made citizens and invested with the rights and charged with the
+responsibilities of citizenship.
+
+It is therefore recommended that legislation be adopted in relation to
+the Ponca Indians, authorizing the Secretary of the Interior to secure
+to the individual members of the Ponca tribe, in severalty, sufficient
+land for their support, inalienable for a term of years and until the
+restriction upon alienation may be removed by the President. Ample
+time and opportunity should be given to the members of the tribe
+freely to choose their allotments either on their old or their new
+reservation.
+
+Full compensation should be made for the lands to be relinquished, for
+their losses by the Sioux depredations and by reason of their removal
+to the Indian Territory, the amount not to be less than the sums named
+in the declaration of the chiefs made December 27, 1880.
+
+In short, nothing should be left undone to show to the Indians that
+the Government of the United States regards their rights as equally
+sacred with those of its citizens.
+
+The time has come when the policy should be to place the Indians as
+rapidly as practicable on the same footing with the other permanent
+inhabitants of our country.
+
+I do not undertake to apportion the blame for the injustice done to
+the Poncas. Whether the Executive or Congress or the public is chiefly
+in fault is not now a question of practical importance. As the Chief
+Executive at the time when the wrong was consummated, I am deeply
+sensible that enough of the responsibility for that wrong justly
+attaches to me to make it my particular duty and earnest desire to
+do all I can to give to these injured people that measure of redress
+which is required alike by justice and by humanity.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 2, 1881_.
+
+_To the House of Representatives_:
+
+I transmit herewith, for consideration and appropriate action by
+Congress, a letter from the Secretary of the Navy, in relation to the
+proposed establishment of naval stations of the United States on the
+American Isthmus. In this paper the current testimony of prominent
+officers of this Government for a long series of years, as to the
+feasibility and necessity of establishing such stations and the great
+advantage to flow therefrom to the naval and commercial interests
+of the United States, is clearly set forth, and the considerations
+adduced can not but commend themselves, I am confident, to the careful
+attention of Congress. Convinced of the wisdom and propriety of the
+suggestions thus presented, I recommend to Congress the appropriation
+of the sum named by the Secretary of the Navy, to be at his disposal
+at once, for expenditure as soon as suitable arrangements can be made
+to the proposed end.
+
+R.B. HAYES.
+
+
+EXECUTIVE MANSION, _February 4, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit a communication from the Secretary of the Navy,
+with reference to the dispatch of a vessel for the relief of the
+_Jeannette_ polar expedition, and commend the recommendations of the
+Secretary to the prompt and favorable action of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 14, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit the final report addressed to me by the
+commissioners appointed under the act of Congress approved July 19,
+1876, authorizing the repavement of that part of Pennsylvania avenue
+lying between the Treasury Department and the Capitol Grounds.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 17, 1881_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Secretary of State, in response to
+the resolution addressed to him by the House of Representatives of the
+31st of January ultimo, on the subject of international action for the
+restoration of silver to full use as money.
+
+The prospect of an early international conference, promising valuable
+results in accordance with the interests of this country, is such that
+I recommend to the immediate attention of Congress an appropriation
+providing for the proper representation of this Government at such
+conference.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 21, 1881_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of 15th of June, 1880,
+requesting the Secretary of State to report to that body at its next
+regular session what changes, if any, of the laws regulating the
+management of the Department of State, or of the divisions and the
+bureaus thereof, are necessary or would be beneficial in promoting the
+efficiency or economy of its administration or management, and also to
+make report concerning the mode of keeping the departmental accounts,
+the checks and safeguards upon expenditures, and the administrative
+or clerical changes for the better which may suggest themselves as
+expedient, I transmit herewith a report from the Secretary of State
+upon the subjects embraced in that resolution so far as they touch the
+Department of State.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 25, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate with a view
+to advising and consenting to the ratification thereof, a convention
+for the extradition of criminals, between the United States of America
+and the United States of Colombia, signed at Bogotá on the 3d of
+January, 1881. I also transmit certain correspondence touching the
+negotiation of said convention.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 25, 1881._
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a view
+to ratification in due course, a convention supplementary to the
+consular convention of May 8, 1878, between the United States of
+America and His Majesty the King of Italy, concluded in the city of
+Washington on the 24th of February, 1881.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 28, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a copy of proclamation[44] for the convening of an
+extra session of the Senate of the United States at the Capitol, in
+the city of Washington, on the 4th day of March next, at noon.
+
+R.B. HAYES.
+
+[Footnote 44: See pp. 639-640.]
+
+
+
+EXECUTIVE MANSION, _February 28, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a copy of a letter addressed to the chairman of
+the Civil Service Commission on the 3d of December last, requesting
+to be furnished with a report upon the result in the post-office
+and custom-house in the city of New York of the application of the
+civil-service rules requiring open competitive examinations for
+appointments and promotions, together with the report of Hon. Dorman
+B. Eaton, the chairman of the Commission, in response.
+
+The report presents a very gratifying statement of the results of
+the application of the rules referred to in the two largest and most
+important local offices in the civil service of the Government. The
+subject is one of great importance to the people of the whole country.
+I would commend the suggestions and recommendation of the chairman of
+the Commission to the careful consideration of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 28, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the resolution of the Senate of the
+20th ultimo, a report from the Secretary of State, with accompanying
+papers.[45]
+
+R.B. HAYES.
+
+[Footnote 45: Correspondence relative to the sending to the United
+States by foreign governments of criminals, paupers, and insane
+persons.]
+
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the Senate of the United States_:
+
+I have the honor to inform the Senate that Hon. Benjamin Harrison,
+Senator elect from the State of Indiana, has resigned his office as a
+member of the Commission for the Improvement of the Mississippi River,
+and the same has been accepted to take effect March 3, 1881.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the Senate of the United States_:
+
+I have the honor to inform the Senate that Hon. John Sherman, Senator
+elect from the State of Ohio, has resigned the position of Secretary
+of the Treasury, and that said resignation has been accepted to take
+effect at the close of the present day.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGE.
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the House of Representatives_:
+
+Having considered the bill entitled "An act to facilitate the
+refunding of the national debt," I am constrained to return it to the
+House of Representatives, in which it originated, with the following
+statement of my objections to its passage:
+
+The imperative necessity for prompt action and the pressure of public
+duties in this closing week of my term of office compel me to refrain
+from any attempt to make a full and satisfactory presentation of the
+objections to the bill.
+
+The importance of the passage at the present session of Congress of a
+suitable measure for the refunding of the national debt which is
+about to mature is generally recognized. It has been urged upon the
+attention of Congress by the Secretary of the Treasury and in my last
+annual message. If successfully accomplished, it will secure a large
+decrease in the annual interest payment of the nation, and I earnestly
+recommend, if the bill before me shall fail, that another measure for
+this purpose be adopted before the present Congress adjourns.
+
+While, in my opinion, it would be unwise to authorize the Secretary of
+the Treasury, in his discretion, to offer to the public bonds bearing
+3-1/2 per cent interest in aid of refunding, I should not deem it my
+duty to interpose my constitutional objection to the passage of the
+present bill if it did not contain, in its fifth section, provisions
+which, in my judgment, seriously impair the value and tend to the
+destruction of the present national banking system of the country.
+This system has now been in operation almost twenty years. No safer or
+more beneficial banking system was ever established. Its advantages
+as a business are free to all who have the necessary capital. It
+furnishes a currency to the public which for convenience and security
+of the bill holder has probably never been equaled by that of any
+other banking system. Its notes are secured by the deposit with the
+Government of the interest-bearing bonds of the United States.
+
+The section of the bill before me which relates to the national
+banking system, and to which objection is made, is not an essential
+part of a refunding measure. It is as follows:
+
+ SEC. 5. From and after the 1st day of July, 1881, the 3 per
+ cent bonds authorized by the first section of this act shall
+ be the only bonds receivable as security for national-bank
+ circulation or as security for the safe-keeping and prompt
+ payment of the public money deposited with such banks; but
+ when any such bonds deposited for the purposes aforesaid shall
+ be designated for purchase or redemption by the Secretary
+ of the Treasury, the banking association depositing the same
+ shall have the right to substitute other issues of the bonds
+ of the United States in lieu thereof: _Provided_, That no bond
+ upon which interest has ceased shall be accepted or shall be
+ continued on deposit as security for circulation or for
+ the safe-keeping of the public money; and in case bonds so
+ deposited shall not be withdrawn, as provided by law, within
+ thirty days after the interest has ceased thereon, the banking
+ association depositing the same shall be subject to the
+ liabilities and proceedings on the part of the Comptroller
+ provided for in section 5234 of the Revised Statutes of the
+ United States: _And provided further_, That section 4 of the
+ act of June 20, 1874, entitled "An act fixing the amount of
+ United States notes, providing for a redistribution of the
+ national-bank currency, and for other purposes," be, and the
+ same is hereby, repealed, and sections 5159 and 5160 of the
+ Revised Statutes of the United States be, and the same are
+ hereby, reenacted.
+
+
+Under this section it is obvious that no additional banks will
+hereafter be organized, except possibly in a few cities or localities
+where the prevailing rates of interest in ordinary business are
+extremely low. No new banks can be organized and no increase of the
+capital of existing banks can be obtained except by the purchase and
+deposit of 3 per cent bonds. No other bonds of the United States can
+be used for the purpose. The one thousand millions of other bonds
+recently issued by the United States, and bearing a higher rate of
+interest than 3 per cent, and therefore a better security for the bill
+holder, can not after the 1st of July next be received as security
+for bank circulation. This is a radical change in the banking law. It
+takes from the banks the right they have heretofore had under the law
+to purchase and deposit as security for their circulation any of the
+bonds issued by the United States, and deprives the bill holder of the
+best security which the banks are able to give by requiring them
+to deposit bonds having the least value of any bonds issued by the
+Government.
+
+The average rate of taxation of capital employed in banking is more
+than double the rate of taxation upon capital employed in other
+legitimate business. Under these circumstances, to amend the banking
+law so as to deprive the banks of the privilege of securing their
+notes by the most valuable bonds issued by the Government will, it is
+believed, in a large part of the country, be a practical prohibition
+of the organization of new banks and prevent the existing banks from
+enlarging their capital. The national banking system, if continued at
+all, will be a monopoly in the hands of those already engaged in it,
+who may purchase the Government bonds bearing a more favorable rate of
+interest than the 3 per cent bonds prior to next July.
+
+To prevent the further organization of banks is to put in jeopardy the
+whole system, by taking from it that feature which makes it, as it
+now is, a banking system free upon the same terms to all who wish
+to engage in it. Even the existing banks will be in danger of being
+driven from business by the additional disadvantages to which they
+will be subjected by this bill. In short, I can not but regard
+the fifth section of the bill as a step in the direction of the
+destruction of the national banking system.
+
+Our country, after a long period of business depression, has just
+entered upon a career of unexampled prosperity.
+
+The withdrawal of the currency from circulation of the national
+banks, and the enforced winding up of the banks in consequence, would
+inevitably bring serious embarrassment and disaster to the business
+of the country. Banks of issue are essential instruments of modern
+commerce. If the present efficient and admirable system of banking is
+broken down, it will inevitably be followed by a recurrence to other
+and inferior methods of banking. Any measure looking to such a result
+will be a disturbing element in our financial system. It will destroy
+confidence and surely check the growing prosperity of the country.
+
+Believing that a measure for refunding the national debt is not
+necessarily connected with the national banking law, and that any
+refunding act would defeat its own object if it imperiled the national
+banking system or seriously impaired its usefulness, and convinced
+that section 5 of the bill before me would, if it should become a
+law, work great harm, I herewith return the bill to the House of
+Representatives for that further consideration which is provided for
+in the Constitution.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+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, Rutherford B. Hayes, 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.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 28th day of February, A.D. 1881, and of the Independence of the
+United States of America the one hundred and fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+EXECUTIVE MANSION, _Washington, February 22, 1881_.
+
+The SECRETARY OF WAR:
+
+In view of the well-known fact that the sale of intoxicating liquors
+in the Army of the United States is the cause of much demoralization
+among both officers and men, and that it gives rise to a large
+proportion of the cases before general and garrison courts-martial,
+involving great expense and serious injury to the service--
+
+_It is therefore directed_, That the Secretary of War take suitable
+steps, as far as practicable consistently with vested rights, to
+prevent the sale of intoxicating liquors as a beverage at the camps,
+forts, and other posts of the Army.
+
+R.B. HAYES.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Messages and Papers of Rutherford B.
+Hayes, by James D. Richardson
+
+*** END OF THE PROJECT GUTENBERG EBOOK 13021 ***
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+ A Compilation of the Messages and Papers Of The Presidents,
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+<div>*** START OF THE PROJECT GUTENBERG EBOOK 13021 ***</div>
+
+<div style="height: 8em;"><br><br><br><br><br><br><br><br></div>
+
+<h1>
+ A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+</h1>
+<center><b>
+ BY JAMES D. RICHARDSON
+</b></center>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+<hr>
+<h2>
+ Rutherford B. Hayes
+</h2>
+<h3>
+ March 4, 1877, to March 4, 1881
+</h3>
+<hr>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ Rutherford B. Hayes
+</h2>
+<p>
+ Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822.
+ His father had died in July, 1822, leaving his mother in modest
+ circumstances. He attended the common schools, and began early the
+ study of Latin and Greek with Judge Sherman Finch, of Delaware.
+ Prepared for college at an academy at Norwalk, Ohio, and at a school
+ in Middletown, Conn. In the autumn of 1838 entered Kenyon College,
+ at Gambier, Ohio. Excelled in logic, mental and moral philosophy,
+ and mathematics, and also made his mark as a debater in the literary
+ societies. On his graduation, in August, 1842, was awarded the
+ valedictory oration, with which he won much praise. Soon afterwards
+ began the study of law in the office of Thomas Sparrow, at Columbus,
+ Ohio, and then attended a course of law lectures at Harvard
+ University, entering the law school August 22, 1843, and finishing his
+ studies there in January, 1845. As a law student he had the advantage
+ of friendly intercourse with Judge Story and Professor Greenleaf, and
+ also attended the lectures of Longfellow on literature and of Agassiz
+ on natural science, pursuing at the same time the study of French and
+ German. In May, 1845, was admitted to practice in the courts of Ohio
+ as an attorney and counselor at law. Established himself first at
+ Lower Sandusky (now Fremont), where in April, 1846, he formed a law
+ partnership with Ralph P. Buckland, then a Member of Congress. In the
+ winter of 1849-50 established himself at Cincinnati. His practice at
+ first being light, continued his studies in law and literature, and
+ also became identified with various literary societies, among them
+ the literary club of Cincinnati, where he met Salmon P. Chase, Thomas
+ Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F.
+ Force, and others of note. December 30, 1852, married Miss Lucy Ware
+ Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In
+ January, 1854, formed a law partnership with H.W. Corwine and William
+ K. Rogers. In 1856 was nominated for the office of common pleas judge,
+ but declined. In 1858 was elected city solicitor by the city council
+ of Cincinnati to fill a vacancy, and in the following year was
+ elected to the same office at a popular election, but was defeated
+ for reelection in 1861. After becoming a voter he acted with the Whig
+ party, voting for Henry Clay in 1844, for General Taylor in 1848, and
+ for General Scott in 1852. Having from his youth cherished antislavery
+ feelings, he joined the Republican party as soon as it was organized,
+ and earnestly advocated the election of Frémont in 1856 and of Lincoln
+ in 1860. At a great mass meeting held in Cincinnati immediately
+ after the firing on Fort Sumter was made chairman of a committee on
+ resolutions. His literary club formed a military company, of which he
+ was elected captain. June 7, 1861, was appointed by the governor of
+ Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861,
+ was appointed by General Rosecrans judge-advocate of the Department
+ of the Ohio. October 24, 1861, was promoted to the rank of
+ lieutenant-colonel. In the battle of South Mountain, September 14,
+ 1862, distinguished himself by gallant conduct in leading a charge and
+ in holding a position at the head of his troops after being severely
+ wounded in his left arm. October 24, 1862, was appointed colonel
+ of the Twenty-third Ohio. In July, 1863, while with the army in
+ southwestern Virginia, caused an expedition of two regiments and a
+ section of artillery under his command to be dispatched to Ohio for
+ the purpose of checking the raid of the Confederate general John
+ Morgan, and aided materially in preventing the raiders from recrossing
+ the Ohio River and in compelling Morgan to surrender. In the spring
+ of 1864 commanded a brigade in General Crook's expedition to cut the
+ principal lines of communication between Richmond and the Southwest.
+ Distinguished himself by conspicuous bravery at the head of his
+ brigade in storming a fortified position on the crest of Cloyd
+ Mountain. Commanded a brigade in the first battle of Winchester. Took
+ a creditable part in the engagement at Berryville, and at the second
+ battle of Winchester, September 19, 1864, performed a feat of great
+ bravery. Leading an assault upon a battery on an eminence, he found in
+ his way a morass over 50 yards wide. Being at the head of his brigade,
+ he plunged in first, and, his horse becoming mired at once, he
+ dismounted and waded across alone under the enemy's fire. Signaled his
+ men to come over, and when about 40 had joined him he rushed upon the
+ battery and captured it after a hand-to-hand fight. At Fishers Hill,
+ September 22, 1864, being then in command of a division, executed a
+ brilliant flank movement over mountains and through woods, took many
+ pieces of artillery, and routed the enemy. At the battle of Cedar
+ Creek, October 19, 1864, his conduct attracted so much attention that
+ his commander, General Crook, commended him, saying, "Colonel, from
+ this day you will be a brigadier-general." The commission reached him
+ a few days afterwards. March 13, 1865, received the rank of brevet
+ major-general "for gallant and distinguished services during the
+ campaign of 1864 in West Virginia, and particularly at the battles of
+ Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the
+ field, was nominated for Congress and elected. After the war, returned
+ to civil life, and took his seat in Congress December 4, 1865. Voted
+ with his party on questions connected with the reconstruction of the
+ Southern States; supported a resolution declaring the sacredness of
+ the public debt and denouncing repudiation, and also one commending
+ President Johnson for declining to accept presents and condemning the
+ practice; opposed a resolution favoring an increase of pay of members
+ of Congress; introduced in a Republican caucus resolutions declaring
+ that the only mode of obtaining from the States lately in rebellion
+ irreversible guaranties was by constitutional amendment, and that
+ an amendment basing representation upon voters instead of population
+ ought to be acted upon without delay. In August, 1866, was renominated
+ for Congress by acclamation, and was reelected. Supported the
+ impeachment of President Johnson. In June, 1867, was nominated for
+ governor of Ohio, and at the election defeated Judge Allen G. Thurman.
+ In June, 1869, was again nominated for governor, and at the election
+ defeated George H. Pendleton. At the expiration of his term as
+ governor declined to be a candidate for the United States Senate
+ against John Sherman. In 1872 was again nominated for Congress, but at
+ the election was defeated. Declined the office of assistant treasurer
+ of the United States at Cincinnati. In 1873 established his home at
+ Fremont with the intention of retiring from public life. In 1875 was
+ again nominated for governor of Ohio, and at the election defeated
+ William Allen. Was nominated for President of the United States at
+ the national Republican convention at Cincinnati on June 16, 1876. The
+ Democrats selected as their candidate Samuel J. Tilden, of New York.
+ The result of the election became the subject of acrimonious dispute.
+ Each party charged fraud upon the other, and both parties claimed to
+ have carried the States of Louisiana, South Carolina, and Florida.
+ To avoid a deadlock, which might have happened if the canvass of
+ the electoral votes had been left to the two Houses of Congress
+ (the Senate having a Republican and the House of Representatives a
+ Democratic majority), an act, advocated by members of both parties,
+ was passed to refer all contested cases to a commission composed of
+ five Senators, five Representatives, and five Justices of the Supreme
+ Court, the decision of this commission to be final unless set aside
+ by a concurrent vote of the two Houses of Congress. The commission,
+ refusing to go behind the certificates of the governors, decided in
+ each contested case by a vote of 8 to 7 in favor of the Republican
+ electors, beginning with Florida on February 7, and on March 2 Mr.
+ Hayes was declared duly elected President of the United States. Was
+ inaugurated March 5, 1877. At the expiration of his term returned to
+ his home at Fremont, Ohio. Was the recipient of various distinctions.
+ The degree of LL.D. was conferred upon him by Kenyon College, Harvard
+ University, Yale College, and Johns Hopkins University. Was made
+ senior vice-commander of the Military Order of the Loyal Legion,
+ commander of the Ohio commandery of the same order, first president
+ of the Society of the Army of West Virginia, and president of the
+ Twenty-third Regiment Ohio Volunteers Association. Was president of
+ the trustees of the John F. Slater education fund; one of the trustees
+ of the Peabody education fund; president of the National Prison
+ Reform Association; an active member of the National Conference
+ of Corrections and Charities; a trustee of the Western Reserve
+ University, at Cleveland, Ohio, of the Wesleyan University, of
+ Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the
+ Ohio State University. He died at Fremont, Ohio, January 17, 1893, and
+ was buried there.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ INAUGURAL ADDRESS.
+</h2>
+<p>
+ FELLOW-CITIZENS: We have assembled to repeat the public ceremonial,
+ begun by Washington, observed by all my predecessors, and now a
+ time-honored custom, which marks the commencement of a new term of
+ the Presidential office. Called to the duties of this great trust,
+ I proceed, in compliance with usage, to announce some of the leading
+ principles, on the subjects that now chiefly engage the public
+ attention, by which it is my desire to be guided in the discharge of
+ those duties. I shall not undertake to lay down irrevocably principles
+ or measures of administration, but rather to speak of the motives
+ which should animate us, and to suggest certain important ends to
+ be attained in accordance with our institutions and essential to the
+ welfare of our country.
+</p>
+<p>
+ At the outset of the discussions which preceded the recent
+ Presidential election it seemed to me fitting that I should fully make
+ known my sentiments in regard to several of the important questions
+ which then appeared to demand the consideration of the country.
+ Following the example, and in part adopting the language, of one of my
+ predecessors, I wish now, when every motive for misrepresentation has
+ passed away, to repeat what was said before the election, trusting
+ that my countrymen will candidly weigh and understand it, and that
+ they will feel assured that the sentiments declared in accepting the
+ nomination for the Presidency will be the standard of my conduct in
+ the path before me, charged, as I now am, with the grave and difficult
+ task of carrying them out in the practical administration of the
+ Government so far as depends, under the Constitution and laws, on the
+ Chief Executive of the nation.
+</p>
+<p>
+ The permanent pacification of the country upon such principles and
+ by such measures as will secure the complete protection of all its
+ citizens in the free enjoyment of all their constitutional rights is
+ now the one subject in our public affairs which all thoughtful and
+ patriotic citizens regard as of supreme importance.
+</p>
+<p>
+ Many of the calamitous effects of the tremendous revolution which
+ has passed over the Southern States still remain. The immeasurable
+ benefits which will surely follow, sooner or later, the hearty and
+ generous acceptance of the legitimate results of that revolution have
+ not yet been realized. Difficult and embarrassing questions meet us
+ at the threshold of this subject. The people of those States are
+ still impoverished, and the inestimable blessing of wise, honest,
+ and peaceful local self-government is not fully enjoyed. Whatever
+ difference of opinion may exist as to the cause of this condition of
+ things, the fact is clear that in the progress of events the time has
+ come when such government is the imperative necessity required by all
+ the varied interests, public and private, of those States. But it must
+ not be forgotten that only a local government which recognizes and
+ maintains inviolate the rights of all is a true self-government.
+</p>
+<p>
+ With respect to the two distinct races whose peculiar relations to
+ each other have brought upon us the deplorable complications and
+ perplexities which exist in those States, it must be a government
+ which guards the interests of both races carefully and equally.
+ It must be a government which submits loyally and heartily to the
+ Constitution and the laws&mdash;the laws of the nation and the laws of
+ the States themselves&mdash;accepting and obeying faithfully the whole
+ Constitution as it is.
+</p>
+<p>
+ Resting upon this sure and substantial foundation, the superstructure
+ of beneficent local governments can be built up, and not otherwise.
+ In furtherance of such obedience to the letter and the spirit of the
+ Constitution, and in behalf of all that its attainment implies, all
+ so-called party interests lose their apparent importance, and party
+ lines may well be permitted to fade into insignificance. The question
+ we have to consider for the immediate welfare of those States of the
+ Union is the question of government or no government; of social order
+ and all the peaceful industries and the happiness that belong to it,
+ or a return to barbarism. It is a question in which every citizen of
+ the nation is deeply interested, and with respect to which we ought
+ not to be, in a partisan sense, either Republicans or Democrats, but
+ fellow-citizens and fellow-men, to whom the interests of a common
+ country and a common humanity are dear.
+</p>
+<p>
+ The sweeping revolution of the entire labor system of a large portion
+ of our country and the advance of 4,000,000 people from a condition
+ of servitude to that of citizenship, upon an equal footing with their
+ former masters, could not occur without presenting problems of the
+ gravest moment, to be dealt with by the emancipated race, by their
+ former masters, and by the General Government, the author of the
+ act of emancipation. That it was a wise, just, and providential
+ act, fraught with good for all concerned, is now generally conceded
+ throughout the country. That a moral obligation rests upon the
+ National Government to employ its constitutional power and influence
+ to establish the rights of the people it has emancipated, and to
+ protect them in the enjoyment of those rights when they are infringed
+ or assailed, is also generally admitted.
+</p>
+<p>
+ The evils which afflict the Southern States can only be removed or
+ remedied by the united and harmonious efforts of both races, actuated
+ by motives of mutual sympathy and regard; and while in duty bound and
+ fully determined to protect the rights of all by every constitutional
+ means at the disposal of my Administration, I am sincerely anxious to
+ use every legitimate influence in favor of honest and efficient
+ local <i>self</i>-government as the true resource of those States for the
+ promotion of the contentment and prosperity of their citizens. In
+ the effort I shall make to accomplish this purpose I ask the cordial
+ cooperation of all who cherish an interest in the welfare of the
+ country, trusting that party ties and the prejudice of race will be
+ freely surrendered in behalf of the great purpose to be accomplished.
+ In the important work of restoring the South it is not the political
+ situation alone that merits attention. The material development
+ of that section of the country has been arrested by the social and
+ political revolution through which it has passed, and now needs and
+ deserves the considerate care of the National Government within the
+ just limits prescribed by the Constitution and wise public economy.
+</p>
+<p>
+ But at the basis of all prosperity, for that as well as for every
+ other part of the country, lies the improvement of the intellectual
+ and moral condition of the people. Universal suffrage should rest
+ upon universal education. To this end, liberal and permanent
+ provision should be made for the support of free schools by the State
+ governments, and, if need be, supplemented by legitimate aid from
+ national authority.
+</p>
+<p>
+ Let me assure my countrymen of the Southern States that it is my
+ earnest desire to regard and promote their truest interests&mdash;the
+ interests of the white and of the colored people both and equally&mdash;and
+ to put forth my best efforts in behalf of a civil policy which will
+ forever wipe out in our political affairs the color line and the
+ distinction between North and South, to the end that we may have not
+ merely a united North or a united South, but a united country.
+</p>
+<p>
+ I ask the attention of the public to the paramount necessity of reform
+ in our civil service&mdash;a reform not merely as to certain abuses and
+ practices of so-called official patronage which have come to have the
+ sanction of usage in the several Departments of our Government, but
+ a change in the system of appointment itself; a reform that shall
+ be thorough, radical, and complete; a return to the principles and
+ practices of the founders of the Government. They neither expected
+ nor desired from public officers any partisan service. They meant that
+ public officers should owe their whole service to the Government and
+ to the people. They meant that the officer should be secure in his
+ tenure as long as his personal character remained untarnished and the
+ performance of his duties satisfactory. They held that appointments to
+ office were not to be made nor expected merely as rewards for partisan
+ services, nor merely on the nomination of members of Congress, as
+ being entitled in any respect to the control of such appointments.
+</p>
+<p>
+ The fact that both the great political parties of the country, in
+ declaring their principles prior to the election, gave a prominent
+ place to the subject of reform of our civil service, recognizing and
+ strongly urging its necessity, in terms almost identical in their
+ specific import with those I have here employed, must be accepted as
+ a conclusive argument in behalf of these measures. It must be regarded
+ as the expression of the united voice and will of the whole country
+ upon this subject, and both political parties are virtually pledged
+ to give it their unreserved support.
+</p>
+<p>
+ The President of the United States of necessity owes his election to
+ office to the suffrage and zealous labors of a political party,
+ the members of which cherish with ardor and regard as of essential
+ importance the principles of their party organization; but he should
+ strive to be always mindful of the fact that he serves his party best
+ who serves the country best.
+</p>
+<p>
+ In furtherance of the reform we seek, and in other important respects
+ a change of great importance, I recommend an amendment to the
+ Constitution prescribing a term of six years for the Presidential
+ office and forbidding a reelection.
+</p>
+<p>
+ With respect to the financial condition of the country, I shall not
+ attempt an extended history of the embarrassment and prostration which
+ we have suffered during the past three years. The depression in all
+ our varied commercial and manufacturing interests throughout the
+ country, which began in September, 1873, still continues. It is very
+ gratifying, however, to be able to say that there are indications all
+ around us of a coming change to prosperous times.
+</p>
+<p>
+ Upon the currency question, intimately connected, as it is, with this
+ topic, I may be permitted to repeat here the statement made in my
+ letter of acceptance, that in my judgment the feeling of uncertainty
+ inseparable from an irredeemable paper currency, with its fluctuation
+ of values, is one of the greatest obstacles to a return to prosperous
+ times. The only safe paper currency is one which rests upon a coin
+ basis and is at all times and promptly convertible into coin.
+</p>
+<p>
+ I adhere to the views heretofore expressed by me in favor of
+ Congressional legislation in behalf of an early resumption of specie
+ payments, and I am satisfied not only that this is wise, but that
+ the interests, as well as the public sentiment, of the country
+ imperatively demand it.
+</p>
+<p>
+ Passing from these remarks upon the condition of our own country
+ to consider our relations with other lands, we are reminded by the
+ international complications abroad, threatening the peace of Europe,
+ that our traditional rule of noninterference in the affairs of foreign
+ nations has proved of great value in past times and ought to be
+ strictly observed.
+</p>
+<p>
+ The policy inaugurated by my honored predecessor, President Grant, of
+ submitting to arbitration grave questions in dispute between ourselves
+ and foreign powers points to a new, and incomparably the best,
+ instrumentality for the preservation of peace, and will, as I believe,
+ become a beneficent example of the course to be pursued in similar
+ emergencies by other nations.
+</p>
+<p>
+ If, unhappily, questions of difference should at any time during the
+ period of my Administration arise between the United States and any
+ foreign government, it will certainly be my disposition and my hope to
+ aid in their settlement in the same peaceful and honorable way, thus
+ securing to our country the great blessings of peace and mutual good
+ offices with all the nations of the world.
+</p>
+<p>
+ Fellow-citizens, we have reached the close of a political contest
+ marked by the excitement which usually attends the contests between
+ great political parties whose members espouse and advocate with
+ earnest faith their respective creeds. The circumstances were,
+ perhaps, in no respect extraordinary save in the closeness and the
+ consequent uncertainty of the result.
+</p>
+<p>
+ For the first time in the history of the country it has been deemed
+ best, in view of the peculiar circumstances of the case, that the
+ objections and questions in dispute with reference to the counting of
+ the electoral votes should be referred to the decision of a tribunal
+ appointed for this purpose.
+</p>
+<p>
+ That tribunal&mdash;established by law for this sole purpose; its members,
+ all of them, men of long-established reputation for integrity and
+ intelligence, and, with the exception of those who are also members of
+ the supreme judiciary, chosen equally from both political parties; its
+ deliberations enlightened by the research and the arguments of able
+ counsel&mdash;was entitled to the fullest confidence of the American
+ people. Its decisions have been patiently waited for, and accepted
+ as legally conclusive by the general judgment of the public. For the
+ present, opinion will widely vary as to the wisdom of the several
+ conclusions announced by that tribunal. This is to be anticipated
+ in every instance where matters of dispute are made the subject of
+ arbitration under the forms of law. Human judgment is never unerring,
+ and is rarely regarded as otherwise than wrong by the unsuccessful
+ party in the contest.
+</p>
+<p>
+ The fact that two great political parties have in this way settled a
+ dispute in regard to which good men differ as to the facts and the
+ law no less than as to the proper course to be pursued in solving the
+ question in controversy is an occasion for general rejoicing.
+</p>
+<p>
+ Upon one point there is entire unanimity in public sentiment&mdash;that
+ conflicting claims to the Presidency must be amicably and peaceably
+ adjusted, and that when so adjusted the general acquiescence of the
+ nation ought surely to follow.
+</p>
+<p>
+ It has been reserved for a government of the people, where the right
+ of suffrage is universal, to give to the world the first example in
+ history of a great nation, in the midst of the struggle of opposing
+ parties for power, hushing its party tumults to yield the issue of
+ the contest to adjustment according to the forms of law.
+</p>
+<p>
+ Looking for the guidance of that Divine Hand by which the destinies
+ of nations and individuals are shaped, I call upon you, Senators,
+ Representatives, judges, fellow-citizens, here and everywhere, to
+ unite with me in an earnest effort to secure to our country the
+ blessings, not only of material prosperity, but of justice, peace, and
+ union&mdash;a union depending not upon the constraint of force, but upon
+ the loving devotion of a free people; "and that all things may be
+ so ordered and settled upon the best and surest foundations that
+ peace and happiness, truth and justice, religion and piety, may be
+ established among us for all generations."
+</p>
+<p>
+ MARCH 5, 1877.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the final adjournment of the Forty-fourth Congress without
+ making the usual appropriations for the support of the Army for the
+ fiscal year ending June 30, 1878, presents an extraordinary occasion
+ requiring the President to exercise the power vested in him by the
+ Constitution to convene the Houses of Congress in anticipation of the
+ day fixed by law for their next meeting:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do, by virtue of the power to this end in me vested by the
+ Constitution, convene both Houses of Congress to assemble at their
+ respective chambers at 12 o'clock noon on Monday, the 15th day of
+ October next, then and there to consider and determine such measures
+ as in their wisdom their duty and the welfare of the people may seem
+ to demand.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 5th day of May, A.D. 1877, and of
+ the Independence of the United States of America the one hundred and
+ first.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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
+</p>
+<p>
+ Whereas the governor of the State of West Virginia has represented
+ that domestic violence exists in said State at Martinsburg, and at
+ various other points along the line of the Baltimore and Ohio Railroad
+ in said State, which the authorities of said State are unable to
+ suppress; and
+</p>
+<p>
+ Whereas the laws of the United States require that in all cases of
+ insurrection in any State or of obstruction to the laws thereof,
+ whenever it may be necessary, in the judgment of the President, he
+ shall forthwith, by proclamation, command such insurgents to disperse
+ and retire peaceably to their respective abodes within a limited time:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+ connected with said domestic violence and obstruction of the laws to
+ disperse and retire peaceably to their respective abodes on or before
+ 12 o'clock noon of the 19th day of July instant.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 18th day of July, A.D. 1877, and
+ of the Independence of the United States of America the one hundred
+ and second.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ F.W. SEWARD,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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
+</p>
+<p>
+ Whereas the governor of the State of Maryland has represented that
+ domestic violence exists in said State at Cumberland, and along the
+ line of the Baltimore and Ohio Railroad in said State, which the
+ authorities of said State are unable to suppress; and
+</p>
+<p>
+ Whereas the laws of the United States require that in all cases of
+ insurrection in any State or of obstruction to the laws thereof,
+ whenever, in the judgment of the President, it becomes necessary to
+ use the military forces to suppress such insurrection or obstruction
+ to the laws, he shall forthwith, by proclamation, command such
+ insurgents to disperse and retire peaceably to their respective abodes
+ within a limited time:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+ connected with said domestic violence and obstruction of the laws to
+ disperse and retire peaceably to their respective abodes on or before
+ noon of the 22d day of July instant.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 21st day of July, A.D. 1877, and
+ of the Independence of the United States of America the one hundred
+ and second.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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
+</p>
+<p>
+ Whereas the governor of the State of Pennsylvania has represented that
+ domestic violence exists in said State which the authorities of said
+ State are unable to suppress; and
+</p>
+<p>
+ Whereas the laws of the United States require that in all cases of
+ insurrection in any State or of obstruction to the laws thereof,
+ whenever, in the judgment of the President, it becomes necessary to
+ use the military forces to suppress such insurrection or obstruction
+ to the laws, he shall forthwith, by proclamation, command such
+ insurgents to disperse and retire peaceably to their respective abodes
+ within a limited time;
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+ connected with said domestic violence and obstruction of the laws to
+ disperse and retire peaceably to their respective abodes on or before
+ 12 o'clock noon of the 24th day of July instant.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 23d day of July, A.D. 1877, and
+ of the Independence of the United States of America the one hundred
+ and second.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<a name="2H_4_0005"><!-- H2 anchor --></a>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 9, 1877</i>.
+</p>
+<p>
+ SIR:<a href="#note-1"><small>1</small></a> The President directs me to say that the several Departments
+ of the Government will be closed on Wednesday, the 30th instant, to
+ enable the employees to participate in the decoration of the graves of
+ the soldiers who fell during the rebellion.
+</p>
+<p>
+ I am, sir, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Secretary</i>.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 26, 1877</i>.
+</p>
+<p>
+Hon. JOHN SHERMAN,<br>
+ <i>Secretary of the Treasury</i>.
+</p>
+<p>
+ MY DEAR SIR: I have read the partial report of the commission
+ appointed to examine the New York custom-house. I concur with the
+ commission in their recommendations. It is my wish that the collection
+ of the revenues should be free from partisan control, and organized on
+ a strictly business basis, with the same guaranties for efficiency and
+ fidelity in the selection of the chief and subordinate officers that
+ would be required by a prudent merchant. Party leaders should have
+ no more influence in appointments than other equally respectable
+ citizens. No assessments for political purposes on officers or
+ subordinates should be allowed. No useless officer or employee should
+ be retained. No officer should be required or permitted to take part
+ in the management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express their
+ views on public questions, either orally or through the press, is not
+ denied, provided it does not interfere with the discharge of their
+ official duties.
+</p>
+<p>
+ Respectfully,
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, June 22, 1877</i>,
+</p>
+<p>
+ SIR:<a href="#note-2"><small>2</small></a> I desire to call your attention to the following paragraph
+ in a letter addressed by me to the Secretary of the Treasury on
+ the conduct to be observed by officers of the General Government in
+ relation to the elections:
+</p>
+<p class="q">
+ No officer should be required or permitted to take part in the
+ management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express
+ their views on public questions, either orally or through the
+ press, is not denied, provided it does not interfere with
+ the discharge of their official duties. No assessment for
+ political purposes on officers or subordinates should be
+ allowed.
+</p>
+<p>
+ This rule is applicable to every department of the civil service. It
+ should be understood by every officer of the General Government that
+ he is expected to conform his conduct to its requirements.
+</p>
+<p>
+ Very respectfully,
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>August 7, 1877</i>.
+</p>
+<p>
+ By virtue of authority conferred upon the President of the United
+ States by the provisions of section 2132, Revised Statutes of the
+ United States, as follows:
+</p>
+<p class="q">
+ The President is authorized, whenever in his opinion the
+ public interest may require the same, to prohibit the
+ introduction of goods, or of any particular article, into
+ the country belonging to any Indian tribe, and to direct
+ all licenses to trade with such tribe to be revoked and all
+ applications therefor to be rejected. No trader to any other
+ tribe shall, so long as such prohibition may continue, trade
+ with any Indians of or for the tribe against which such
+ prohibition is issued&mdash;
+</p>
+<p>
+ the introduction into the Indian country, for the purpose of sale or
+ exchange to or with Indians, of any breech-loading firearms, and of
+ any special ammunition adapted to such arms, and the sale and exchange
+ to Indians in the Indian country of any such arms or ammunition, is
+ hereby prohibited; and it is hereby directed that all authority under
+ any license to trade in such arms or ammunition is hereby revoked.
+</p>
+<p>
+ The introduction into the country or district occupied by any tribe of
+ hostile Indians, for the purpose of sale or exchange to them, of arms
+ or ammunition of any description, and the sale or exchange thereof to
+ or with such Indians, is hereby prohibited; and it is hereby directed
+ that all license to trade in arms or ammunition of any description
+ with such tribe be revoked.
+</p>
+<p>
+ By virtue of section 2150, Revised Statutes, as follows:
+</p>
+<p class="q">
+ The military forces of the United States may be employed in
+ such manner and under such regulations as the President may
+ direct&mdash;
+</p>
+<hr>
+<p class="q">
+ Third. In preventing the introduction of persons and property
+ into the Indian country contrary to law, which persons and
+ property shall be proceeded against according to law.
+</p>
+<hr>
+<p>
+ All military commanders are hereby charged with the duty of assisting
+ in the execution of the above order and of Executive order of November
+ 23, 1876,<a href="#note-3"><small>3</small></a> the provisions of which are extended to include all
+ Indian country within the Territories of Idaho, Utah, and Washington
+ and the States of Nevada and Oregon.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL SESSION MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>October 15, 1877.</i>
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ The adjournment of the last Congress without making appropriations
+ for the support of the Army for the present fiscal year has rendered
+ necessary a suspension of payments to the officers and men of the sums
+ due them for services rendered after the 30th day of June last.
+ The Army exists by virtue of statutes which prescribe its numbers,
+ regulate its organization and employment, and which fix the pay of its
+ officers and men and declare their right to receive the same at stated
+ periods. These statutes, however, do not authorize the payment of
+ the troops in the absence of specific appropriations therefor. The
+ Constitution has wisely provided that "no money shall be drawn from
+ the Treasury but in consequence of appropriations made by law;" and
+ it has also been declared by statute that "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." We have,
+ therefore, an Army in service, authorized by law and entitled to be
+ paid, but no funds available for that purpose.
+</p>
+<p>
+ It may also be said, as an additional incentive to prompt action by
+ Congress, that since the commencement of the fiscal year the Army,
+ though without pay, has been constantly and actively employed in
+ arduous and dangerous service, in the performance of which both
+ officers and men have discharged their duty with fidelity and
+ courage and without complaint. These circumstances, in my judgment,
+ constituted an extraordinary occasion requiring that Congress be
+ convened in advance of the time prescribed by law for your meeting in
+ regular session. The importance of speedy action upon this subject
+ on the part of Congress is so manifest that I venture to suggest the
+ propriety of making the necessary appropriations for the support
+ of the Army for the current year at its present maximum numerical
+ strength of 25,000 men, leaving for future consideration all questions
+ relating to an increase or decrease of the number of enlisted men.
+ In the event of the reduction of the Army by subsequent legislation
+ during the fiscal year, the excess of the appropriation could not
+ be expended; and in the event of its enlargement the additional sum
+ required for the payment of the extra force could be provided in due
+ time. It would be unjust to the troops now in service, and whose pay
+ is already largely in arrears, if payment to them should be further
+ postponed until after Congress shall have considered all the questions
+ likely to arise in the effort to fix the proper limit to the strength
+ of the Army.
+</p>
+<p>
+ Estimates of appropriations for the support of the military
+ establishment for the fiscal year ending June 30, 1878, were
+ transmitted to Congress by the former Secretary of the Treasury at the
+ opening of its session in December last. These estimates, modified by
+ the present Secretary so as to conform to present requirements, are
+ now renewed, amounting to $32,436,764.98, and, having been transmitted
+ to both Houses of Congress, are submitted for your consideration.
+</p>
+<p>
+ There is also required by the Navy Department $2,003,861.24. This sum
+ is made up of $1,446,688.16 due to officers and enlisted men for the
+ last quarter of the last fiscal year; $311,953.50 due for advances
+ made by the fiscal agent of the Government in London for the support
+ of the foreign service; $50,000 due to the naval-hospital fund;
+ $150,000 due for arrearages of pay to officers, and $45,219.58 for the
+ support of the Marine Corps.
+</p>
+<p>
+ There will also be needed an appropriation of $262,535.22 to defray
+ the unsettled expenses of the United States courts for the fiscal year
+ ending June 30 last, now due to attorneys, clerks, commissioners, and
+ marshals, and for rent of court rooms, the support of prisoners, and
+ other deficiencies.
+</p>
+<p>
+ A part of the building of the Interior Department was destroyed by
+ fire on the 24th of last month. Some immediate repairs and temporary
+ structures have in consequence become necessary, estimates for which
+ will be transmitted to Congress immediately, and an appropriation of
+ the requisite funds is respectfully recommended.
+</p>
+<p>
+ The Secretary of the Treasury will communicate to Congress, in
+ connection with the estimates for the appropriations for the support
+ of the Army for the current fiscal year, estimates for such other
+ deficiencies in the different branches of the public service as
+ require immediate action and can not without inconvenience be
+ postponed until the regular session.
+</p>
+<p>
+ I take this opportunity also to invite your attention to the propriety
+ of adopting at your present session the necessary legislation
+ to enable the people of the United States to participate in the
+ advantages of the International Exhibition of Agriculture, Industry,
+ and the Fine Arts which is to be held at Paris in 1878, and in which
+ this Government has been invited by the Government of France to take
+ part.
+</p>
+<p>
+ This invitation was communicated to this Government in May, 1876,
+ by the minister of France at this capital, and a copy thereof was
+ submitted to the proper committees of Congress at its last session,
+ but no action was taken upon the subject.
+</p>
+<p>
+ The Department of State has received many letters from various parts
+ of the country expressing a desire to participate in the exhibition,
+ and numerous applications of a similar nature have also been made at
+ the United States legation at Paris.
+</p>
+<p>
+ The Department of State has also received official advice of the
+ strong desire on the part of the French Government that the United
+ States should participate in this enterprise, and space has hitherto
+ been and still is reserved in the exhibition buildings for the use of
+ exhibitors from the United States, to the exclusion of other parties
+ who have been applicants therefor.
+</p>
+<p>
+ In order that our industries may be properly represented at the
+ exhibition, an appropriation will be needed for the payment of
+ salaries and expenses of commissioners, for the transportation of
+ goods, and for other purposes in connection with the object in view;
+ and as May next is the time fixed for the opening of the exhibition,
+ if our citizens are to share the advantages of this international
+ competition for the trade of other nations the necessity of immediate
+ action is apparent.
+</p>
+<p>
+ To enable the United States to cooperate in the international
+ exhibition which was held at Vienna in 1873, Congress then passed a
+ joint resolution making an appropriation of $200,000 and authorizing
+ the President to appoint a certain number of practical artisans and
+ scientific men who should attend the exhibition and report their
+ proceedings and observations to him. Provision was also made for the
+ appointment of a number of honorary commissioners.
+</p>
+<p>
+ I have felt that prompt action by Congress in accepting the invitation
+ of the Government of France is of so much interest to the people of
+ this country and so suitable to the cordial relations between the
+ Governments of the two countries that the subject might properly be
+ presented for attention at your present session.
+</p>
+<p>
+ The Government of Sweden and Norway has addressed an official
+ invitation to this Government to take part in the International Prison
+ Congress to be held at Stockholm next year. The problem which the
+ congress proposes to study&mdash;how to diminish crime&mdash;is one in which
+ all civilized nations have an interest in common, and the congress
+ of Stockholm seems likely to prove the most important convention ever
+ held for the study of this grave question. Under authority of a joint
+ resolution of Congress approved February 16, 1875, a commissioner was
+ appointed by my predecessor to represent the United States upon that
+ occasion, and the Prison Congress having been, at the earnest desire
+ of the Swedish Government, postponed to 1878, his commission was
+ renewed by me. An appropriation of $8,000 was made in the sundry civil
+ act of 1875 to meet the expenses of the commissioner. I recommend
+ the reappropriation of that sum for the same purpose, the former
+ appropriation having been covered into the Treasury and being no
+ longer available for the purpose without further action by Congress.
+ The subject is brought to your attention at this time in view of
+ circumstances which render it highly desirable that the commissioner
+ should proceed to the discharge of his important duties immediately.
+</p>
+<p>
+ As the several acts of Congress providing for detailed reports from
+ the different Departments of the Government require their submission
+ at the beginning of the regular annual session, I defer until that
+ time any further reference to subjects of public interest.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., October 17, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith the report of a board of inquiry
+ appointed by the Secretary of the Interior to examine into the causes
+ of the fire which destroyed a part of the Interior Department building
+ on the 24th of last month.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., October 17, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a report of the Secretary of
+ the Navy, setting forth the particulars with reference to the existing
+ deficiencies in the Navy Department.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 1st
+ instant, I transmit herewith reports from the Secretary of State and
+ the Secretary of War, with their accompanying papers.<a href="#note-4"><small>4</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 5th
+ instant, I transmit herewith reports from the Secretary of State and
+ the Secretary of the Treasury, with their accompanying documents.<a href="#note-5"><small>5</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 16th of
+ October, 1877, I have the honor to transmit herewith a statement of
+ the appropriations and expenditures by the Navy Department from the
+ 4th of March, 1789, to June 30, 1876.
+</p>
+<p>
+ A similar statement for the War Department is being prepared as
+ rapidly as the limited clerical force in the Treasury Department will
+ permit, and when completed will be transmitted to the Senate.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 30th of
+ October, 1877, I have the honor to transmit herewith a statement of
+ the annual appropriations and expenditures for army and navy pensions,
+ showing also the repayments, the amounts carried to the surplus fund,
+ and the net expenditures under each appropriation from March 4, 1789,
+ to June 30, 1876.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 14, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 8th instant, I
+ transmit herewith a report<a href="#note-6"><small>6</small></a> from the Secretary of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>November 15, 1887</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to its
+ resolution of the 12th instant, a report<a href="#note-7"><small>7</small></a> from the Secretary of
+ State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 20, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a joint resolution of the House of Representatives of the
+ 6th instant, requesting the opinions of the heads of the Departments
+ respecting the obligatory use of the metrical system of weights and
+ measures, I transmit herewith a report from the Secretary of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 27, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a declaration between the United States and the
+ Government of Her Majesty the Queen of the United Kingdom of Great
+ Britain and Ireland, for the reciprocal protection of the marks of
+ manufacture and trade in the two countries, signed on the 24th of
+ October, 1877.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ The completed circle of summer and winter, seedtime and harvest,
+ has brought us to the accustomed season at which a religious people
+ celebrates with praise and thanksgiving the enduring mercy of Almighty
+ God. This devout and public confession of the constant dependence of
+ man upon the divine favor for all the good gifts of life and health
+ and peace and happiness, so early in our history made the habit of
+ our people, finds in the survey of the past year new grounds for its
+ joyful and grateful manifestation.
+</p>
+<p>
+ In all the blessings which depend upon benignant seasons, this has
+ indeed been a memorable year. Over the wide territory of our country,
+ with all its diversity of soil and climate and products, the earth has
+ yielded a bountiful return to the labor of the husbandman. The
+ health of the people has been blighted by no prevalent or widespread
+ diseases. No great disasters of shipwreck upon our coasts or to our
+ commerce on the seas have brought loss and hardship to merchants or
+ mariners and clouded the happiness of the community with sympathetic
+ sorrow.
+</p>
+<p>
+ In all that concerns our strength and peace and greatness as a nation;
+ in all that touches the permanence and security of our Government and
+ the beneficent institutions on which it rests; in all that affects
+ the character and dispositions of our people and tests our capacity
+ to enjoy and uphold the equal and free condition of society, now
+ permanent and universal throughout the land, the experience of the
+ last year is conspicuously marked by the protecting providence of God
+ and is full of promise and hope for the coming generations.
+</p>
+<p>
+ Under a sense of these infinite obligations to the Great Ruler of
+ Times and Seasons and Events, let us humbly ascribe it to our own
+ faults and frailties if in any degree that perfect concord and
+ happiness, peace and justice, which such great mercies should diffuse
+ through the hearts and lives of our people do not altogether and
+ always and everywhere prevail. Let us with one spirit and with one
+ voice lift up praise and thanksgiving to God for His manifold goodness
+ to our land, His manifest care for our nation.
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do appoint Thursday, the 29th day of November next, as a day
+ of national thanksgiving and prayer; and I earnestly recommend that,
+ withdrawing themselves from secular cares and labors, the people of
+ the United States do meet together on that day in their respective
+ places of worship, there to give thanks and praise to Almighty God for
+ His mercies and to devoutly beseech their continuance.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 29th day of October, A.D.
+ 1877, and of the Independence of the United States the one hundred and
+ second.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDER.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., November 2, 1877</i>.
+</p>
+<p>
+ I lament the sad occasion which makes it my duty to testify the public
+ respect for the eminent citizen and distinguished statesman whose
+ death yesterday at his home in Indianapolis has been made known to the
+ people by telegraphic announcement.
+</p>
+<p>
+ The services of Oliver P. Morton to the nation in the difficult and
+ responsible administration of the affairs of the State of Indiana
+ as its governor at a critical juncture of the civil war can never be
+ overvalued by his countrymen. His long service in the Senate has shown
+ his great powers as a legislator and as a leader and chief counselor
+ of the political party charged with the conduct of the Government
+ during that period.
+</p>
+<p>
+ In all things and at all times he has been able, strenuous, and
+ faithful in the public service, and his fame with his countrymen rests
+ upon secure foundations.
+</p>
+<p>
+ The several Executive Departments will be closed on the day of his
+ funeral, and appropriate honors should be paid to the memory of the
+ deceased statesman by the whole nation.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ FIRST ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ DECEMBER 3, 1877.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives:</i>
+</p>
+<p>
+ With devout gratitude to the bountiful Giver of All Good, I
+ congratulate you that at the beginning of your first regular session
+ you find our country blessed with health and peace and abundant
+ harvests, and with encouraging prospects of an early return of general
+ prosperity.
+</p>
+<p>
+ To complete and make permanent the pacification of the country
+ continues to be, and until it is fully accomplished must remain, the
+ most important of all our national interests. The earnest purpose of
+ good citizens generally to unite their efforts in this endeavor is
+ evident. It found decided expression in the resolutions announced in
+ 1876 by the national conventions of the leading political parties of
+ the country. There was a widespread apprehension that the momentous
+ results in our progress as a nation marked by the recent amendments
+ to the Constitution were in imminent jeopardy; that the good
+ understanding which prompted their adoption, in the interest of a
+ loyal devotion to the general welfare, might prove a barren truce, and
+ that the two sections of the country, once engaged in civil strife,
+ might be again almost as widely severed and disunited as they were
+ when arrayed in arms against each other.
+</p>
+<p>
+ The course to be pursued, which, in my judgment, seemed wisest in
+ the presence of this emergency, was plainly indicated in my inaugural
+ address. It pointed to the time, which all our people desire to see,
+ when a genuine love of our whole country and of all that concerns
+ its true welfare shall supplant the destructive forces of the mutual
+ animosity of races and of sectional hostility. Opinions have differed
+ widely as to the measures best calculated to secure this great end.
+ This was to be expected. The measures adopted by the Administration
+ have been subjected to severe and varied criticism. Any course
+ whatever which might have been entered upon would certainly have
+ encountered distrust and opposition. These measures were, in my
+ judgment, such as were most in harmony with the Constitution and
+ with the genius of our people, and best adapted, under all the
+ circumstances, to attain the end in view. Beneficent results, already
+ apparent, prove that these endeavors are not to be regarded as a
+ mere experiment, and should sustain and encourage us in our efforts.
+ Already, in the brief period which has elapsed, the immediate
+ effectiveness, no less than the justice, of the course pursued is
+ demonstrated, and I have an abiding faith that time will furnish
+ its ample vindication in the minds of the great majority of my
+ fellow-citizens. The discontinuance of the use of the Army for the
+ purpose of upholding local governments in two States of the Union was
+ no less a constitutional duty and requirement, under the circumstances
+ existing at the time, than it was a much-needed measure for the
+ restoration of local self-government and the promotion of national
+ harmony. The withdrawal of the troops from such employment was
+ effected deliberately, and with solicitous care for the peace and good
+ order of society and the protection of the property and persons and
+ every right of all classes of citizens.
+</p>
+<p>
+ The results that have followed are indeed significant and encouraging.
+ All apprehension of danger from remitting those States to local
+ self-government is dispelled, and a most salutary change in the minds
+ of the people has begun and is in progress in every part of that
+ section of the country once the theater of unhappy civil strife,
+ substituting for suspicion, distrust, and aversion, concord,
+ friendship, and patriotic attachment to the Union. No unprejudiced
+ mind will deny that the terrible and often fatal collisions which for
+ several years have been of frequent occurrence and have agitated and
+ alarmed the public mind have almost entirely ceased, and that a spirit
+ of mutual forbearance and hearty national interest has succeeded.
+ There has been a general reestablishment of order and of the orderly
+ administration of justice. Instances of remaining lawlessness have
+ become of rare occurrence; political turmoil and turbulence have
+ disappeared; useful industries have been resumed; public credit in
+ the Southern States has been greatly strengthened, and the encouraging
+ benefits of a revival of commerce between the sections of the country
+ lately embroiled in civil war are fully enjoyed. Such are some of
+ the results already attained, upon which the country is to be
+ congratulated. They are of such importance that we may with confidence
+ patiently await the desired consummation that will surely come with
+ the natural progress of events.
+</p>
+<p>
+ It may not be improper here to say that it should be our fixed and
+ unalterable determination to protect by all available and proper means
+ under the Constitution and the laws the lately emancipated race in
+ the enjoyment of their rights and privileges; and I urge upon those
+ to whom heretofore the colored people have sustained the relation of
+ bondmen the wisdom and justice of humane and liberal local legislation
+ with respect to their education and general welfare. A firm adherence
+ to the laws, both national and State, as to the civil and political
+ rights of the colored people, now advanced to full and equal
+ citizenship; the immediate repression and sure punishment by the
+ national and local authorities, within their respective jurisdictions,
+ of every instance of lawlessness and violence toward them, is required
+ for the security alike of both races, and is justly demanded by the
+ public opinion of the country and the age. In this way the restoration
+ of harmony and good will and the complete protection of every citizen
+ in the full enjoyment of every constitutional right will surely be
+ attained. Whatever authority rests with me to this end I shall not
+ hesitate to put forth.
+</p>
+<p>
+ Whatever belongs to the power of Congress and the jurisdiction of the
+ courts of the Union, they may confidently be relied upon to provide
+ and perform; and to the legislatures, the courts, and the executive
+ authorities of the several States I earnestly appeal to secure, by
+ adequate, appropriate, and seasonable means, within their borders,
+ these common and uniform rights of a united people which loves
+ liberty, abhors oppression, and reveres justice. These objects are
+ very dear to my heart. I shall continue most earnestly to strive
+ for their attainment. The cordial cooperation of all classes, of
+ all sections of the country and of both races, is required for this
+ purpose; and with these blessings assured, and not otherwise, we
+ may safely hope to hand down our free institutions of government
+ unimpaired to the generations that will succeed us.
+</p>
+<p>
+ Among the other subjects of great and general importance to the people
+ of this country, I can not be mistaken, I think, in regarding as
+ preeminent the policy and measures which are designed to secure the
+ restoration of the currency to that normal and healthful condition in
+ which, by the resumption of specie payments, our internal trade
+ and foreign commerce may be brought into harmony with the system of
+ exchanges which is based upon the precious metals as the intrinsic
+ money of the world. In the public judgment that this end should be
+ sought and compassed as speedily and securely as the resources of the
+ people and the wisdom of their Government can accomplish, there is
+ a much greater degree of unanimity than is found to concur in the
+ specific measures which will bring the country to this desired end or
+ the rapidity of the steps by which it can be safely reached.
+</p>
+<p>
+ Upon a most anxious and deliberate examination, which I have felt it
+ my duty to give to the subject, I am but the more confirmed in
+ the opinion which I expressed in accepting the nomination for the
+ Presidency, and again upon my inauguration, that the policy of
+ resumption should be pursued by every suitable means, and that no
+ legislation would be wise that should disparage the importance or
+ retard the attainment of that result. I have no disposition, and
+ certainly no right, to question the sincerity or the intelligence
+ of opposing opinions, and would neither conceal nor undervalue the
+ considerable difficulties, and even occasional distresses, which may
+ attend the progress of the nation toward this primary condition to its
+ general and permanent prosperity. I must, however, adhere to my most
+ earnest conviction that any wavering in purpose or unsteadiness
+ in methods, so far from avoiding or reducing the inconvenience
+ inseparable from the transition from an irredeemable to a redeemable
+ paper currency, would only tend to increased and prolonged disturbance
+ in values, and unless retrieved must end in serious disorder,
+ dishonor, and disaster in the financial affairs of the Government and
+ of the people.
+</p>
+<p>
+ The mischiefs which I apprehend and urgently deprecate are confined
+ to no class of the people, indeed, but seem to me most certainly to
+ threaten the industrious masses, whether their occupations are of
+ skilled or common labor. To them, it seems to me, it is of prime
+ importance that their labor should be compensated in money which is
+ itself fixed in exchangeable value by being irrevocably measured by
+ the labor necessary to its production. This permanent quality of
+ the money of the people is sought for, and can only be gained by
+ the resumption of specie payments. The rich, the speculative, the
+ operating, the money-dealing classes may not always feel the mischiefs
+ of, or may find casual profits in, a variable currency, but the
+ misfortunes of such a currency to those who are paid salaries or wages
+ are inevitable and remediless.
+</p>
+<p>
+ Closely connected with this general subject of the resumption of
+ specie payments is one of subordinate, but still of grave, importance;
+ I mean the readjustment of our coinage system by the renewal of
+ the silver dollar as an element in our specie currency, endowed by
+ legislation with the quality of legal tender to a greater or less
+ extent.
+</p>
+<p>
+ As there is no doubt of the power of Congress under the Constitution
+ "to coin money and regulate the value thereof," and as this power
+ covers the whole range of authority applicable to the metal, the
+ rated, value and the legal-tender quality which shall be adopted for
+ the coinage, the considerations which should induce or discourage a
+ particular measure connected with the coinage, belong clearly to the
+ province of legislative discretion and of public expediency. Without
+ intruding upon this province of legislation in the least, I have
+ yet thought the subject of such critical importance, in the actual
+ condition of our affairs, as to present an occasion for the
+ exercise of the duty imposed by the Constitution on the President of
+ recommending to the consideration of Congress "such measures as he
+ shall judge necessary and expedient."
+</p>
+<p>
+ Holding the opinion, as I do, that neither the interests of the
+ Government nor of the people of the United States would be promoted by
+ disparaging silver as one of the two precious metals which furnish the
+ coinage of the world, and that legislation which looks to maintaining
+ the volume of intrinsic money to as full a measure of both metals as
+ their relative commercial values will permit would be neither unjust
+ nor inexpedient, I must ask your indulgence to a brief and definite
+ statement of certain essential features in any such legislative
+ measure which I feel it my duty to recommend.
+</p>
+<p>
+ I do not propose to enter the debate, represented on both sides by
+ such able disputants in Congress and before the people and in the
+ press, as to the extent to which the legislation of any one nation
+ can control this question, even within its own borders, against the
+ unwritten laws of trade or the positive laws of other governments. The
+ wisdom of Congress in shaping any particular law that may be presented
+ for my approval may wholly supersede the necessity of my entering into
+ these considerations, and I willingly avoid either vague or intricate
+ inquiries. It is only certain plain and practical traits of such
+ legislation that I desire to recommend to your attention.
+</p>
+<p>
+ In any legislation providing for a silver coinage, regulating its
+ value, and imparting to it the quality of legal tender, it seems to me
+ of great importance that Congress should not lose sight of its action
+ as operating in a twofold capacity and in two distinct directions.
+ If the United States Government were free from a public debt, its
+ legislative dealing with the question of silver coinage would be
+ purely sovereign and governmental, under no restraints but those of
+ constitutional power and the public good as affected by the proposed
+ legislation. But in the actual circumstances of the nation, with a
+ vast public debt distributed very widely among our own citizens and
+ held in great amounts also abroad, the nature of the silver-coinage
+ measure, as affecting this relation of the Government to the holders
+ of the public debt, becomes an element, in any proposed legislation,
+ of the highest concern. The obligation of the public faith
+ transcends all questions of profit or public advantage otherwise.
+ Its unquestionable maintenance is the dictate as well of the highest
+ expediency as of the most necessary duty, and will ever be carefully
+ guarded by Congress and people alike.
+</p>
+<p>
+ The public debt of the United States to the amount of $729,000,000
+ bears interest at the rate of 6 per cent, and $708,000,000 at the rate
+ of 5 per cent, and the only way in which the country can be relieved
+ from the payment of these high rates of interest is by advantageously
+ refunding the indebtedness. Whether the debt is ultimately paid in
+ gold or in silver coin is of but little moment compared with the
+ possible reduction of interest one-third by refunding it at such
+ reduced rate. If the United States had the unquestioned right to pay
+ its bonds in silver coin, the little benefit from that process would
+ be greatly overbalanced by the injurious effect of such payment
+ if made or proposed against the honest convictions of the public
+ creditors.
+</p>
+<p>
+ All the bonds that have been issued since February 12, 1873, when
+ gold became the only unlimited legal-tender metallic currency of the
+ country, are justly payable in gold coin or in coin of equal value.
+ During the time of these issues the only dollar that could be or was
+ received by the Government in exchange for bonds was the gold dollar.
+ To require the public creditors to take in repayment any dollar of
+ less commercial value would be regarded by them as a repudiation
+ of the full obligation assumed. The bonds issued prior to 1873 were
+ issued at a time when the gold dollar was the only coin in circulation
+ or contemplated by either the Government or the holders of the bonds
+ as the coin in which they were to be paid. It is far better to
+ pay these bonds in that coin than to seem to take advantage of the
+ unforeseen fall in silver bullion to pay in a new issue of silver coin
+ thus made so much less valuable. The power of the United States
+ to coin money and to regulate the value thereof ought never to be
+ exercised for the purpose of enabling the Government to pay its
+ obligations in a coin of less value than that contemplated by the
+ parties when the bonds were issued. Any attempt to pay the national
+ indebtedness in a coinage of less commercial value than the money
+ of the world would involve a violation of the public faith and work
+ irreparable injury to the public credit.
+</p>
+<p>
+ It was the great merit of the act of March, 1869, in strengthening
+ the public credit, that it removed all doubt as to the purpose of the
+ United States to pay their bonded debt in coin. That act was accepted
+ as a pledge of public faith. The Government has derived great benefit
+ from it in the progress thus far made in refunding the public debt at
+ low rates of interest. An adherence to the wise and just policy of
+ an exact observance of the public faith will enable the Government
+ rapidly to reduce the burden of interest on the national debt to an
+ amount exceeding $20,000,000 per annum, and effect an aggregate saving
+ to the United States of more than $300,000,000 before the bonds can be
+ fully paid.
+</p>
+<p>
+ In adapting the new silver coinage to the ordinary uses of currency in
+ the everyday transactions of life and prescribing the quality of legal
+ tender to be assigned to it, a consideration of the first importance
+ should be so to adjust the ratio between the silver and the gold
+ coinage, which now constitutes our specie currency, as to accomplish
+ the desired end of maintaining the circulation of the two metallic
+ currencies and keeping up the volume of the two precious metals as our
+ intrinsic money. It is a mixed question, for scientific reasoning
+ and historical experience to determine, how far and by what methods a
+ practical equilibrium can be maintained which will keep both metals in
+ circulation in their appropriate spheres of common use.
+</p>
+<p>
+ An absolute equality of commercial value, free from disturbing
+ fluctuations, is hardly attainable, and without it an unlimited
+ legal tender for private transactions assigned to both metals would
+ irresistibly tend to drive out of circulation the dearer coinage and
+ disappoint the principal object proposed by the legislation in view.
+ I apprehend, therefore, that the two conditions of a near approach to
+ equality of commercial value between the gold and silver coinage of
+ the same denomination and of a limitation of the amounts for which the
+ silver coinage is to be a legal tender are essential to maintaining
+ both in circulation. If these conditions can be successfully observed,
+ the issue from the mint of silver dollars would afford material
+ assistance to the community in the transition to redeemable paper
+ money, and would facilitate the resumption of specie payment and its
+ permanent establishment. Without these conditions I fear that only
+ mischief and misfortune would flow from a coinage of silver
+ dollars with the quality of unlimited legal tender, even in private
+ transactions.
+</p>
+<p>
+ Any expectation of temporary ease from an issue of silver coinage to
+ pass as a legal tender at a rate materially above its commercial value
+ is, I am persuaded, a delusion. Nor can I think that there is any
+ substantial distinction between an original issue of silver dollars
+ at a nominal value materially above their commercial value and the
+ restoration of the silver dollar at a rate which once was, but has
+ ceased to be, its commercial value. Certainly the issue of our gold
+ coinage, reduced in weight materially below its legal-tender value,
+ would not be any the less a present debasement of the coinage by
+ reason of its equaling, or even exceeding, in weight a gold
+ coinage which at some past time had been commercially equal to the
+ legal-tender value assigned to the new issue.
+</p>
+<p>
+ In recommending that the regulation of any silver coinage which may be
+ authorized by Congress should observe these conditions of commercial
+ value and limited legal tender, I am governed by the feeling that
+ every possible increase should be given to the volume of metallic
+ money which can be kept in circulation, and thereby every possible aid
+ afforded to the people in the process of resuming specie payments. It
+ is because of my firm conviction that a disregard of these conditions
+ would frustrate the good results which are desired from the proposed
+ coinage, and embarrass with new elements of confusion and uncertainty
+ the business of the country, that I urge upon your attention these
+ considerations.
+</p>
+<p>
+ I respectfully recommend to Congress that in any legislation providing
+ for a silver coinage and imparting to it the quality of legal tender
+ there be impressed upon the measure a firm provision exempting the
+ public debt heretofore issued and now outstanding from payment, either
+ of principal or interest, in any coinage of less commercial value than
+ the present gold coinage of the country.
+</p>
+<p>
+ The organization of the civil service of the country has for a number
+ of years attracted more and more of the public attention. So general
+ has become the opinion that the methods of admission to it and
+ the conditions of remaining in it are unsound that both the great
+ political parties have agreed in the most explicit declarations of the
+ necessity of reform and in the most emphatic demands for it. I have
+ fully believed these declarations and demands to be the expression of
+ a sincere conviction of the intelligent masses of the people upon the
+ subject, and that they should be recognized and followed by earnest
+ and prompt action on the part of the legislative and executive
+ departments of the Government, in pursuance of the purpose indicated.
+</p>
+<p>
+ Before my accession to office I endeavored to have my own views
+ distinctly understood, and upon my inauguration my accord with
+ the public opinion was stated in terms believed to be plain and
+ unambiguous. My experience in the executive duties has strongly
+ confirmed the belief in the great advantage the country would find in
+ observing strictly the plan of the Constitution, which imposes upon
+ the Executive the sole duty and responsibility of the selection of
+ those Federal officers who by law are appointed, not elected, and
+ which in like manner assigns to the Senate the complete right to
+ advise and consent to or to reject the nominations so made, whilst
+ the House of Representatives stands as the public censor of the
+ performance of official duties, with the prerogative of investigation
+ and prosecution in all cases of dereliction. The blemishes and
+ imperfections in the civil service may, as I think, be traced in most
+ cases to a practical confusion of the duties assigned to the several
+ Departments of the Government. My purpose in this respect has been
+ to return to the system established by the fundamental law, and to
+ do this with the heartiest cooperation and most cordial understanding
+ with the Senate and House of Representatives.
+</p>
+<p>
+ The practical difficulties in the selection of numerous officers for
+ posts of widely varying responsibilities and duties are acknowledged
+ to be very great. No system can be expected to secure absolute freedom
+ from mistakes, and the beginning of any attempted change of custom
+ is quite likely to be more embarrassed in this respect than any
+ subsequent period. It is here that the Constitution seems to me to
+ prove its claim to the great wisdom accorded to it. It gives to
+ the Executive the assistance of the knowledge and experience of the
+ Senate, which, when acting upon nominations as to which they may be
+ disinterested and impartial judges, secures as strong a guaranty of
+ freedom from errors of importance as is perhaps possible in human
+ affairs.
+</p>
+<p>
+ In addition to this, I recognize the public advantage of making all
+ nominations, as nearly as possible, impersonal, in the sense of being
+ free from mere caprice or favor in the selection; and in those offices
+ in which special training is of greatly increased value I believe such
+ a rule as to the tenure of office should obtain as may induce men of
+ proper qualifications to apply themselves industriously to the task of
+ becoming proficients. Bearing these things in mind, I have endeavored
+ to reduce the number of changes in subordinate places usually made
+ upon the change of the general administration, and shall most heartily
+ cooperate with Congress in the better systematizing of such methods
+ and rules of admission to the public service and of promotion within
+ it as may promise to be most successful in making thorough competency,
+ efficiency, and character the decisive tests in these matters.
+</p>
+<p>
+ I ask the renewed attention of Congress to what has already been done
+ by the Civil Service Commission, appointed, in pursuance of an act
+ of Congress, by my predecessor, to prepare and revise civil-service
+ rules. In regard to much of the departmental service, especially at
+ Washington, it may be difficult to organize a better system than
+ that which has thus been provided, and it is now being used to a
+ considerable extent under my direction. The Commission has still a
+ legal existence, although for several years no appropriation has been
+ made for defraying its expenses. Believing that this Commission
+ has rendered valuable service and will be a most useful agency in
+ improving the administration of the civil service, I respectfully
+ recommend that a suitable appropriation, to be immediately available,
+ be made to enable it to continue its labors.
+</p>
+<p>
+ It is my purpose to transmit to Congress as early as practicable a
+ report by the chairman of the Commission, and to ask your attention
+ to such measures on this subject as in my opinion will further promote
+ the improvement of the civil service.
+</p>
+<p>
+ During the past year the United States have continued to maintain
+ peaceful relations with foreign powers.
+</p>
+<p>
+ The outbreak of war between Russia and Turkey, though at one time
+ attended by grave apprehension as to its effect upon other European
+ nations, has had no tendency to disturb the amicable relations
+ existing between the United States and each of the two contending
+ powers. An attitude of just and impartial neutrality has been
+ preserved, and I am gratified to state that in the midst of their
+ hostilities both the Russian and the Turkish Governments have shown an
+ earnest disposition to adhere to the obligations of all treaties with
+ the United States and to give due regard to the rights of American
+ citizens.
+</p>
+<p>
+ By the terms of the treaty defining the rights, immunities, and
+ privileges of consuls, between Italy and the United States, ratified
+ in 1868, either Government may, after the lapse of ten years,
+ terminate the existence of the treaty by giving twelve months' notice
+ of its intention. The Government of Italy, availing itself of this
+ faculty, has now given the required notice, and the treaty will
+ accordingly end on the 17th of September, 1878. It is understood,
+ however, that the Italian Government wishes to renew it in its general
+ scope, desiring only certain modifications in some of its articles.
+ In this disposition I concur, and shall hope that no serious obstacles
+ may intervene to prevent or delay the negotiation of a satisfactory
+ treaty.
+</p>
+<p>
+ Numerous questions in regard to passports, naturalization, and
+ exemption from military service have continued to arise in cases of
+ emigrants from Germany who have returned to their native country. The
+ provisions of the treaty of February 22, 1868, however, have proved to
+ be so ample and so judicious that the legation of the United States at
+ Berlin has been able to adjust all claims arising under it, not only
+ without detriment to the amicable relations existing between the two
+ Governments, but, it is believed, without injury or injustice to any
+ duly naturalized American citizen. It is desirable that the treaty
+ originally made with the North German Union in 1868 should now be
+ extended so as to apply equally to all the States of the Empire of
+ Germany.
+</p>
+<p>
+ The invitation of the Government of France to participate in the
+ Exposition of the Products of Agriculture, Industry, and the Fine
+ Arts to be held at Paris during the coming year was submitted for
+ your consideration at the extra session. It is not doubted that its
+ acceptance by the United States, and a well-selected exhibition of the
+ products of American industry on that occasion, will tend to stimulate
+ international commerce and emigration, as well as to promote the
+ traditional friendship between the two countries.
+</p>
+<p>
+ A question arose some time since as to the proper meaning of the
+ extradition articles of the treaty of 1842 between the United States
+ and Great Britain. Both Governments, however, are now in accord in
+ the belief that the question is not one that should be allowed to
+ frustrate the ends of justice or to disturb the friendship between
+ the two nations. No serious difficulty has arisen in accomplishing
+ the extradition of criminals when necessary. It is probable that all
+ points of disagreement will in due time be settled, and, if need be,
+ more explicit declarations be made in a new treaty.
+</p>
+<p>
+ The Fishery Commission under Articles XVIII to XXV of the treaty of
+ Washington has concluded its session at Halifax. The result of the
+ deliberations of the commission, as made public by the commissioners,
+ will be communicated to Congress.
+</p>
+<p>
+ A treaty for the protection of trade-marks has been negotiated
+ with Great Britain, which has been submitted to the Senate for its
+ consideration.
+</p>
+<p>
+ The revolution which recently occurred in Mexico was followed by the
+ accession of the successful party to power and the installation of its
+ chief, General Porfirio Diaz, in the Presidential office. It has been
+ the custom of the United States, when such changes of government have
+ heretofore occurred in Mexico, to recognize and enter into official
+ relations with the <i>de facto</i> government as soon as it should appear
+ to have the approval of the Mexican people and should manifest a
+ disposition to adhere to the obligations of treaties and international
+ friendship. In the present case such official recognition has been
+ deferred by the occurrences on the Rio Grande border, the records
+ of which have been already communicated to each House of Congress in
+ answer to their respective resolutions of inquiry. Assurances
+ have been received that the authorities at the seat of the Mexican
+ Government have both the disposition and the power to prevent and
+ punish such unlawful invasions and depredations. It is earnestly to be
+ hoped that events may prove these assurances to be well founded. The
+ best interests of both countries require the maintenance of peace upon
+ the border and the development of commerce between the two Republics.
+</p>
+<p>
+ It is gratifying to add that this temporary interruption of official
+ relations has not prevented due attention by the representatives of
+ the United States in Mexico to the protection of American citizens, so
+ far as practicable; nor has it interfered with the prompt payment of
+ the amounts due from Mexico to the United States under the treaty of
+ July 4, 1868, and the awards of the joint commission. While I do not
+ anticipate an interruption of friendly relations with Mexico, yet I
+ can not but look with some solicitude upon a continuance of border
+ disorders as exposing the two countries to initiations of popular
+ feeling and mischances of action which are naturally unfavorable to
+ complete amity. Firmly determined that nothing shall be wanting on my
+ part to promote a good understanding between the two nations, I yet
+ must ask the attention of Congress to the actual occurrences on the
+ border, that the lives and property of our citizens may be adequately
+ protected and peace preserved.
+</p>
+<p>
+ Another year has passed without bringing to a close the protracted
+ contest between the Spanish Government and the insurrection in the
+ island of Cuba. While the United States have sedulously abstained from
+ any intervention in this contest, it is impossible not to feel that
+ it is attended with incidents affecting the rights and interests of
+ American citizens. Apart from the effect of the hostilities upon
+ trade between the United States and Cuba, their progress is inevitably
+ accompanied by complaints, having more or less foundation, of
+ searches, arrests, embargoes, and oppressive taxes upon the property
+ of American residents, and of unprovoked interference with American
+ vessels and commerce. It is due to the Government of Spain to say that
+ during the past year it has promptly disavowed and offered reparation
+ for any unauthorized acts of unduly zealous subordinates whenever
+ such acts have been brought to its attention. Nevertheless, such
+ occurrences can not but tend to excite feelings of annoyance,
+ suspicion, and resentment, which are greatly to be deprecated, between
+ the respective subjects and citizens of two friendly powers.
+</p>
+<p>
+ Much delay (consequent upon accusations of fraud in some of the
+ awards) has occurred in respect to the distribution of the limited
+ amounts received from Venezuela under the treaty of April 25, 1866,
+ applicable to the awards of the joint commission created by that
+ treaty. So long as these matters are pending in Congress the Executive
+ can not assume either to pass upon the questions presented or to
+ distribute the fund received. It is eminently desirable that definite
+ legislative action should be taken, either affirming the awards to be
+ final or providing some method for reexamination of the claims. Our
+ relations with the Republics of Central and South America and with the
+ Empire of Brazil have continued without serious change, further than
+ the temporary interruption of diplomatic intercourse with Venezuela
+ and with Guatemala. Amicable relations have already been fully
+ restored with Venezuela, and it is not doubted that all grounds of
+ misunderstanding with Guatemala will speedily be removed. From all
+ these countries there are favorable indications of a disposition on
+ the part of their Governments and people to reciprocate our efforts in
+ the direction of increased commercial intercourse.
+</p>
+<p>
+ The Government of the Samoan Islands has sent an envoy, in the person
+ of its secretary of state, to invite the Government of the United
+ States to recognize and protect their independence, to establish
+ commercial relations with their people, and to assist them in their
+ steps toward regulated and responsible government. The inhabitants
+ of these islands, having made considerable progress in Christian
+ civilization and the development of trade, are doubtful of their
+ ability to maintain peace and independence without the aid of some
+ stronger power. The subject is deemed worthy of respectful attention,
+ and the claims upon our assistance by this distant community will be
+ carefully considered.
+</p>
+<p>
+ The long commercial depression in the United States has directed
+ attention to the subject of the possible increase of our foreign trade
+ and the methods for its development, not only with Europe, but with
+ other countries, and especially with the States and sovereignties of
+ the Western Hemisphere. Instructions from the Department of State
+ were issued to the various diplomatic and consular officers of the
+ Government, asking them to devote attention to the question of methods
+ by which trade between the respective countries of their official
+ residence and the United States could be most judiciously fostered.
+ In obedience to these instructions, examinations and reports upon this
+ subject have been made by many of these officers and transmitted to
+ the Department, and the same are submitted to the consideration of
+ Congress.
+</p>
+<p>
+ The annual report of the Secretary of the Treasury on the state of the
+ finances presents important questions for the action of Congress, upon
+ some of which I have already remarked.
+</p>
+<p>
+ The revenues of the Government during the fiscal year ending June 30,
+ 1877, were $269,000,586.62; the total expenditures for the same period
+ were $238,660,008.93, leaving a surplus revenue of $30,340,577.69.
+ This has substantially supplied the requirements of the sinking fund
+ for that year. The estimated revenues of the current fiscal year are
+ $265,500,000, and the estimated expenditures for the same period are
+ $232,430,643.72. If these estimates prove to be correct, there will be
+ a surplus revenue of $33,069,356.28&mdash;an amount nearly sufficient for
+ the sinking fund for that year. The estimated revenues for the next
+ fiscal year are $269,250,000. It appears from the report that during
+ the last fiscal year the revenues of the Government, compared with the
+ previous year, have largely decreased. This decrease, amounting to the
+ sum of $18,481,452.54, was mainly in customs duties, caused partly
+ by a large falling off of the amount of imported dutiable goods and
+ partly by the general fall of prices in the markets of production of
+ such articles as pay <i>ad valorem</i> taxes.
+</p>
+<p>
+ While this is felt injuriously in the diminution of the revenue, it
+ has been accompanied with a very large increase of exportations. The
+ total exports during the last fiscal year, including coin, have
+ been $658,637,457, and the imports have been $492,097,540, leaving a
+ balance of trade in favor of the United States amounting to the sum of
+ $166,539,917, the beneficial effects of which extend to all branches
+ of business.
+</p>
+<p>
+ The estimated revenue for the next fiscal year will impose upon
+ Congress the duty of strictly limiting appropriations, including the
+ requisite sum for the maintenance of the sinking fund, within the
+ aggregate estimated receipts.
+</p>
+<p>
+ While the aggregate of taxes should not be increased, amendments
+ might be made to the revenue laws that would, without diminishing the
+ revenue, relieve the people from unnecessary burdens. A tax on tea and
+ coffee is shown by the experience not only of our own country, but
+ of other countries, to be easily collected, without loss by
+ undervaluation or fraud, and largely borne in the country of
+ production. A tax of 10 cents a pound on tea and 2 cents a pound on
+ coffee would produce a revenue exceeding $12,000,000, and thus enable
+ Congress to repeal a multitude of annoying taxes yielding a revenue
+ not exceeding that sum. The internal-revenue system grew out of the
+ necessities of the war, and most of the legislation imposing taxes
+ upon domestic products under this system has been repealed. By the
+ substitution of a tax on tea and coffee all forms of internal taxation
+ may be repealed, except that on whisky, spirits, tobacco, and beer.
+ Attention is also called to the necessity of enacting more vigorous
+ laws for the protection of the revenue and for the punishment of
+ frauds and smuggling. This can best be done by judicious provisions
+ that will induce the disclosure of attempted fraud by undervaluation
+ and smuggling. All revenue laws should be simple in their provisions
+ and easily understood. So far as practicable, the rates of taxation
+ should be in the form of specific duties, and not <i>ad valorem</i>,
+ requiring the judgment of experienced men to ascertain values and
+ exposing the revenue to the temptation of fraud.
+</p>
+<p>
+ My attention has been called during the recess of Congress to abuses
+ existing in the collection of the customs, and strenuous efforts
+ have been made for their correction by Executive orders. The
+ recommendations submitted to the Secretary of the Treasury by a
+ commission appointed to examine into the collection of customs duties
+ at the port of New York contain many suggestions for the modification
+ of the customs laws, to which the attention of Congress is invited.
+</p>
+<p>
+ It is matter of congratulation that notwithstanding the severe
+ burdens caused by the war the public faith with all creditors has been
+ preserved, and that as the result of this policy the public credit has
+ continuously advanced and our public securities are regarded with the
+ highest favor in the markets of the world. I trust that no act of the
+ Government will cast a shadow upon its credit.
+</p>
+<p>
+ The progress of refunding the public debt has been rapid and
+ satisfactory. Under the contract existing when I entered upon the
+ discharge of the duties of my office, bonds bearing interest at the
+ rate of 4-1/2 per cent were being rapidly sold, and within three
+ months the aggregate sales of these bonds had reached the sum of
+ $200,000,000. With my sanction the Secretary of the Treasury entered
+ into a new contract for the sale of 4 per cent bonds, and within
+ thirty days after the popular subscription for such bonds was opened
+ subscriptions were had amounting to $75,496,550, which were paid for
+ within ninety days after the date of subscription. By this process,
+ within but little more than one year, the annual interest on the
+ public debt was reduced in the sum of $3,775,000.
+</p>
+<p>
+ I recommended that suitable provision be made to enable the people to
+ easily convert their savings into Government securities, as the best
+ mode in which small savings may be well secured and yield a moderate
+ interest. It is an object of public policy to retain among our own
+ people the securities of the United States. In this way our country is
+ guarded against their sudden return from foreign countries, caused by
+ war or other disturbances beyond our limits.
+</p>
+<p>
+ The commerce of the United States with foreign nations, and especially
+ the export of domestic productions, has of late years largely
+ increased; but the greater portion of this trade is conducted in
+ foreign vessels. The importance of enlarging our foreign trade, and
+ especially by direct and speedy interchange with countries on this
+ continent, can not be overestimated; and it is a matter of great
+ moment that our own shipping interest should receive, to the utmost
+ practical extent, the benefit of our commerce with other lands. These
+ considerations are forcibly urged by all the large commercial cities
+ of the country, and public attention is generally and wisely attracted
+ to the solution of the problems they present. It is not doubted that
+ Congress will take them up in the broadest spirit of liberality
+ and respond to the public demand by practical legislation upon this
+ important subject.
+</p>
+<p>
+ The report of the Secretary of War shows that the Army has been
+ actively employed during the year, and has rendered very important
+ service in suppressing hostilities in the Indian country and in
+ preserving peace and protecting life and property in the interior as
+ well as along the Mexican border. A long and arduous campaign has been
+ prosecuted, with final complete success, against a portion of the Nez
+ Percé tribe of Indians. A full account of this campaign will be found
+ in the report of the General of the Army. It will be seen that in
+ its course several severe battles were fought, in which a number of
+ gallant officers and men lost their lives. I join with the Secretary
+ of War and the General of the Army in awarding to the officers and men
+ employed in the long and toilsome pursuit and in the final capture of
+ these Indians the honor and praise which are so justly their due.
+</p>
+<p>
+ The very serious riots which occurred in several of the States in July
+ last rendered necessary the employment of a considerable portion of
+ the Army to preserve the peace and maintain order. In the States of
+ West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
+ were so formidable as to defy the local and State authorities, and
+ the National Executive was called upon, in the mode provided by the
+ Constitution and laws, to furnish military aid. I am gratified to be
+ able to state that the troops sent in response to these calls for aid
+ in the suppression of domestic violence were able, by the influence
+ of their presence in the disturbed regions, to preserve the peace
+ and restore order without the use of force. In the discharge of this
+ delicate and important duty both officers and men acted with great
+ prudence and courage, and for their services deserve the thanks of the
+ country.
+</p>
+<p>
+ Disturbances along the Rio Grande in Texas, to which I have already
+ referred, have rendered necessary the constant employment of a
+ military force in that vicinity. A full report of all recent military
+ operations in that quarter has been transmitted to the House of
+ Representatives in answer to a resolution of that body, and it will
+ therefore not be necessary to enter into details. I regret to say that
+ these lawless incursions into our territory by armed bands from the
+ Mexican side of the line, for the purpose of robbery, have been of
+ frequent occurrence, and in spite of the most vigilant efforts of
+ the commander of our forces the marauders have generally succeeded in
+ escaping into Mexico with their plunder. In May last I gave orders for
+ the exercise of the utmost vigilance on the part of our troops for the
+ suppression of these raids and the punishment of the guilty parties,
+ as well as the recapture of property stolen by them. General Ord,
+ commanding in Texas, was directed to invite the cooperation of the
+ Mexican authorities in efforts to this end, and to assure them that I
+ was anxious to avoid giving the least offense to Mexico. At the same
+ time, he was directed to give notice of my determination to put an
+ end to the invasion of our territory by lawless bands intent upon the
+ plunder of our peaceful citizens, even if the effectual punishment of
+ the outlaws should make the crossing of the border by our troops in
+ their pursuit necessary. It is believed that this policy has had
+ the effect to check somewhat these depredations, and that with
+ a considerable increase of our force upon that frontier and the
+ establishment of several additional military posts along the Rio
+ Grande, so as more effectually to guard that extensive border, peace
+ may be preserved and the lives and property of our citizens in Texas
+ fully protected.
+</p>
+<p>
+ Prior to the 1st day of July last the Army was, in accordance with
+ law, reduced to the maximum of 25,000 enlisted men, being a reduction
+ of 2,500 below the force previously authorized. This reduction was
+ made, as required by law, entirely from the infantry and artillery
+ branches of the service, without any reduction of the cavalry. Under
+ the law as it now stands it is necessary that the cavalry regiments
+ be recruited to 100 men in each company for service on the Mexican
+ and Indian frontiers. The necessary effect of this legislation is to
+ reduce the infantry and artillery arms of the service below the number
+ required for efficiency, and I concur with the Secretary of War in
+ recommending that authority be given to recruit all companies of
+ infantry to at least 50 men and all batteries of artillery to at least
+ 75 men, with the power, in case of emergency, to increase the former
+ to 100 and the latter to 122 men each.
+</p>
+<p>
+ I invite your special attention to the following recommendations of
+ the Secretary of War:
+</p>
+<p>
+ First. That provision be made for supplying to the Army a more
+ abundant and better supply of reading matter.
+</p>
+<p>
+ Second. That early action be taken by Congress looking to a complete
+ revision and republication of the Army Regulations.
+</p>
+<p>
+ Third. That section 1258 of the Revised Statutes, limiting the number
+ of officers on the retired list, be repealed.
+</p>
+<p>
+ Fourth. That the claims arising under the act of July 4, 1864, for
+ supplies taken by the Army during the war, be taken from the offices
+ of the Quartermaster and Commissary Generals and transferred to the
+ Southern Claims Commission, or some other tribunal having more time
+ and better facilities for their prompt investigation and decision than
+ are possessed by these officers.
+</p>
+<p>
+ Fifth. That Congress provide for an annuity fund for the families
+ of deceased soldiers, as recommended by the Paymaster-General of the
+ Army.
+</p>
+<p>
+ The report of the Secretary of the Navy shows that we have six
+ squadrons now engaged in the protection of our foreign commerce
+ and other duties pertaining to the naval service. The condition and
+ operations of the Department are also shown. The total expenditures
+ for the fiscal year ending June 30, 1877, were $16,077,974.54. There
+ are unpaid claims against the Department chargeable to the last year,
+ which are presented to the consideration of Congress by the report of
+ the Secretary. The estimates for the fiscal year commencing July 1,
+ 1878, are $16,233,234.40, exclusive of the sum of $2,314,231
+ submitted for new buildings, repairs, and improvements at the several
+ navy-yards. The appropriations for the present fiscal year, commencing
+ July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury
+ from July 1 to November 1, 1877, is $5,343,037.40, of which there is
+ estimated to be yet available $1,029,528.30, showing the amount of
+ actual expenditure during the first four months of the present fiscal
+ year to have been $4,313,509.10.
+</p>
+<p>
+ The report of the Postmaster-General contains a full and clear
+ statement of the operations and condition of the Post-Office
+ Department. The ordinary revenues of the Department for the fiscal
+ year ending June 30, 1877, including receipts from the money-order
+ business and from official stamps and stamped envelopes, amounted
+ to the sum of $27,531,585.26. The additional sum of $7,013,000 was
+ realized from appropriations from the general Treasury for various
+ purposes, making the receipts from all sources $34,544,885.26. The
+ total expenditures during the fiscal year amounted to $33,486,322.44,
+ leaving an excess of total receipts over total expenditures of
+ $1,058,562.82, and an excess of total expenditures over ordinary
+ receipts of $5,954,737.18. Deducting from the total receipts the
+ sum of $63,261.84, received from international money orders of the
+ preceding fiscal year, and deducting from the total expenditures the
+ sum of $1,163,818.20, paid on liabilities incurred in previous fiscal
+ years, the expenditures and receipts appertaining to the business of
+ the last fiscal year were as follows:
+</p>
+
+<table summary="" width="100%"> <tr><td> Expenditures </td><td
+align="right">$32,322,504.24</td></tr> <tr><td> Receipts (ordinary, from
+money-order business and from official postage stamps) </td><td
+align="right">27,468,323.42</td></tr> <tr><td> </td><td
+align="right"><hr class="full"></td></tr> <tr><td> Excess of
+expenditures </td><td align="right">4,854,180.82</td></tr> </table>
+
+<p>
+ The ordinary revenues of the Post-Office Department for the year
+ ending June 30, 1879, are estimated at an increase of 3 per cent over
+ those of 1877, making $29,034,098.28, and the expenditures for
+ the same year are estimated at $36,427,771, leaving an estimated
+ deficiency for the year 1879 of $7,393,672.72. The additional
+ legislation recommended by the Postmaster-General for improvements of
+ the mail service and to protect the postal revenues from the abuses
+ practiced under existing laws is respectfully commended to the careful
+ consideration of Congress.
+</p>
+<p>
+ The report of the Attorney-General contains several suggestions as to
+ the administration of justice, to which I invite your attention.
+ The pressure of business in the Supreme Court and in certain circuit
+ courts of the United States is now such that serious delays, to the
+ great injury, and even oppression, of suitors, occur, and a remedy
+ should be sought for this condition of affairs. Whether it will be
+ found in the plan briefly sketched in the report, of increasing the
+ number of judges of the circuit courts, and, by means of this addition
+ to the judicial force, of creating an intermediate court of errors and
+ appeals, or whether some other mode can be devised for obviating the
+ difficulties which now exist, I leave to your mature consideration.
+</p>
+<p>
+ The present condition of the Indian tribes in the territory of the
+ United States and our relations with them are fully set forth in
+ the reports of the Secretary of the Interior and the Commissioner
+ of Indian Affairs. After a series of most deplorable conflicts&mdash;the
+ successful termination of which, while reflecting honor upon the
+ brave soldiers who accomplished it, can not lessen our regret at their
+ occurrence&mdash;we are now at peace with all the Indian tribes within our
+ borders. To preserve that peace by a just and humane policy will be
+ the object of my earnest endeavors. Whatever may be said of their
+ character and savage propensities, of the difficulties of introducing
+ among them the habits of civilized life, and of the obstacles they
+ have offered to the progress of settlement and enterprise in certain
+ parts of the country, the Indians are certainly entitled to our
+ sympathy and to a conscientious respect on our part for their claims
+ upon our sense of justice. They were the aboriginal occupants of the
+ land we now possess. They have been driven from place to place. The
+ purchase money paid to them in some cases for what they called their
+ own has still left them poor. In many instances, when they had settled
+ down upon land assigned to them by compact and begun to support
+ themselves by their own labor, they were rudely jostled off and thrust
+ into the wilderness again. Many, if not most, of our Indian wars have
+ had their origin in broken promises and acts of injustice upon our
+ part, and the advance of the Indians in civilization has been slow
+ because the treatment they received did not permit it to be faster
+ and more general. We can not expect them to improve and to follow our
+ guidance unless we keep faith with them in respecting the rights they
+ possess, and unless, instead of depriving them of their opportunities,
+ we lend them a helping hand.
+</p>
+<p>
+ I cordially approve the policy regarding the management of Indian
+ affairs outlined in the reports of the Secretary of the Interior and
+ of the Commissioner of Indian Affairs. The faithful performance of
+ our promises is the first condition of a good understanding with the
+ Indians. I can not too urgently recommend to Congress that prompt and
+ liberal provision be made for the conscientious fulfillment of all
+ engagements entered into by the Government with the Indian tribes.
+ To withhold the means necessary for the performance of a promise
+ is always false economy, and is apt to prove disastrous in its
+ consequences. Especial care is recommended to provide for Indians
+ settled on their reservations cattle and agricultural implements, to
+ aid them in whatever efforts they may make to support themselves, and
+ by the establishment and maintenance of schools to bring them under
+ the control of civilized influences. I see no reason why Indians who
+ can give satisfactory proof of having by their own labor supported
+ their families for a number of years, and who are willing to detach
+ themselves from their tribal relations, should not be admitted to the
+ benefit of the homestead act and the privileges of citizenship, and
+ I recommend the passage of a law to that effect. It will be an act
+ of justice as well as a measure of encouragement. Earnest efforts
+ are being made to purify the Indian service, so that every dollar
+ appropriated by Congress shall redound to the benefit of the Indians,
+ as intended. Those efforts will have my firm support. With an improved
+ service and every possible encouragement held out to the Indians
+ to better their condition and to elevate themselves in the scale of
+ civilization, we may hope to accomplish at the same time a good work
+ for them and for ourselves.
+</p>
+<p>
+ I invite the attention of Congress to the importance of the statements
+ and suggestions made by the Secretary of the Interior concerning the
+ depredations committed on the timber lands of the United States and
+ the necessity for the preservation of forests. It is believed that
+ the measures taken in pursuance of existing laws to arrest those
+ depredations will be entirely successful if Congress, by an
+ appropriation for that purpose, renders their continued enforcement
+ possible. The experience of other nations teaches us that a country
+ can not be stripped of its forests with impunity, and we shall
+ expose ourselves to the gravest consequences unless the wasteful
+ and improvident manner in which the forests in the United States
+ are destroyed be effectually checked. I earnestly recommend that
+ the measures suggested by the Secretary of the Interior for the
+ suppression of depredations on the public timber lands of the United
+ States, for the selling of timber from the public lands, and for the
+ preservation of forests be embodied in a law, and that, considering
+ the urgent necessity of enabling the people of certain States and
+ Territories to purchase timber from the public lands in a legal
+ manner, which at present they can not do, such a law be passed without
+ unavoidable delay. I would also call the attention of Congress to
+ the statements made by the Secretary of the Interior concerning the
+ disposition that might be made of the desert lands, not irrigable,
+ west of the one hundredth meridian. These lands are practically
+ unsalable under existing laws, and the suggestion is worthy of
+ consideration that a system of leasehold tenure would make them
+ a source of profit to the United States, while at the same time
+ legalizing the business of cattle raising which is at present carried
+ on upon them.
+</p>
+<p>
+ The report of the Commissioner of Agriculture contains the gratifying
+ announcement of the extraordinary success which has rewarded the
+ agricultural industry of the country for the past year. With the fair
+ prices which obtain for the products of the soil, especially for the
+ surplus which our people have to export, we may confidently turn to
+ this as the most important of all our resources for the revival of the
+ depressed industries of the country. The report shows our agricultural
+ progress during the year, and contains a statement of the work done
+ by this Department for the advancement of agricultural industry, upon
+ which the prosperity of our people so largely depends. Matters of
+ information are included of great interest to all who seek, by the
+ experience of others, to improve their own methods of cultivation.
+ The efforts of the Department to increase the production of important
+ articles of consumption will, it is hoped, improve the demand for
+ labor and advance the business of the country, and eventually result
+ in saving some of the many millions that are now annually paid to
+ foreign nations for sugar and other staple products which habitual use
+ has made necessary in our domestic everyday life.
+</p>
+<p>
+ The board on behalf of the United States Executive Departments at the
+ International Exhibition of 1876 has concluded its labors. The final
+ report of the board was transmitted to Congress by the President
+ near the close of the last session. As these papers are understood to
+ contain interesting and valuable information, and will constitute
+ the only report emanating from the Government on the subject of the
+ exhibition, I invite attention to the matter and recommend that the
+ report be published for general information.
+</p>
+<p>
+ Congress is empowered by the Constitution with the authority of
+ exclusive legislation over the District of Columbia, in which the seat
+ of Government of the nation is located. The interests of the District,
+ having no direct representation in Congress, are entitled to especial
+ consideration and care at the hands of the General Government. The
+ capital of the United States belongs to the nation, and it is natural
+ that the American people should take pride in the seat of their
+ National Government and desire it to be an ornament to the country.
+ Much has been done to render it healthful, convenient, and attractive,
+ but much remains to be done, which its permanent inhabitants are not
+ able and ought not to be expected to do. To impose upon them a large
+ proportion of the cost required for public improvements, which are
+ in a great measure planned and executed for the convenience of the
+ Government and of the many thousands of visitors from all parts of
+ the country who temporarily reside at the capital of the nation, is an
+ evident injustice. Special attention is asked by the Commissioners of
+ the District in their report, which is herewith transmitted, to the
+ importance of a permanent adjustment by Congress of the financial
+ relations between the United States and the District, involving
+ the regular annual contribution by the United States of its just
+ proportion of the expenses of the District government and of the
+ outlay for all needed public improvements, and such measure of
+ relief from the burden of taxation now resting upon the people of the
+ District as in the wisdom of Congress may be deemed just.
+</p>
+<p>
+ The report of the Commissioners shows that the affairs of the District
+ are in a condition as satisfactory as could be expected in view of the
+ heavy burden of debt resting upon it and its very limited means for
+ necessary expenses.
+</p>
+<p>
+ The debt of the District is as follows:
+</p>
+
+<table summary="" width="100%"> <tr><td> Old funded debt </td><td
+align="right">$8,379,691.96</td></tr> <tr><td> 3.65 bonds, guaranteed by
+the United States </td><td align="right">13,743,250.00</td></tr>
+<tr><td> </td><td align="right"><hr class="full"></td></tr> <tr><td>
+Total bonded debt </td><td align="right">22,122,941.96</td></tr>
+<tr><td> To which should be added certain outstanding claims, as
+explained in the report of the Commissioners </td><td
+align="right">1,187,204.52</td></tr> <tr><td> </td><td align="right"><hr
+class="full"></td></tr> <tr><td> Making the total debt of the District
+</td><td align="right">23,310,146.48</td></tr> </table>
+
+<p>
+ The Commissioners also ask attention to the importance of the
+ improvement of the Potomac River and the reclamation of the marshes
+ bordering the city of Washington, and their views upon this subject
+ are concurred in by the members of the board of health, whose report
+ is also herewith transmitted. Both the commercial and sanitary
+ interests of the District will be greatly promoted, I doubt not,
+ by this improvement.
+</p>
+<p>
+ Your attention is invited to the suggestion of the Commissioners and
+ of the board of health for the organization of a board of charities,
+ to have supervision and control of the disbursement of all moneys for
+ charitable purposes from the District treasury. I desire also to ask
+ your especial attention to the need of adding to the efficiency of the
+ public schools of the District by supplemental aid from the National
+ Treasury. This is especially just, since so large a number of those
+ attending these schools are children of employees of the Government.
+ I earnestly commend to your care the interests of the people of
+ the District, who are so intimately associated with the Government
+ establishments, and to whose enterprise the good order and
+ attractiveness of the capital are largely due; and I ask your
+ attention to the request of the Commissioners for legislation in
+ behalf of the interests intrusted to their care. The appropriations
+ asked for the care of the reservations belonging to the Government
+ within the city, by the Commissioner of Public Buildings and Grounds,
+ are also commended to your favorable consideration.
+</p>
+<p>
+ The report of the joint commission created by the act approved 2d of
+ August, 1876, entitled "An act providing for the completion of the
+ Washington Monument," is also herewith transmitted, with accompanying
+ documents. The board of engineer officers detailed to examine the
+ monument, in compliance with the second section of the act, have
+ reported that the foundation is insufficient. No authority exists for
+ making the expenditure necessary to secure its stability. I therefore
+ recommend that the commission be authorized to expend such portion of
+ the sum appropriated by the act as may be necessary for the purpose.
+ The present unfinished condition of the monument, begun so long ago,
+ is a reproach to the nation. It can not be doubted that the patriotic
+ sense of the country will warmly respond to such prompt provision
+ as may be made for its completion at an early day, and I urge upon
+ Congress the propriety and necessity of immediate legislation for this
+ purpose.
+</p>
+<p>
+ The wisdom of legislation upon the part of Congress, in aid of the
+ States, for the education of the whole people in those branches of
+ study which are taught in the common schools of the country is no
+ longer a question. The intelligent judgment of the country goes still
+ further, regarding it as also both constitutional and expedient for
+ the General Government to extend to technical and higher education,
+ such aid as is deemed essential to the general welfare and to our due
+ prominence among the enlightened and cultured nations of the world.
+ The ultimate settlement of all questions of the future, whether of
+ administration or finance or of true nationality of sentiment, depends
+ upon the virtue and intelligence of the people. It is vain to hope
+ for the success of a free government without the means of insuring
+ the intelligence of those who are the source of power. No less than
+ one-seventh of the entire voting population of our country are yet
+ unable to read and write.
+</p>
+<p>
+ It is encouraging to observe, in connection with the growth of
+ fraternal feeling in those States in which slavery formerly existed,
+ evidences of increasing interest in universal education, and I shall
+ be glad to give my approval to any appropriate measures which may be
+ enacted by Congress for the purpose of supplementing with national aid
+ the local systems of education in those States and in all the States;
+ and, having already invited your attention to the needs of the
+ District of Columbia with respect to its public-school system, I here
+ add that I believe it desirable, not so much with reference to the
+ local wants of the District, but to the great and lasting benefit
+ of the entire country, that this system should be crowned with a
+ university in all respects in keeping with the national capital, and
+ thereby realize the cherished hopes of Washington on this subject.
+</p>
+<p>
+ I also earnestly commend the request of the Regents of the
+ Smithsonian Institution that an adequate appropriation be made for
+ the establishment and conduct of a national museum under their
+ supervision.
+</p>
+<p>
+ The question of providing for the preservation and growth of the
+ Library of Congress is also one of national importance. As the
+ depository of all copyright publications and records, this library has
+ outgrown the provisions for its accommodation; and the erection, on
+ such site as the judgment of Congress may approve, of a fireproof
+ library building, to preserve the treasures and enlarge the usefulness
+ of this valuable collection, is recommended. I recommend also such
+ legislation as will render available and efficient for the purposes
+ of instruction, so far as is consistent with the public service, the
+ cabinets or museums of invention, of surgery, of education, and
+ of agriculture, and other collections the property of the National
+ Government.
+</p>
+<p>
+ The capital of the nation should be something more than a mere
+ political center. We should avail ourselves of all the opportunities
+ which Providence has here placed at our command to promote the general
+ intelligence of the people and increase the conditions most favorable
+ to the success and perpetuity of our institutions.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 10, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for the information of Congress, a copy of the
+ report of the commission appointed by me on the 27th of September,
+ 1877, to examine the several public buildings in this city
+ and determine the nature and extent of their security against
+ conflagrations and the measures to be taken to guard the buildings and
+ their contents from destruction or damage by fire.
+</p>
+<p>
+ The records of the Government constitute a most valuable collection
+ for the country, whether we consider their pecuniary value or their
+ historical importance; and it becomes my duty to call your attention
+ to the means suggested for securing these valuable archives, as well
+ as the buildings in which they are stored. The commissioners
+ have performed their duties intelligently and faithfully. Their
+ recommendations are fully concurred in by me and commended to the
+ favorable consideration of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 10, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith an additional report (and an
+ accompanying statement) addressed to me by the commissioners appointed
+ under the act of Congress approved July 19, 1876, authorizing the
+ repavement of that part of Pennsylvania avenue lying between the
+ Treasury Department and the Capitol Grounds.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 13, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a special report upon the subject of forestry by
+ the Commissioner of Agriculture, with the accompanying documents.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<center>
+ [A similar message was sent to the Senate.]
+</center>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>January 11, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 3d
+ ultimo, requesting to be furnished with the correspondence between the
+ Government of Venezuela and that of the United States had since the
+ adjournment of the first session of the Forty-fourth Congress in
+ relation to the Venezuela Mixed Claims Commission, I transmit the
+ report of the Secretary of State, together with its accompanying
+ documents.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 14, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received the following resolution of the Senate:
+</p>
+<p class="q" style="text-align: right;">
+ IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,<br>
+ <i>December 11, 1877.</i>
+</p>
+<p class="q">
+ <i>Resolved</i>, That the President be respectfully requested
+ to inform the Senate, with the view to the transaction of
+ its executive business, whether in any of the instances of
+ nominations hitherto sent to the Senate stated to be for
+ appointment in place of officers removed such removals had
+ been made at the time of sending such nominations to the
+ Senate.
+</p>
+<p>
+ In reply I would respectfully inform the Senate that in the instances
+ referred to removals had not been made at the time the nominations
+ were sent to the Senate. The form used for such nominations was one
+ found to have been in existence and heretofore used in some of
+ the Departments, and was intended to inform the Senate that if the
+ nomination proposed were approved it would operate to remove an
+ incumbent whose name was indicated.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 17, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to the resolution of the Senate of the 13th November last
+ calling for information concerning the cause, numbers engaged, number
+ of lives lost, and probable cost of the late so-called Nez Percé War,
+ I have the honor to submit the accompanying communication from the
+ General of the Army and an extract from the annual report of that
+ officer. Upon the subject of the cost of the Nez Percé War, I submit
+ reports from the Quartermaster-General and the Commissary-General of
+ Subsistence.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 18, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a treaty of friendship and commerce between the United
+ States and the Government of the Samoan Islands, signed on the 17th
+ instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 18, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of December 6, 1877, I
+ inclose a report made to me by the Attorney-General, the results
+ of which seem to be correct, and which affords the information<a href="#note-8"><small>8</small></a>
+ requested.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<center>
+ [A similar message was sent to the House of Representatives, in answer
+ to a resolution of that body of November 27, 1877.]
+</center>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 23, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of November 16, 1877,
+ I transmit reports<a href="#note-9"><small>9</small></a> made to me by the Attorney-General and the
+ Secretary of the Navy.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 29, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 10th ultimo, I
+ transmit herewith copies of reports<a href="#note-10"><small>10</small></a> of the Commissioners of
+ Indian Affairs and General Land Office, dated 9th and 21st instant,
+ respectively.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 4, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ The commission appointed under the act of Congress approved March
+ 3, 1873, entitled "An act to authorize inquiries into the causes of
+ steam-boiler explosions," have addressed a report of progress, made to
+ date thereof, to the Secretaries of the Treasury and Navy Departments,
+ which has been transmitted to me by these officers. The commission
+ also present a copy of a report dated February 27, 1877, which they
+ say "was mislaid and did not reach the President." These reports are
+ respectfully submitted for the information of Congress.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>February 6, 1878</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ I transmit herewith, in compliance with a resolution of the Senate of
+ the 6th of December last, a report from the Secretary of State and its
+ accompanying papers.<a href="#note-11"><small>11</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 11, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of Congress entitled "Joint
+ resolution accepting a painting<a href="#note-12"><small>12</small></a> tendered to Congress by Mrs.
+ Elizabeth Thompson," approved by me on the 1st instant, I have this
+ day caused a copy of the resolution to be delivered to Mrs. Thompson.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 20, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to the resolution of the Senate of January 30, 1878,
+ I transmit herewith a report,<a href="#note-13"><small>13</small></a> dated the 16th instant, from the
+ Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 20, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate dated December 7, 1877,
+ I transmit herewith reports from the General of the Army, the
+ Quartermaster-General, the Commissary-General of Subsistence, and the
+ Chief of Ordnance, showing what has been the cost (estimated) of the
+ late war with the Sioux Indians, and what the casualties of rank and
+ file among the soldiers engaged in said Sioux War.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 27, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the information of the Senate, the reply of
+ the Commissioner of Agriculture to a resolution of the Senate of the
+ 20th instant, "relative to the disease prevailing among swine," etc.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 21, 1878</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 11th of March
+ instant, I herewith transmit a report from the Secretary of State,
+ with accompanying documents.<a href="#note-14"><small>14</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 25, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In further answer to the resolution of the Senate of December 7,
+ 1877, as to the cost of the Sioux War, I transmit copies of additional
+ reports on the subject received from the Military Division of the
+ Missouri.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>March 27, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the Senate's resolution of the 14th ultimo, requesting to
+ be furnished with a copy of correspondence between the Government of
+ the United States and that of China respecting the "Ward" claims and
+ the claim of Charles E. Hill, I herewith submit a letter from the
+ Secretary of State, together with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 29, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, in compliance with a resolution of the House of
+ Representatives of the 21st ultimo, a report from the Secretary of
+ State and its accompanying papers.<a href="#note-15"><small>15</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 2, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of April 16, 1878,1 transmit
+ herewith reports<a href="#note-16"><small>16</small></a> made to me by the Secretary of the Treasury and
+ the Attorney-General.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 10, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention defining the rights, immunities, and
+ privileges of consular officers, between the United States and His
+ Majesty the King of Italy, signed on the 8th instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 14, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 29th ultimo, I
+ transmit herewith a report from the Secretary of State, with its
+ accompanying papers.<a href="#note-17"><small>17</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 17, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit, for your appropriate action, a communication
+ from the Secretary of State, on the subject of the result of the
+ deliberations of the Fishery Commission appointed under certain
+ provisions of the treaty of Washington, with the accompanying
+ documents.
+</p>
+<p>
+ Article XXII of the treaty provides that any sum of money which the
+ commissioners may award shall be paid by the United States Government
+ in a gross sum within twelve months after such award shall have been
+ given.
+</p>
+<p>
+ The commission announced the result of its deliberations on the 23d
+ day of November last year, and an appropriation at the present session
+ of Congress will be necessary to enable the Government to make the
+ payment provided for in the treaty.
+</p>
+<p>
+ I respectfully submit to the consideration of Congress the record
+ of the transaction as presented upon the papers, and recommend an
+ appropriation of the necessary sum, with such discretion to the
+ executive government in regard to its payment as in the wisdom of
+ Congress the public interests may seem to require.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 25, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to its
+ ratification, a consular convention between the United States and the
+ Netherlands, signed on the 23d instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June 11, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the
+ 27th May ultimo, I transmit the response of the Secretary of State,
+ accompanied by a copy of the papers<a href="#note-18"><small>18</small></a> called for by the resolution.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 12, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In transmitting herewith to Congress a communication from the
+ Secretary of State on the subject of the conference provided for
+ in the act of February 28, 1878, entitled "An act to authorize the
+ coinage of the standard silver dollar and to restore its legal-tender
+ character," I respectfully recommend that an adequate appropriation be
+ made for certain expenses of the conference and of the commissioners
+ attending the same on behalf of the United States, as suggested in the
+ communication of the Secretary of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 15, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith the report of the board for
+ testing iron, steel, and other metals, as requested in the resolution
+ of the House of Representatives dated April 27, 1878.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June,7, 1878</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 27th of May ultimo,
+ I herewith transmit a report from the Secretary of State, with
+ accompanying documents.<a href="#note-19"><small>19</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 28, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After a very careful consideration of the House bill No. 1093,
+ entitled "An act to authorize the coinage of the standard silver
+ dollar and to restore its legal-tender character," I feel compelled
+ to return it to the House of Representatives, in which it originated,
+ with my objections to its passage.
+</p>
+<p>
+ Holding the opinion, which I expressed in my annual message, that
+ "neither the interests of the Government nor of the people of the
+ United States would be promoted by disparaging silver as one of the
+ two precious metals which furnish the coinage of the world, and that
+ legislation which looks to maintaining the volume of intrinsic money
+ to as full a measure of both metals as their relative commercial
+ values will permit would be neither unjust nor inexpedient," it has
+ been my earnest desire to concur with Congress in the adoption of such
+ measures to increase the silver coinage of the country as would not
+ impair the obligation of contracts, either public or private, nor
+ injuriously affect the public credit. It is only upon the conviction
+ that this bill does not meet these essential requirements that I feel
+ it my duty to withhold from it my approval.
+</p>
+<p>
+ My present official duty as to this bill permits only an attention to
+ the specific objections to its passage which seem to me so important
+ as to justify me in asking from the wisdom and duty of Congress that
+ further consideration of the bill for which the Constitution has in
+ such cases provided.
+</p>
+<p>
+ The bill provides for the coinage of silver dollars of the weight of
+ 412-1/2 grains each, of standard silver, to be a legal tender at their
+ nominal value for all debts and dues, public and private, except where
+ otherwise expressly stipulated in the contract. It is well known that
+ the market value of that number of grains of standard silver during
+ the past year has been from 90 to 92 cents as compared with the
+ standard gold dollar. Thus the silver dollar authorized by this bill
+ is worth 8 to 10 per cent less than it purports to be worth, and
+ is made a legal tender for debts contracted when the law did not
+ recognize such coins as lawful money.
+</p>
+<p>
+ The right to pay duties in silver or in certificates for silver
+ deposits will, when they are issued in sufficient amount to circulate,
+ put an end to the receipt of revenue in gold, and thus compel the
+ payment of silver for both the principal and interest of the public
+ debt. One billion one hundred and forty-three million four hundred
+ and ninety-three thousand four hundred dollars of the bonded debt now
+ outstanding was issued prior to February, 1873, when the silver dollar
+ was unknown in circulation in this country, and was only a convenient
+ form of silver bullion for exportation; $583,440,350 of the funded
+ debt has been issued since February, 1873, when gold alone was the
+ coin for which the bonds were sold, and gold alone was the coin in
+ which both parties to the contract understood that the bonds would
+ be paid. These bonds entered into the markets of the world. They were
+ paid for in gold when silver had greatly depreciated, and when no one
+ would have bought them if it had been understood that they would be
+ paid in silver. The sum of $225,000,000 of these bonds has been sold
+ during my Administration for gold coin, and the United States received
+ the benefit of these sales by a reduction of the rate of interest to
+ 4 per cent. During the progress of these sales a doubt was suggested
+ as to the coin in which payment of these bonds would be made. The
+ public announcement was thereupon authorized that it was "not to be
+ anticipated that any future legislation of Congress or any action
+ of any department of the Government would sanction or tolerate the
+ redemption of the principal of these bonds or the payment of the
+ interest thereon in coin of less value than the coin authorized by law
+ at the time of the issue of the bonds, being the coin exacted by the
+ Government in exchange for the same." In view of these facts it will
+ be justly regarded as a grave breach of the public faith to undertake
+ to pay these bonds, principal or interest, in silver coin worth in the
+ market less than the coin received for them.
+</p>
+<p>
+ It is said that the silver dollar made a legal tender by this bill
+ will under its operation be equivalent in value to the gold dollar.
+ Many supporters of the bill believe this, and would not justify an
+ attempt to pay debts, either public or private, in coin of inferior
+ value to the money of the world. The capital defect of the bill
+ is that it contains no provision protecting from its operation
+ preexisting debts in case the coinage which it creates shall continue
+ to be of less value than that which was the sole legal tender when
+ they were contracted. If it is now proposed, for the purpose of taking
+ advantage of the depreciation of silver in the payment of debts, to
+ coin and make a legal tender a silver dollar of less commercial value
+ than any dollar, whether of gold or paper, which is now lawful money
+ in this country, such measure, it will hardly be questioned, will,
+ in the judgment of mankind, be an act of bad faith. As to all debts
+ heretofore contracted, the silver dollar should be made a legal tender
+ only at its market value. The standard of value should not be changed
+ without the consent of both parties to the contract. National promises
+ should be kept with unflinching fidelity. There is no power to compel
+ a nation to pay its just debts. Its credit depends on its honor. The
+ nation owes what it has led or allowed its creditors to expect. I can
+ not approve a bill which in my judgment authorizes the violation of
+ sacred obligations. The obligation of the public faith transcends
+ all questions of profit or public advantage. Its unquestionable
+ maintenance is the dictate as well of the highest expediency as of
+ the most necessary duty, and should ever be carefully guarded by the
+ Executive, by Congress, and by the people.
+</p>
+<p>
+ It is my firm conviction that if the country is to be benefited by a
+ silver coinage it can be done only by the issue of silver dollars of
+ full value, which will defraud no man. A currency worth less than it
+ purports to be worth will in the end defraud not only creditors, but
+ all who are engaged in legitimate business, and none more surely than
+ those who are dependent on their daily labor for their daily bread.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 6, 1878.</i>
+</p>
+<p>
+ <i>To the House of Representatives:</i>
+</p>
+<p>
+ I return herewith House bill No. 3072, entitled "An act to authorize
+ a special term of the circuit court of the United States for the
+ southern district of Mississippi to be held at Scranton, in Jackson
+ County," with the following objections to its becoming a law:
+</p>
+<p>
+ The act provides that a special term of the circuit court of the
+ United States for the southern district of Mississippi shall be held
+ at Scranton, in Jackson County, Miss., to begin on the second Monday
+ in March, 1878, and directs the clerk of said court to "cause notice
+ of said special term of said court to be published in a newspaper in
+ Jackson, Miss., and also in a newspaper in Scranton, at least ten days
+ before the beginning thereof."
+</p>
+<p>
+ The act can not be executed, inasmuch as there is not sufficient time
+ to give the notice of the holding of the special term which Congress
+ thought proper to require.
+</p>
+<p>
+ The number of suits to be tried at the special term in which the
+ United States is interested is forty-nine, and the amount involved
+ exceeds $200,000. The Government can not prepare for trial at said
+ special term, because no fund appropriated by Congress can be made
+ available for that purpose. If, therefore, the Government is compelled
+ to go to trial at the special term provided for by this bill, the
+ United States must be defeated for want of time and means to make
+ preparation for the proper vindication of its rights.
+</p>
+<p>
+ The bill is therefore returned for the further consideration of
+ Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it is provided in the laws of the United States that whenever,
+ by reason of unlawful obstructions, combinations or assemblages of
+ persons, or rebellion against the authority of the Government of the
+ United States, it shall become impracticable, in the judgment of the
+ President, to enforce by the ordinary course of judicial proceedings
+ the laws of the United States within any State or Territory, it shall
+ be lawful for the President to call forth the militia of any or all
+ the States and to employ such parts of the land and naval forces of
+ the United States as he may deem necessary to enforce the faithful
+ execution of the laws of the United States or to suppress such
+ rebellion, in whatever State or Territory thereof the laws of the
+ United States may be forcibly opposed or the execution thereof
+ forcibly obstructed; and
+</p>
+<p>
+ Whereas it has been made to appear to me that, by reason of unlawful
+ combinations and assemblages of persons in arms, it has become
+ impracticable to enforce by the ordinary course of judicial
+ proceedings the laws of the United States within the Territory of New
+ Mexico, and especially within Lincoln County therein, and that the
+ laws of the United States have been therein forcibly opposed and the
+ execution thereof forcibly resisted; and
+</p>
+<p>
+ 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 of enforcing the faithful execution of the laws of
+ the United States, he shall forthwith, by proclamation, command such
+ insurgents to disperse and retire peaceably to their respective abodes
+ within a limited time:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do hereby admonish all good citizens of the United States,
+ and especially of the Territory of New Mexico, against aiding,
+ countenancing, abetting, or taking part in any such unlawful
+ proceedings; and I do hereby warn all persons engaged in or connected
+ with said obstruction of the laws to disperse and retire peaceably to
+ their respective abodes on or before noon of the 13th day of October
+ instant.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 7th day of October, A.D. 1878,
+ and of the Independence of the United States the one hundred and
+ third.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ F.W. SEWARD,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ The recurrence of that season at which it is the habit of our people
+ to make devout and public confession of their constant dependence upon
+ the divine favor for all the good gifts of life and happiness and
+ of public peace and prosperity exhibits in the record of the year
+ abundant reasons for our gratitude and thanksgiving.
+</p>
+<p>
+ Exuberant harvests, productive mines, ample crops of the staples of
+ trade and manufactures, have enriched the country.
+</p>
+<p>
+ The resources thus furnished to our reviving industry and expanding
+ commerce are hastening the day when discords and distresses through
+ the length and breadth of the land will, under the continued favor
+ of Providence, have given way to confidence and energy and assured
+ prosperity.
+</p>
+<p>
+ Peace with all nations has been maintained unbroken, domestic
+ tranquillity has prevailed, and the institutions of liberty and
+ justice which the wisdom and virtue of our fathers established remain
+ the glory and defense of their children.
+</p>
+<p>
+ The general prevalence of the blessings of health through our wide
+ land has made more conspicuous the sufferings and sorrows which the
+ dark shadow of pestilence has cast upon a portion of our people. This
+ heavy affliction even the Divine Ruler has tempered to the suffering
+ communities in the universal sympathy and succor which have flowed to
+ their relief, and the whole nation may rejoice in the unity of spirit
+ in our people by which they cheerfully share one another's burdens.
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do appoint Thursday, the 28th day of November next, as a day
+ of national thanksgiving and prayer; and I earnestly recommend that,
+ withdrawing themselves from secular cares and labors, the people of
+ the United States do meet together on that day in their respective
+ places of worship, there to give thanks and praise to Almighty God for
+ His mercies and to devoutly beseech their continuance.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 30th day of October, A.D. 1878,
+ and of the Independence of the United States the one hundred and
+ third.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, December 31, 1877</i>.
+</p>
+<p>
+JAMES H. COGGESHALL, Esq.,<br>
+ <i>Marshal of the United States for the
+ District of Rhode Island, Providence, R.I.</i>
+</p>
+<p>
+ SIR: By virtue of the authority conferred upon me by section 5287 of
+ the Revised Statutes of the United States, and in execution of the
+ same, you are hereby empowered and directed to take possession of the
+ steamer <i>Estelle</i>, now or lately lying at Bristol, in Rhode Island,
+ and to detain the same until further orders from me concerning the
+ same, and to employ such portion of the land and naval forces of the
+ United States as may be necessary for that purpose.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 27, 1878</i>.
+</p>
+<p>
+ SIR:<a href="#note-20"><small>20</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Thursday, the 30th
+ instant, in respect to the memory of those who fell in defense of the
+ Union, and to enable the employees to participate in the commemorative
+ ceremonies of the day.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Private Secretary</i>.
+</p>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SECOND ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 2, 1878</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ Our heartfelt gratitude is due to the Divine Being who holds in His
+ hands the destinies of nations for the continued bestowal during the
+ last year of countless blessings upon our country.
+</p>
+<p>
+ We are at peace with all other nations. Our public credit has greatly
+ improved, and is perhaps now stronger than ever before. Abundant
+ harvests have rewarded the labors of those who till the soil, our
+ manufacturing industries are reviving, and it is believed that general
+ prosperity, which has been so long anxiously looked for, is at last
+ within our reach.
+</p>
+<p>
+ The enjoyment of health by our people generally has, however, been
+ interrupted during the past season by the prevalence of a fatal
+ pestilence (the yellow fever) in some portions of the Southern States,
+ creating an emergency which called for prompt and extraordinary
+ measures of relief. The disease appeared as an epidemic at New Orleans
+ and at other places on the Lower Mississippi soon after midsummer.
+ It was rapidly spread by fugitives from the infected cities and
+ towns, and did not disappear until early in November. The States of
+ Louisiana, Mississippi, and Tennessee have suffered severely. About
+ 100,000 cases are believed to have occurred, of which about 20,000,
+ according to intelligent estimates, proved fatal. It is impossible
+ to estimate with any approach to accuracy the loss to the country
+ occasioned by this epidemic. It is to be reckoned by the hundred
+ millions of dollars. The suffering and destitution that resulted
+ excited the deepest sympathy in all parts of the Union. Physicians and
+ nurses hastened from every quarter to the assistance of the afflicted
+ communities. Voluntary contributions of money and supplies, in every
+ needed form, were speedily and generously furnished. The Government
+ was able to respond in some measure to the call for help, by providing
+ tents, medicines, and food for the sick and destitute, the requisite
+ directions for the purpose being given in the confident expectation
+ that this action of the Executive would receive the sanction of
+ Congress. About 1,800 tents, and rations of the value of about
+ $25,000, were sent to cities and towns which applied for them,
+ full details of which will be furnished to Congress by the proper
+ Department.
+</p>
+<p>
+ The fearful spread of this pestilence has awakened a very general
+ public sentiment in favor of national sanitary administration, which
+ shall not only control quarantine, but have the sanitary supervision
+ of internal commerce in times of epidemics, and hold an advisory
+ relation to the State and municipal health authorities, with power
+ to deal with whatever endangers the public health, and which the
+ municipal and State authorities are unable to regulate. The national
+ quarantine act approved April 29, 1878, which was passed too late in
+ the last session of Congress to provide the means for carrying it into
+ practical operation during the past season, is a step in the direction
+ here indicated. In view of the necessity for the most effective
+ measures, by quarantine and otherwise, for the protection of our
+ seaports and the country generally from this and other epidemics,
+ it is recommended that Congress give to the whole subject early and
+ careful consideration.
+</p>
+<p>
+ The permanent pacification of the country by the complete protection
+ of all citizens in every civil and political right continues to be of
+ paramount interest with the great body of our people. Every step
+ in this direction is welcomed with public approval, and every
+ interruption of steady and uniform progress to the desired
+ consummation awakens general uneasiness and widespread condemnation.
+ The recent Congressional elections have furnished a direct and
+ trustworthy test of the advance thus far made in the practical
+ establishment of the right of suffrage secured by the Constitution to
+ the liberated race in the Southern States. All disturbing influences,
+ real or imaginary, had been removed from all of these States.
+</p>
+<p>
+ The three constitutional amendments which conferred freedom and
+ equality of civil and political rights upon the colored people of the
+ South were adopted by the concurrent action of the great body of good
+ citizens who maintained the authority of the National Government and
+ the integrity and perpetuity of the Union at such a cost of treasure
+ and life, as a wise and necessary embodiment in the organic law of the
+ just results of the war. The people of the former slaveholding States
+ accepted these results, and gave in every practicable form assurances
+ that the thirteenth, fourteenth, and fifteenth amendments, and laws
+ passed in pursuance thereof, should in good faith be enforced, rigidly
+ and impartially, in letter and spirit, to the end that the humblest
+ citizen, without distinction of race or color, should under them
+ receive full and equal protection in person and property and in
+ political rights and privileges. By these constitutional amendments
+ the southern section of the Union obtained a large increase of
+ political power in Congress and in the electoral college, and the
+ country justly expected that elections would proceed, as to
+ the enfranchised race, upon the same circumstances of legal and
+ constitutional freedom and protection which obtained in all the other
+ States of the Union. The friends of law and order looked forward to
+ the conduct of these elections as offering to the general judgment of
+ the country an important opportunity to measure the degree in which
+ the right of suffrage could be exercised by the colored people and
+ would be respected by their fellow-citizens; but a more general
+ enjoyment of freedom of suffrage by the colored people and a more just
+ and generous protection of that freedom by the communities of which
+ they form a part were generally anticipated than the record of the
+ elections discloses. In some of those States in which the colored
+ people have been unable to make their opinions felt in the elections
+ the result is mainly due to influences not easily measured or remedied
+ by legal protection; but in the States of Louisiana and South Carolina
+ at large, and in some particular Congressional districts outside
+ of those States, the records of the elections seem to compel the
+ conclusion that the rights of the colored voters have been overridden
+ and their participation in the elections not permitted to be either
+ general or free.
+</p>
+<p>
+ It will be for the Congress for which these elections were held to
+ make such examinations into their conduct as may be appropriate to
+ determine the validity of the claims of members to their seats. In
+ the meanwhile it becomes the duty of the executive and judicial
+ departments of the Government, each in its province, to inquire into
+ and punish violations of the laws of the United States which have
+ occurred. I can but repeat what I said in this connection in my last
+ message, that whatever authority rests with me to this end I shall not
+ hesitate to put forth; and I am unwilling to forego a renewed appeal
+ to the legislatures, the courts, the executive authorities, and the
+ people of the States where these wrongs have been perpetrated to
+ give their assistance toward bringing to justice the offenders and
+ preventing a repetition of the crimes. No means within my power will
+ be spared to obtain a full and fair investigation of the alleged
+ crimes and to secure the conviction and just punishment of the guilty.
+</p>
+<p>
+ It is to be observed that the principal appropriation made for the
+ Department of Justice at the last session contained the following
+ clause:
+</p>
+<p class="q">
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+</p>
+<p>
+ It is the opinion of the Attorney-General that the expenses of these
+ proceedings will largely exceed the amount which was thus provided,
+ and I rely confidently upon Congress to make adequate appropriations
+ to enable the executive department to enforce the laws.
+</p>
+<p>
+ I respectfully urge upon your attention that the Congressional
+ elections, in every district, in a very important sense, are justly a
+ matter of political interest and concern throughout the whole country.
+ Each State, every political party, is entitled to the share of power
+ which is conferred by the legal and constitutional suffrage. It is the
+ right of every citizen possessing the qualifications prescribed by
+ law to cast one unintimidated ballot and to have his ballot honestly
+ counted. So long as the exercise of this power and the enjoyment of
+ this right are common and equal, practically as well as formally,
+ submission to the results of the suffrage will be accorded loyally and
+ cheerfully, and all the departments of Government will feel the
+ true vigor of the popular will thus expressed. No temporary or
+ administrative interests of Government, however urgent or weighty,
+ will ever displace the zeal of our people in defense of the primary
+ rights of citizenship. They understand that the protection of liberty
+ requires the maintenance in full vigor of the manly methods of free
+ speech, free press, and free suffrage, and will sustain the full
+ authority of Government to enforce the laws which are framed to
+ preserve these inestimable rights. The material progress and welfare
+ of the States depend on the protection afforded to their citizens.
+ There can be no peace without such protection, no prosperity without
+ peace, and the whole country is deeply interested in the growth and
+ prosperity of all its parts.
+</p>
+<p>
+ While the country has not yet reached complete unity of feeling
+ and reciprocal confidence between the communities so lately and so
+ seriously estranged, I feel an absolute assurance that the tendencies
+ are in that direction, and with increasing force. The power of public
+ opinion will override all political prejudices and all sectional or
+ State attachments in demanding that all over our wide territory the
+ name and character of citizen of the United States shall mean one and
+ the same thing and carry with them unchallenged security and respect.
+</p>
+<p>
+ Our relations with other countries continue peaceful. Our neutrality
+ in contests between foreign powers has been maintained and respected.
+</p>
+<p>
+ The Universal Exposition held at Paris during the past summer has been
+ attended by large numbers of our citizens. The brief period allowed
+ for the preparation and arrangement of the contributions of our
+ citizens to this great exposition was well employed in energetic and
+ judicious efforts to overcome this disadvantage. These efforts, led
+ and directed by the commissioner-general, were remarkably successful,
+ and the exhibition of the products of American industry was creditable
+ and gratifying in scope and character. The reports of the United
+ States commissioners, giving its results in detail, will be duly laid
+ before you. Our participation in this international competition for
+ the favor and the trade of the world may be expected to produce useful
+ and important results&mdash;in promoting intercourse, friendship, and
+ commerce with other nations.
+</p>
+<p>
+ In accordance with the provisions of the act of February 28, 1878,
+ three commissioners were appointed to an international conference on
+ the subject of adopting a common ratio between gold and silver, for
+ the purpose of establishing internationally the use of bimetallic
+ money and securing fixity of relative value between those metals.
+</p>
+<p>
+ Invitations were addressed to the various governments which had
+ expressed a willingness to participate in its deliberations. The
+ conference held its meetings in Paris in August last. The report
+ of the commissioners, herewith submitted, will show its results.
+ No common ratio between gold and silver could be agreed upon by the
+ conference. The general conclusion was reached that it is necessary to
+ maintain in the world the monetary functions of silver as well as of
+ gold, leaving the selection of the use of one or the other of these
+ two metals, or of both, to be made by each state.
+</p>
+<p>
+ Congress having appropriated at its last session the sum of $5,500,000
+ to pay the award of the joint commission at Halifax, if, after
+ correspondence with the British Government on the subject of the
+ conformity of the award to the requirements of the treaty and to
+ the terms of the question thereby submitted to the commission, the
+ President shall deem it his duty to make the payment, communications
+ upon these points were addressed to the British Government through
+ the legation of the United States at London. Failing to obtain the
+ concurrence of the British Government in the views of this Government
+ respecting the award, I have deemed it my duty to tender the sum named
+ within the year fixed by the treaty, accompanied by a notice of the
+ grounds of the payment and a protest against any other construction
+ of the same. The correspondence upon this subject will be laid before
+ you.
+</p>
+<p>
+ The Spanish Government has officially announced the termination of
+ the insurrection in Cuba and the restoration of peace throughout that
+ island. Confident expectations are expressed of a revival of trade
+ and prosperity, which it is earnestly hoped may prove well founded.
+ Numerous claims of American citizens for relief for injuries
+ or restoration of property have been among the incidents of the
+ long-continued hostilities. Some of these claims are in process of
+ adjustment by Spain, and the others are promised early and careful
+ consideration.
+</p>
+<p>
+ The treaty made with Italy in regard to reciprocal consular privileges
+ has been duly ratified and proclaimed.
+</p>
+<p>
+ No questions of grave importance have arisen with any other of the
+ European powers.
+</p>
+<p>
+ The Japanese Government has been desirous of a revision of such parts
+ of its treaties with foreign powers as relate to commerce, and it is
+ understood has addressed to each of the treaty powers a request to
+ open negotiations with that view. The United States Government has
+ been inclined to regard the matter favorably. Whatever restrictions
+ upon trade with Japan are found injurious to that people can not but
+ affect injuriously nations holding commercial intercourse with them.
+ Japan, after a long period of seclusion, has within the past few years
+ made rapid strides in the path of enlightenment and progress, and, not
+ unreasonably, is looking forward to the time when her relations with
+ the nations of Europe and America shall be assimilated to those which
+ they hold with each other. A treaty looking to this end has been made,
+ which will be submitted for the consideration of the Senate.
+</p>
+<p>
+ After an interval of several years the Chinese Government has again
+ sent envoys to the United States. They have been received, and a
+ permanent legation is now established here by that Government. It is
+ not doubted that this step will be of advantage to both nations in
+ promoting friendly relations and removing causes of difference.
+</p>
+<p>
+ The treaty with the Samoan Islands, having been duly ratified and
+ accepted on the part of both Governments, is now in operation, and a
+ survey and soundings of the harbor of Pago-Pago have been made by a
+ naval vessel of the United States, with a view of its occupation as
+ a naval station if found desirable to the service.
+</p>
+<p>
+ Since the resumption of diplomatic relations with Mexico
+ correspondence has been opened and still continues between the two
+ Governments upon the various questions which at one time seemed to
+ endanger their relations. While no formal agreement has been reached
+ as to the troubles on the border, much has been done to repress and
+ diminish them. The effective force of United States troops on the Rio
+ Grande, by a strict and faithful compliance with instructions, has
+ done much to remove the sources of dispute, and it is now understood
+ that a like force of Mexican troops on the other side of the river is
+ also making an energetic movement against the marauding Indian tribes.
+ This Government looks with the greatest satisfaction upon every
+ evidence of strength in the national authority of Mexico, and upon
+ every effort put forth to prevent or to punish incursions upon our
+ territory. Reluctant to assume any action or attitude in the control
+ of these incursions by military movements across the border not
+ imperatively demanded for the protection of the lives and property
+ of our own citizens, I shall take the earliest opportunity consistent
+ with the proper discharge of this plain duty to recognize the ability
+ of the Mexican Government to restrain effectively violations of
+ our territory. It is proposed to hold next year an international
+ exhibition in Mexico, and it is believed that the display of the
+ agricultural and manufacturing products of the two nations will tend
+ to better understanding and increased commercial intercourse between
+ their people.
+</p>
+<p>
+ With Brazil and the Republics of Central and South America some
+ steps have been taken toward the development of closer commercial
+ intercourse. Diplomatic relations have been resumed with Colombia and
+ with Bolivia. A boundary question between the Argentine Republic and
+ Paraguay has been submitted by those Governments for arbitration
+ to the President of the United States, and I have, after careful
+ examination, given a decision upon it.
+</p>
+<p>
+ A naval expedition up the Amazon and Madeira rivers has brought back
+ information valuable both for scientific and commercial purposes. A
+ like expedition is about visiting the coast of Africa and the Indian
+ Ocean. The reports of diplomatic and consular officers in relation
+ to the development of our foreign commerce have furnished many facts
+ that have proved of public interest and have stimulated to practical
+ exertion the enterprise of our people.
+</p>
+<p>
+ The report of the Secretary of the Treasury furnishes a detailed
+ statement of the operations of that Department of the Government and
+ of the condition of the public finances.
+</p>
+<p>
+ The ordinary revenues from all sources for the fiscal year ended June
+ 30, 1878, were $257,763,878.70; the ordinary expenditures for the same
+ period were $236,964,326.80, leaving a surplus revenue for the year of
+ $20,799,551.90. The receipts for the present fiscal year, ending June
+ 30, 1879, actual and estimated, are as follows: Actual receipts for
+ the first quarter, commencing July 1, 1878, $73,389,743.43;
+ estimated receipts for the remaining three quarters of the year,
+ $191,110,256.57; total receipts for the current fiscal year, actual
+ and estimated, $264,500,000. The expenditures for the same period will
+ be, actual and estimated, as follows: For the quarter commencing July
+ 1, 1878, actual expenditures, $73,344,573.27; and for the remaining
+ three quarters of the year the expenditures are estimated at
+ $166,755,426.73, making the total expenditures $240,100,000, and
+ leaving an estimated surplus revenue for the year ending June 30,
+ 1879, of $24,400,000. The total receipts during the next fiscal year,
+ ending June 30, 1880, estimated according to existing laws, will be
+ $264,500,000, and the estimated ordinary expenditures for the same
+ period will be $236,320,412.68, leaving a surplus of $28,179,587.32
+ for that year.
+</p>
+<p>
+ In the foregoing statements of expenditures, actual and estimated,
+ no amount is allowed for the sinking fund provided for by the act
+ approved February 25, 1862, which requires that 1 per cent of the
+ entire debt of the United States shall be purchased or paid within
+ each fiscal year, to be set apart as a sinking fund. There has been,
+ however, a substantial compliance with the conditions of the law. By
+ its terms the public debt should have been reduced between 1862
+ and the close of the last fiscal year $518,361,806.28; the
+ actual reduction of the ascertained debt in that period has been
+ $720,644,739.61, being in excess of the reduction required by the
+ sinking fund act $202,282,933.33.
+</p>
+<p>
+ The amount of the public debt, less cash in the Treasury, November 1,
+ 1878, was $2,024,200,083.18, a reduction since the same date last year
+ of $23,150,617.39.
+</p>
+<p>
+ The progress made during the last year in refunding the public debt at
+ lower rates of interest is very gratifying. The amount of 4 per cent
+ bonds sold during the present year prior to November 23, 1878, is
+ $100,270,900, and 6 per cent bonds, commonly known as five-twenties,
+ to an equal amount, have been or will be redeemed as calls mature.
+</p>
+<p>
+ It has been the policy of the Department to place the 4 per cent bonds
+ within easy reach of every citizen who desires to invest his savings,
+ whether small or great, in these securities. The Secretary of the
+ Treasury recommends that the law be so modified that small sums may
+ be invested, and that through the post-offices or other agents of the
+ Government the freest opportunity may be given in all parts of the
+ country for such investments.
+</p>
+<p>
+ The best mode suggested is that the Department be authorized to issue
+ certificates of deposit, of the denomination of $10, bearing interest
+ at the rate of 3.65 per cent per annum and convertible at any time
+ within one year after their issue into the 4 per cent bonds authorized
+ by the refunding act, and to be issued only in exchange for United
+ States notes sent to the Treasury by mail or otherwise. Such a
+ provision of law, supported by suitable regulations, would enable any
+ person readily, without cost or risk, to convert his money into an
+ interest-bearing security of the United States, and the money so
+ received could be applied to the redemption of 6 per cent bonds.
+</p>
+<p>
+ The coinage of gold during the last fiscal year was $52,798,980. The
+ coinage of silver dollars under the act passed February 28, 1878,
+ amounted on the 23d of November, 1878, to $19,814,550, of which amount
+ $4,984,947 are in circulation, and the balance, $14,829,603, is still
+ in the possession of the Government.
+</p>
+<p>
+ With views unchanged with regard to the act under which the coinage of
+ silver proceeds, it has been the purpose of the Secretary faithfully
+ to execute the law and to afford a fair trial to the measure.
+</p>
+<p>
+ In the present financial condition of the country I am persuaded that
+ the welfare of legitimate business and industry of every description
+ will be best promoted by abstaining from all attempts to make radical
+ changes in the existing financial legislation. Let it be understood
+ that during the coming year the business of the country will be
+ undisturbed by governmental interference with the laws affecting it,
+ and we may confidently expect that the resumption of specie payments,
+ which will take place at the appointed time, will be successfully and
+ easily maintained, and that it will be followed by a healthful and
+ enduring revival of business prosperity.
+</p>
+<p>
+ Let the healing influence of time, the inherent energies of our
+ people, and the boundless resources of our country have a fair
+ opportunity, and relief from present difficulties will surely follow.
+</p>
+<p>
+ The report of the Secretary of War shows that the Army has been well
+ and economically supplied; that our small force has been actively
+ employed and has faithfully performed all the service required of it.
+ The morale of the Army has improved and the number of desertions has
+ materially decreased during the year.
+</p>
+<p>
+ The Secretary recommends&mdash;
+</p>
+<p>
+ 1. That a pension be granted to the widow of the late Lieutenant Henry
+ H. Benner, Eighteenth Infantry, who lost his life by yellow fever
+ while in command of the steamer <i>J.M. Chambers</i>, sent with supplies
+ for the relief of sufferers in the South from that disease.
+</p>
+<p>
+ 2. The establishment of the annuity scheme for the benefit of the
+ heirs of deceased officers, as suggested by the Paymaster-General.
+</p>
+<p>
+ 3. The adoption by Congress of a plan for the publication of the
+ records of the War of the Rebellion, now being prepared for that
+ purpose.
+</p>
+<p>
+ 4. The increase of the extra per diem of soldier teachers employed in
+ post schools, and liberal appropriations for the erection of buildings
+ for schools and libraries at the different posts.
+</p>
+<p>
+ 5. The repeal or amendment of the act of June 18, 1878, forbidding the
+ use of the Army "as a <i>posse comitatus</i>, or otherwise, for the
+ purpose of executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be expressly
+ authorized by the Constitution or by act of Congress."
+</p>
+<p>
+ 6. The passage of a joint resolution of Congress legalizing the issues
+ of rations, tents, and medicines which were made for the relief of
+ sufferers from yellow fever.
+</p>
+<p>
+ 7. That provision be made for the erection of a fireproof building for
+ the preservation of certain valuable records, now constantly exposed
+ to destruction by fire.
+</p>
+<p>
+ These recommendations are all commended to your favorable
+ consideration.
+</p>
+<p>
+ The report of the Secretary of the Navy shows that the Navy
+ has improved during the last fiscal year. Work has been done on
+ seventy-five vessels, ten of which have been thoroughly repaired
+ and made ready for sea. Two others are in rapid progress toward
+ completion. The total expenditures of the year, including the
+ amount appropriated for the deficiencies of the previous year, were
+ $17,468,392.65. The actual expenses chargeable to the year, exclusive
+ of these deficiencies, were $13,306,914.09, or $767,199.18 less than
+ those of the previous year, and $4,928,677.74 less than the expenses
+ including the deficiencies. The estimates for the fiscal year ending
+ June 30, 1880, are $14,562,381.45, exceeding the appropriations of
+ the present year only $33,949.75, which excess is occasioned by the
+ demands of the Naval Academy and the Marine Corps, as explained in the
+ Secretary's report. The appropriations for the present fiscal year are
+ $14,528,431.70, which, in the opinion of the Secretary, will be ample
+ for all the current expenses of the Department during the year. The
+ amount drawn from the Treasury from July 1 to November 1, 1878, is
+ $4,740,544.14, of which $70,980.75 has been refunded, leaving as the
+ expenditure for that period $4,669,563.39, or $520,899.24 less than
+ the corresponding period of the last fiscal year.
+</p>
+<p>
+ The report of the Postmaster-General embraces a detailed statement of
+ the operations of the Post-Office Department. The expenditures of
+ that Department for the fiscal year ended June 30, 1878, were
+ $34,165,084.49. The receipts, including sales of stamps, money-order
+ business, and official stamps, were $29,277,516.95. The sum of
+ $290,436.90, included in the foregoing statement of expenditures, is
+ chargeable to preceding years, so that the actual expenditures for the
+ fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn
+ from the Treasury on appropriations, in addition to the revenues of
+ the Department, was $5,307,652.82. The expenditures for the fiscal
+ year ending June 30, 1880, are estimated at $36,571,900 and the
+ receipts from all sources at $30,664,023.90, leaving a deficiency to
+ be appropriated out of the Treasury of $5,907,876.10. The report calls
+ attention to the fact that the compensation of postmasters and of
+ railroads for carrying the mail is regulated by law, and that the
+ failure of Congress to appropriate the amounts required for these
+ purposes does not relieve the Government of responsibility, but
+ necessarily increases the deficiency bills which Congress will be
+ called upon to pass.
+</p>
+<p>
+ In providing for the postal service the following questions are
+ presented: Should Congress annually appropriate a sum for its expenses
+ largely in excess of its revenues, or should such rates of postage be
+ established as will make the Department self-sustaining? Should the
+ postal service be reduced by excluding from the mails matter which
+ does not pay its way? Should the number of post routes be diminished?
+ Should other methods be adopted which will increase the revenues or
+ diminish the expenses of the postal service?
+</p>
+<p>
+ The International Postal Congress which met at Paris May 1, 1878, and
+ continued in session until June 4 of the same year, was composed of
+ delegates from nearly all the civilized countries of the world. It
+ adopted a new convention (to take the place of the treaty concluded
+ at Berne October 9, 1874), which goes into effect on the 1st of April,
+ 1879, between the countries whose delegates have signed it. It was
+ ratified and approved, by and with the consent of the President,
+ August 13, 1878. A synopsis of this Universal Postal Convention will
+ be found in the report of the Postmaster-General, and the full text
+ in the appendix thereto. In its origin the Postal Union comprised
+ twenty-three countries, having a population of 350,000,000 people.
+ On the 1st of April next it will comprise forty-three countries and
+ colonies, with a population of more than 650,000,000 people, and will
+ soon, by the accession of the few remaining countries and colonies
+ which maintain organized postal services, constitute in fact as well
+ as in name, as its new title indicates, a universal union, regulating,
+ upon a uniform basis of cheap postage rates, the postal intercourse
+ between all civilized nations.
+</p>
+<p>
+ Some embarrassment has arisen out of the conflict between the customs
+ laws of this country and the provisions of the Postal Convention in
+ regard to the transmission of foreign books and newspapers to this
+ country by mail. It is hoped that Congress will be able to devise some
+ means of reconciling the difficulties which have thus been created, so
+ as to do justice to all parties involved.
+</p>
+<p>
+ The business of the Supreme Court and of the courts in many of the
+ circuits has increased to such an extent during the past year that
+ additional legislation is imperative to relieve and prevent the
+ delay of justice and possible oppression to suitors which is thus
+ occasioned. The encumbered condition of these dockets is presented
+ anew in the report of the Attorney-General, and the remedy suggested
+ is earnestly urged for Congressional action. The creation of
+ additional circuit judges, as proposed, would afford a complete
+ remedy, and would involve an expense, at the present rate of salaries,
+ of not more than $60,000 a year.
+</p>
+<p>
+ The annual reports of the Secretary of the Interior and of the
+ Commissioner of Indian Affairs present an elaborate account of the
+ present condition of the Indian tribes and of that branch of the
+ public service which ministers to their interests. While the conduct
+ of the Indians generally has been orderly and their relations with
+ their neighbors friendly and peaceable, two local disturbances have
+ occurred, which were deplorable in their character, but remained,
+ happily, confined to a comparatively small number of Indians. The
+ discontent among the Bannocks, which led first to some acts of
+ violence on the part of some members of the tribe and finally to the
+ outbreak, appears to have been caused by an insufficiency of food
+ on the reservation, and this insufficiency to have been owing to the
+ inadequacy of the appropriations made by Congress to the wants of the
+ Indians at a time when the Indians were prevented from supplying the
+ deficiency by hunting. After an arduous pursuit by the troops of
+ the United States, and several engagements, the hostile Indians
+ were reduced to subjection, and the larger part of them surrendered
+ themselves as prisoners. In this connection I desire to call attention
+ to the recommendation made by the Secretary of the Interior, that
+ a sufficient fund be placed at the disposal of the Executive, to be
+ used, with proper accountability, at discretion, in sudden emergencies
+ of the Indian service.
+</p>
+<p>
+ The other case of disturbance was that of a band of Northern
+ Cheyennes, who suddenly left their reservation in the Indian Territory
+ and marched rapidly through the States of Kansas and Nebraska in the
+ direction of their old hunting grounds, committing murders and other
+ crimes on their way. From documents accompanying the report of the
+ Secretary of the Interior it appears that this disorderly band was as
+ fully supplied with the necessaries of life as the 4,700 other Indians
+ who remained quietly on the reservation, and that the disturbance
+ was caused by men of a restless and mischievous disposition among the
+ Indians themselves. Almost the whole of this band have surrendered to
+ the military authorities; and it is a gratifying fact that when some
+ of them had taken refuge in the camp of the Red Cloud Sioux, with whom
+ they had been in friendly relations, the Sioux held them as prisoners
+ and readily gave them up to the officers of the United States, thus
+ giving new proof of the loyal spirit which, alarming rumors to the
+ contrary notwithstanding, they have uniformly shown ever since the
+ wishes they expressed at the council of September, 1877, had been
+ complied with.
+</p>
+<p>
+ Both the Secretary of the Interior and the Secretary of War unite
+ in the recommendation that provision be made by Congress for the
+ organization of a corps of mounted "Indian auxiliaries," to be under
+ the control of the Army and to be used for the purpose of keeping the
+ Indians on their reservations and preventing or repressing disturbance
+ on their part. I earnestly concur in this recommendation. It is
+ believed that the organization of such a body of Indian cavalry,
+ receiving a moderate pay from the Government, would considerably
+ weaken the restless element among the Indians by withdrawing from it
+ a number of young men and giving them congenial employment under
+ the Government, it being a matter of experience that Indians in our
+ service almost without exception are faithful in the performance of
+ the duties assigned to them. Such an organization would materially
+ aid the Army in the accomplishment of a task for which its numerical
+ strength is sometimes found insufficient.
+</p>
+<p>
+ But while the employment of force for the prevention or repression
+ of Indian troubles is of occasional necessity, and wise preparation
+ should be made to that end, greater reliance must be placed on humane
+ and civilizing agencies for the ultimate solution of what is called
+ the Indian problem. It may be very difficult and require much
+ patient effort to curb the unruly spirit of the savage Indian to the
+ restraints of civilized life, but experience shows that it is not
+ impossible. Many of the tribes which are now quiet and orderly and
+ self-supporting were once as savage as any that at present roam
+ over the plains or in the mountains of the far West, and were then
+ considered inaccessible to civilizing influences. It may be impossible
+ to raise them fully up to the level of the white population of the
+ United States; but we should not forget that they are the aborigines
+ of the country, and called the soil their own on which our people have
+ grown rich, powerful, and happy. We owe it to them as a moral duty to
+ help them in attaining at least that degree of civilization which they
+ may be able to reach. It is not only our duty, it is also our interest
+ to do so. Indians who have become agriculturists or herdsmen, and feel
+ an interest in property, will thenceforth cease to be a warlike and
+ disturbing element. It is also a well-authenticated fact that Indians
+ are apt to be peaceable and quiet when their children are at school,
+ and I am gratified to know, from the expressions of Indians themselves
+ and from many concurring reports, that there is a steadily increasing
+ desire, even among Indians belonging to comparatively wild tribes, to
+ have their children educated. I invite attention to the reports of
+ the Secretary of the Interior and the Commissioner of Indian Affairs
+ touching the experiment recently inaugurated, in taking fifty Indian
+ children, boys and girls, from different tribes, to the Hampton Normal
+ Agricultural Institute in Virginia, where they are to receive an
+ elementary English education and training in agriculture and other
+ useful works, to be returned to their tribes, after the completed
+ course, as interpreters, instructors, and examples. It is reported
+ that the officer charged with the selection of those children might
+ have had thousands of young Indians sent with him had it been possible
+ to make provision for them. I agree with the Secretary of the
+ Interior in saying that "the result of this interesting experiment,
+ if favorable, may be destined to become an important factor in the
+ advancement of civilization among the Indians."
+</p>
+<p>
+ The question whether a change in the control of the Indian service
+ should be made was at the last session of Congress referred to a
+ committee for inquiry and report. Without desiring to anticipate
+ that report, I venture to express the hope that in the decision of so
+ important a question the views expressed above may not be lost sight
+ of, and that the decision, whatever it may be, will arrest further
+ agitation of this subject, such agitation being apt to produce
+ a disturbing effect upon the service, as well as on the Indians
+ themselves.
+</p>
+<p>
+ In the enrollment of the bill making appropriations for sundry civil
+ expenses, at the last session of Congress, that portion which provided
+ for the continuation of the Hot Springs Commission was omitted. As
+ the commission had completed the work of taking testimony on the many
+ conflicting claims, the suspension of their labors, before determining
+ the rights of claimants, threatened for a time to embarrass the
+ interests, not only of the Government, but also of a large number
+ of the citizens of Hot Springs, who were waiting for final action on
+ their claims before beginning contemplated improvements. In order
+ to prevent serious difficulties, which were apprehended, and at
+ the solicitation of many leading citizens of Hot Springs and others
+ interested in the welfare of the town, the Secretary of the Interior
+ was authorized to request the late commissioners to take charge of
+ the records of their proceedings and to perform such work as could
+ properly be done by them under such circumstances to facilitate the
+ future adjudication of the claims at an early day and to preserve
+ the status of the claimants until their rights should be finally
+ determined. The late commissioners complied with that request, and
+ report that the testimony in all the cases has been written out,
+ examined, briefed, and so arranged as to facilitate an early
+ settlement when authorized by law. It is recommended that the
+ requisite authority be given at as early a day in the session
+ as possible, and that a fair compensation be allowed the late
+ commissioners for the expense incurred and the labor performed
+ by them since the 25th of June last.
+</p>
+<p>
+ I invite the attention of Congress to the recommendations made by
+ the Secretary of the Interior with regard to the preservation of the
+ timber on the public lands of the United States. The protection of
+ the public property is one of the first duties of the Government. The
+ Department of the Interior should therefore be enabled by sufficient
+ appropriations to enforce the laws in that respect. But this matter
+ appears still more important as a question of public economy. The
+ rapid destruction of our forests is an evil fraught with the gravest
+ consequences, especially in the mountainous districts, where the rocky
+ slopes, once denuded of their trees, will remain so forever. There
+ the injury, once done, can not be repaired. I fully concur with
+ the Secretary of the Interior in the opinion that for this reason
+ legislation touching the public timber in the mountainous States and
+ Territories of the West should be especially well considered, and
+ that existing laws in which the destruction of the forests is not
+ sufficiently guarded against should be speedily modified. A general
+ law concerning this important subject appears to me to be a matter of
+ urgent public necessity.
+</p>
+<p>
+ From the organization of the Government the importance of encouraging
+ by all possible means the increase of our agricultural productions
+ has been acknowledged and urged upon the attention of Congress and the
+ people as the surest and readiest means of increasing our substantial
+ and enduring prosperity.
+</p>
+<p>
+ The words of Washington are as applicable to-day as when, in his
+ eighth annual message, he said:
+</p>
+<p class="q">
+ It will not be doubted that, with reference either to
+ individual or national welfare, agriculture is of primary
+ importance. In proportion as nations advance in population
+ and other circumstances of maturity this truth becomes more
+ apparent, and renders the cultivation of the soil more and
+ more an object of public patronage. Institutions for promoting
+ it grow up, supported by the public purse; and to what object
+ can it be dedicated with greater propriety? Among the means
+ which have been employed to this end none have been attended
+ with greater success than the establishment of boards
+ (composed of proper characters) charged with collecting and
+ diffusing information, and enabled by premiums and small
+ pecuniary aids to encourage and assist a spirit of discovery
+ and improvement. This species of establishment contributes
+ doubly to the increase of improvement, by stimulating to
+ enterprise and experiment, and by drawing to a common center
+ the results everywhere of individual skill and observation
+ and spreading them thence over the whole nation. Experience
+ accordingly hath shewn that they are very cheap instruments of
+ immense national benefits.
+</p>
+<p>
+ The preponderance of the agricultural over any other interest in the
+ United States entitles it to all the consideration claimed for it by
+ Washington. About one-half of the population of the United States is
+ engaged in agriculture. The value of the agricultural products of the
+ United States for the year 1878 is estimated at $3,000,000,000. The
+ exports of agricultural products for the year 1877, as appears from
+ the report of the Bureau of Statistics, were $524,000,000. The great
+ extent of our country, with its diversity of soil and climate, enables
+ us to produce within our own borders and by our own labor not only the
+ necessaries, but most of the luxuries, that are consumed in civilized
+ countries. Yet, notwithstanding our advantages of soil, climate, and
+ intercommunication, it appears from the statistical statements in the
+ report of the Commissioner of Agriculture that we import annually from
+ foreign lands many millions of dollars worth of agricultural products
+ which could be raised in our own country.
+</p>
+<p>
+ Numerous questions arise in the practice of advanced agriculture
+ which can only be answered by experiments, often costly and sometimes
+ fruitless, which are beyond the means of private individuals and are
+ a just and proper charge on the whole nation for the benefit of the
+ nation. It is good policy, especially in times of depression
+ and uncertainty in other business pursuits, with a vast area of
+ uncultivated, and hence unproductive, territory, wisely opened to
+ homestead settlement, to encourage by every proper and legitimate
+ means the occupation and tillage of the soil. The efforts of
+ the Department of Agriculture to stimulate old and introduce new
+ agricultural industries, to improve the quality and increase the
+ quantity of our products, to determine the value of old or establish
+ the importance of new methods of culture, are worthy of your careful
+ and favorable consideration, and assistance by such appropriations of
+ money and enlargement of facilities as may seem to be demanded by the
+ present favorable conditions for the growth and rapid development of
+ this important interest.
+</p>
+<p>
+ The abuse of animals in transit is widely attracting public attention.
+ A national convention of societies specially interested in the subject
+ has recently met at Baltimore, and the facts developed, both in regard
+ to cruelties to animals and the effect of such cruelties upon the
+ public health, would seem to demand the careful consideration of
+ Congress and the enactment of more efficient laws for the prevention
+ of these abuses.
+</p>
+<p>
+ The report of the Commissioner of the Bureau of Education shows
+ very gratifying progress throughout the country in all the interests
+ committed to the care of this important office. The report is
+ especially encouraging with respect to the extension of the advantages
+ of the common-school system in sections of the country where the
+ general enjoyment of the privilege of free schools is not yet
+ attained.
+</p>
+<p>
+ To education more than to any other agency we are to look as the
+ resource for the advancement of the people in the requisite knowledge
+ and appreciation of their rights and responsibilities as citizens, and
+ I desire to repeat the suggestion contained in my former message in
+ behalf of the enactment of appropriate measures by Congress for
+ the purpose of supplementing with national aid the local systems of
+ education in the several States.
+</p>
+<p>
+ Adequate accommodations for the great library, which is overgrowing
+ the capacity of the rooms now occupied at the Capitol, should be
+ provided without further delay. This invaluable collection of books,
+ manuscripts, and illustrative art has grown to such proportions, in
+ connection with the copyright system of the country, as to demand the
+ prompt and careful attention of Congress to save it from injury in its
+ present crowded and insufficient quarters. As this library is national
+ in its character, and must from the nature of the case increase even
+ more rapidly in the future than in the past, it can not be doubted
+ that the people will sanction any wise expenditure to preserve it and
+ to enlarge its usefulness.
+</p>
+<p>
+ The appeal of the Regents of the Smithsonian Institution for the means
+ to organize, exhibit, and make available for the public benefit the
+ articles now stored away belonging to the National Museum I heartily
+ recommend to your favorable consideration.
+</p>
+<p>
+ The attention of Congress is again invited to the condition of
+ the river front of the city of Washington. It is a matter of vital
+ importance to the health of the residents of the national capital,
+ both temporary and permanent, that the lowlands in front of the city,
+ now subject to tidal overflow, should be reclaimed. In their present
+ condition these flats obstruct the drainage of the city and are a
+ dangerous source of malarial poison. The reclamation will improve the
+ navigation of the river by restricting, and consequently deepening,
+ its channel, and is also of importance when considered in connection
+ with the extension of the public ground and the enlargement of the
+ park west and south of the Washington Monument. The report of the
+ board of survey, heretofore ordered by act of Congress, on
+ the improvement of the harbor of Washington and Georgetown, is
+ respectfully commended to consideration.
+</p>
+<p>
+ The report of the Commissioners of the District of Columbia presents
+ a detailed statement of the affairs of the District.
+</p>
+<p>
+ The relative expenditures by the United States and the District for
+ local purposes is contrasted, showing that the expenditures by the
+ people of the District greatly exceed those of the General Government.
+ The exhibit is made in connection with estimates for the requisite
+ repair of the defective pavements and sewers of the city, which is
+ a work of immediate necessity; and in the same connection a plan is
+ presented for the permanent funding of the outstanding securities of
+ the District.
+</p>
+<p>
+ The benevolent, reformatory, and penal institutions of the District
+ are all entitled to the favorable attention of Congress. The Reform
+ School needs additional buildings and teachers. Appropriations which
+ will place all of these institutions in a condition to become models
+ of usefulness and beneficence will be regarded by the country as
+ liberality wisely bestowed.
+</p>
+<p>
+ The Commissioners, with evident justice, request attention to the
+ discrimination made by Congress against the District in the donation
+ of land for the support of the public schools, and ask that the same
+ liberality that has been shown to the inhabitants of the various
+ States and Territories of the United States may be extended to the
+ District of Columbia.
+</p>
+<p>
+ The Commissioners also invite attention to the damage inflicted upon
+ public and private interests by the present location of the depots and
+ switching tracks of the several railroads entering the city, and ask
+ for legislation looking to their removal. The recommendations and
+ suggestions contained in the report will, I trust, receive the careful
+ consideration of Congress.
+</p>
+<p>
+ Sufficient time has, perhaps, not elapsed since the reorganization
+ of the government of the District under the recent legislation
+ of Congress for the expression of a confident opinion as to its
+ successful operation, but the practical results already attained are
+ so satisfactory that the friends of the new government may well
+ urge upon Congress the wisdom of its continuance, without essential
+ modification, until by actual experience its advantages and defects
+ may be more fully ascertained.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 4, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a declaration respecting trade-marks between the United
+ States and Brazil, concluded and signed at Rio de Janeiro on the 24th
+ day of September last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>December 4, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention revising certain portions of existing
+ commercial treaties and further extending commercial intercourse
+ between the United States and Japan, concluded and signed at
+ Washington on the 25th day of July last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>December 9, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, together
+ with the copies of papers<a href="#note-21"><small>21</small></a> therein referred to, in compliance with
+ the resolution of the Senate of the 27th of May last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>December 16, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the
+ 5th instant, I transmit herewith a report from the Secretary of State,
+ with its accompanying papers.<a href="#note-22"><small>22</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 17, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 5th instant,
+ requesting the transmission to the Senate of "any information which
+ may have been received by the Departments concerning postal and
+ commercial intercourse between the United States and South American
+ countries, together with any recommendations desirable to be submitted
+ of measures to be adopted for facilitating and improving such
+ intercourse," I transmit herewith reports from the Secretary of State
+ and the Postmaster-General, with accompanying papers.
+</p>
+<p>
+ The external commerce of the United States has for many years been
+ the subject of solicitude because of the outward drain of the precious
+ metals it has caused. For fully twenty years previous to 1877 the
+ shipment of gold was constant and heavy&mdash;so heavy during the entire
+ period of the suspension of specie payments as to preclude the hope of
+ resumption safely during its continuance. In 1876, however, vigorous
+ efforts were made by enterprising citizens of the country, and have
+ since been continued, to extend our general commerce with foreign
+ lands, especially in manufactured articles, and these efforts have
+ been attended with very marked success.
+</p>
+<p>
+ The importation of manufactured goods was at the same time reduced in
+ an equal degree, and the result has been an extraordinary reversal
+ of the conditions so long prevailing and a complete cessation of
+ the outward drain of gold. The official statement of the values
+ represented in foreign commerce will show the unprecedented magnitude
+ to which the movement has attained, and the protection thus secured to
+ the public interests at the time when commercial security has become
+ indispensable.
+</p>
+<p>
+ The agencies through which this change has been effected must be
+ maintained and strengthened if the future is to be made secure. A
+ return to excessive imports or to a material decline in export trade
+ would render possible a return to the former condition of adverse
+ balances, with the inevitable outward drain of gold as a necessary
+ consequence. Every element of aid to the introduction of the
+ products of our soil and manufactures into new markets should be made
+ available. At present such is the favor in which many of the products
+ of the United States are held that they obtain a remunerative
+ distribution, notwithstanding positive differences of cost resulting
+ from our defective shipping and the imperfection of our arrangements
+ in every respect, in comparison with those of our competitors, for
+ conducting trade with foreign markets.
+</p>
+<p>
+ If we have equal commercial facilities, we need not fear competition
+ anywhere.
+</p>
+<p>
+ The laws have now directed a resumption of financial equality with
+ other nations, and have ordered a return to the basis of coin values.
+ It is of the greatest importance that the commercial condition now
+ fortunately attained shall be made permanent, and that our rapidly
+ increasing export trade shall not be allowed to suffer for want of the
+ ordinary means of communication with other countries.
+</p>
+<p>
+ The accompanying reports contain a valuable and instructive summary of
+ information with respect to our commercial interests in South America,
+ where an inviting field for the enterprise of our people is presented.
+ They are transmitted with the assurance that any measures that may be
+ enacted in furtherance of these important interests will meet with my
+ cordial approval.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 7, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 4th
+ of December last, I transmit herewith a report from the Secretary of
+ State, with its accompanying papers.<a href="#note-23"><small>23</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 13, 1879.</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 3d of June last,
+ requesting a copy of correspondence between this Government and that
+ of Her Britannic Majesty in regard to inviting other maritime powers
+ to accede to the three rules of neutrality laid down in Article VI
+ of the treaty of May 8, 1871, I transmit herewith a report of the
+ Secretary of State, together with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 20, 1879.</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 17th of June last,
+ requesting the Commissioner of Agriculture to send to the Senate
+ certain reports on sheep husbandry, copies of the same, with
+ accompanying papers, received from the Commissioner of Agriculture for
+ this purpose, are herewith transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 20, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to resolution of the House of Representatives of the 16th
+ instant, requesting the Commissioner of Agriculture to forward to the
+ House any facts or statistics in his office on the subject of forestry
+ not heretofore reported, copies of the same, with accompanying
+ papers, received from the Commissioner for this purpose, are herewith
+ transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>January 23, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the 25th of May last, requesting
+ information respecting the claim of Messrs. Carlos Butterfield &amp; Co.
+ against the Government of Denmark, I transmit herewith to the House
+ of Representatives a report of the Secretary of State and its
+ accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 24, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 7th
+ instant, I transmit herewith a report<a href="#note-24"><small>24</small></a> from the Secretary of State,
+ with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 24, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of Congress, copies of
+ a report and accompanying papers received from the Secretary of the
+ Interior, upon a communication addressed to the President of the
+ United States in behalf of a certain claim of the Choctaw Nation
+ arising under the provisions of the Choctaw and Chickasaw treaty of
+ June 22, 1855.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 31, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a letter of the Secretary of the Treasury, in
+ relation to the suspension of the late collector and naval officer of
+ the port of New York, with accompanying documents.
+</p>
+<p>
+ In addition thereto I respectfully submit the following observations:
+</p>
+<p>
+ The custom-house in New York collects more than two-thirds of all the
+ customs revenues of the Government. Its administration is a matter not
+ of local interest merely, but is of great importance to the people
+ of the whole country. For a long period of time it has been used to
+ manage and control political affairs.
+</p>
+<p>
+ The officers suspended by me are and for several years have been
+ engaged in the active personal management of the party politics of
+ the city and State of New York. The duties of the offices held by
+ them have been regarded as of subordinate importance to their partisan
+ work. Their offices have been conducted as part of the political
+ machinery under their control. They have made the custom-house a
+ center of partisan political management. The custom-house should be
+ a business office. It should be conducted on business principles.
+ General James, the postmaster of New York City, writing on this
+ subject, says:
+</p>
+<p>
+ The post-office is a business institution, and should be run as such.
+ It is my deliberate judgment that I and my subordinates can do more
+ for the party of our choice by giving the people of this city a
+ good and efficient postal service than by controlling primaries or
+ dictating nominations.
+</p>
+<p>
+ The New York custom-house should be placed on the same footing
+ with the New York post-office. But under the suspended officers the
+ custom-house would be one of the principal political agencies in the
+ State of New York. To change this, they profess to believe, would be,
+ in the language of Mr. Cornell in his response, "to surrender their
+ personal and political rights."
+</p>
+<p>
+ Convinced that the people of New York and of the country generally
+ wish the New York custom-house to be administered solely with a view
+ to the public interest, it is my purpose to do all in my power
+ to introduce into this great office the reforms which the country
+ desires.
+</p>
+<p>
+ With my information of the facts in the case, and with a deep sense
+ of the responsible obligation imposed upon me by the Constitution "to
+ take care that the laws be faithfully executed," I regard it as
+ my plain duty to suspend the officers in question and to make the
+ nominations now before the Senate, in order that this important office
+ may be honestly and efficiently administered.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 6, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the information of Congress, a report from
+ the Secretary of State, with the accompanying papers therein referred
+ to, in relation to the proceedings of the International Monetary
+ Conference held at Paris in August, 1878.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 8, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of Congress, the report of
+ the commission appointed under the provisions of the act approved
+ May 3, 1878, entitled "An act authorizing the President of the United
+ States to make certain negotiations with the Ute Indians in the
+ State of Colorado," with copies of letters from the Secretary of the
+ Interior and the Commissioner of Indian Affairs, and accompanying
+ documents.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>February 15, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith report from the Secretary of State, and
+ accompanying papers, in relation to proceedings of the International
+ Prison Congress of Stockholm, held in August last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>February 18, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, dated the
+ 17th instant, in relation to the destruction of the bark <i>Forest
+ Belle</i> in Chinese waters in March last, submitted in compliance with
+ the resolution of the House of Representatives of February 4, 1879.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 21, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ Referring to my communication to Congress under date of the 8th
+ instant, transmitting the report of the commission appointed under the
+ act entitled "An act authorizing the President of the United States
+ to make certain negotiations with the Ute Indians in the State of
+ Colorado," I submit herewith a copy of a letter from the Secretary of
+ the Interior and additional papers upon the same subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 28, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, with its
+ accompanying papers, submitted in pursuance of a resolution of the
+ Senate of the 20th instant, in relation to railroads in Mexico.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 3, 1879.</i>
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have received from the United States Centennial Commission their
+ final report, presenting a full exhibit of the result of the United
+ States Centennial Celebration and Exhibition of 1876, as required by
+ the act of June 1, 1872.
+</p>
+<p>
+ In transmitting this report for the consideration of Congress, I
+ express, I believe, the general judgment of the country, as well as my
+ own, in assigning to this exhibition a measure of success gratifying
+ to the pride and patriotism of our people and full of promise to the
+ great industrial and commercial interests of the nation. The very
+ ample and generous contributions which the foreign nations made to
+ the splendor and usefulness of the exhibition and the cordiality with
+ which their representatives took part in our national commemoration
+ deserve our profound acknowledgments. At this close of the great
+ services rendered by the United States Centennial Commission and the
+ Centennial board of finance, it gives me great pleasure to commend
+ to your attention and that of the people of the whole country the
+ laborious, faithful, and prosperous performances of their duties which
+ have marked the administration of their respective trusts.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>March 1, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After a very careful consideration of House bill 2423, entitled "An
+ act to restrict the immigration of Chinese to the United States,"
+ I herewith return it to the House of Representatives, in which it
+ originated, with my objections to its passage.
+</p>
+<p>
+ The bill, as it was sent to the Senate from the House of
+ Representatives, was confined in its provisions to the object named
+ in its title, which is that of "An act to restrict the immigration of
+ Chinese to the United States." The only means adopted to secure the
+ proposed object was the limitation on the number of Chinese passengers
+ which might be brought to this country by any one vessel to fifteen;
+ and as this number was not fixed in any proportion to the size
+ or tonnage of the vessel or by any consideration of the safety or
+ accommodation of these passengers, the simple purpose and effect of
+ the enactment were to repress this immigration to an extent falling
+ but little short of its absolute exclusion.
+</p>
+<p>
+ The bill, as amended in the Senate and now presented to me, includes
+ an independent and additional provision which aims at and in terms
+ requires the abrogation by this Government of Articles V and VI of the
+ treaty with China commonly called the Burlingame treaty, through the
+ action of the Executive enjoined by this provision of the act.
+</p>
+<p>
+ The Burlingame treaty, of which the ratifications were exchanged at
+ Peking November 23, 1869, recites as the occasion and motive of its
+ negotiation by the two Governments that "since the conclusion of the
+ treaty between the United States of America and the Ta Tsing Empire
+ (China) of the 18th of June, 1858, circumstances have arisen showing
+ the necessity of additional articles thereto," and proceeds to
+ an agreement as to said additional articles. These negotiations,
+ therefore, ending by the signature of the additional articles July
+ 28, 1868, had for their object the completion of our treaty rights
+ and obligations toward the Government of China by the incorporation
+ of these new articles as thenceforth parts of the principal treaty
+ to which they are made supplemental. Upon the settled rules of
+ interpretation applicable to such supplemental negotiations the text
+ of the principal treaty and of these "additional articles thereto"
+ constitute one treaty from the conclusion of the new negotiations, in
+ all parts of equal and concurrent force and obligation between the
+ two Governments, and to all intents and purposes as if embraced in one
+ instrument.
+</p>
+<p>
+ The principal treaty, of which the ratifications were exchanged August
+ 16, 1859, recites that "the United States of America and the Ta Tsing
+ Empire, desiring to maintain firm, lasting, and sincere friendship,
+ have resolved to renew, in a manner clear and positive, by means of a
+ treaty or general convention of peace, amity, and commerce, the rules
+ which shall in future be mutually observed in the intercourse of their
+ respective countries," and proceeds in its thirty articles to lay out
+ a careful and comprehensive system for the commercial relations of our
+ people with China. The main substance of all the provisions of this
+ treaty is to define and secure the rights of our people in respect
+ of access to, residence and protection in, and trade with China. The
+ actual provisions in our favor in these respects were framed to be,
+ and have been found to be, adequate and appropriate to the interests
+ of our commerce, and by the concluding article we receive the
+ important guaranty that&mdash;
+</p>
+<p class="q">
+ Should at any time the Ta Tsing Empire grant to any nation, or the
+ merchants or citizens of any nation, any right, privilege, or favor,
+ connected either with navigation, commerce, political or other
+ intercourse, which is not conferred by this treaty, such right,
+ privilege, and favor shall at once freely inure to the benefit of
+ the United States, its public officers, merchants, and citizens.
+</p>
+<p>
+ Against this body of stipulations in our favor and this permanent
+ engagement of equality in respect of all future concessions to foreign
+ nations the general promise of permanent peace and good offices on
+ our part seems to be the only equivalent. For this the first article
+ undertakes as follows:
+</p>
+<p class="q">
+ There shall be, as there have always been, peace and friendship
+ between the United States of America and the Ta Tsing Empire, and
+ between their people respectively. They shall not insult or oppress
+ each other for any trifling cause, so as to produce an estrangement
+ between them; and if any other nation should act unjustly or
+ oppressively, the United States will exert their good offices, on
+ being informed of the case, to bring about an amicable arrangement
+ of the question, thus showing their friendly feelings.
+</p>
+<p>
+ At the date of the negotiation of this treaty our Pacific possessions
+ had attracted a considerable Chinese emigration, and the advantages
+ and the inconveniences felt or feared therefrom had become more or
+ less manifest; but they dictated no stipulations on the subject to be
+ incorporated in the treaty. The year 1868 was marked by the striking
+ event of a spontaneous embassy from the Chinese Empire, headed by
+ an American citizen, Anson Burlingame, who had relinquished his
+ diplomatic representation of his own country in China to assume that
+ of the Chinese Empire to the United States and the European nations.
+ By this time the facts of the Chinese immigration and its nature and
+ influences, present and prospective, had become more noticeable and
+ were more observed by the population immediately affected and by this
+ Government. The principal feature of the Burlingame treaty was its
+ attention to and its treatment of the Chinese immigration and the
+ Chinese as forming, or as they should form, a part of our population.
+ Up to this time our uncovenanted hospitality to immigration, our
+ fearless liberality of citizenship, our equal and comprehensive
+ justice to all inhabitants, whether they abjured their foreign
+ nationality or not, our civil freedom, and our religious toleration
+ had made all comers welcome, and under these protections the Chinese
+ in considerable numbers had made their lodgment upon our soil.
+</p>
+<p>
+ The Burlingame treaty undertakes to deal with this situation, and its
+ fifth and sixth articles embrace its most important provisions in this
+ regard and the main stipulations in which the Chinese Government has
+ secured an obligatory protection of its subjects within our territory.
+ They read as follows:
+</p>
+<p class="q">
+ ART. V. The United States of America and the Emperor of China
+ cordially recognize the inherent and inalienable right of man to
+ change his home and allegiance, and also the mutual advantage of
+ the free migration and emigration of their citizens and subjects
+ respectively from the one country to the other for purposes of
+ curiosity, of trade, or as permanent residents. The high contracting
+ parties therefore join in reprobating any other than an entirely
+ voluntary emigration for these purposes. They consequently agree to
+ pass laws making it a penal offense for a citizen of the United States
+ or Chinese subjects to take Chinese subjects either to the United
+ States or to any other foreign country, or for a Chinese subject or
+ citizen of the United States to take citizens of the United States
+ to China or to any other foreign country, without their free and
+ voluntary consent, respectively.
+</p><p class="q">
+ ART. VI. Citizens of the United States visiting or residing in China
+ shall enjoy the same privileges, immunities, or exemptions in respect
+ to travel or residence as may there be enjoyed by the citizens or
+ subjects of the most favored nation, and, reciprocally, Chinese
+ subjects visiting or residing in the United States shall enjoy the
+ same privileges, immunities, and exemptions in respect to travel or
+ residence as may there be enjoyed by the citizens or subjects of the
+ most favored nation. But nothing herein contained shall be held to
+ confer naturalization upon citizens of the United States in China,
+ nor upon the subjects of China in the United States.
+</p>
+<p>
+ An examination of these two articles in the light of the experience
+ then influential in suggesting their "necessity" will show that the
+ fifth article was framed in hostility to what seemed the principal
+ mischief to be guarded against, to wit, the introduction of Chinese
+ laborers by methods which should have the character of a forced and
+ servile importation, and not of a voluntary emigration of freemen
+ seeking our shores upon motives and in a manner consonant with the
+ system of our institutions and approved by the experience of the
+ nation. Unquestionably the adhesion of the Government of China to
+ these liberal principles of freedom in emigration, with which we were
+ so familiar and with which we were so well satisfied, was a great
+ advance toward opening that Empire to our civilization and religion,
+ and gave promise in the future of greater and greater practical
+ results in the diffusion throughout that great population of our arts
+ and industries, our manufactures, our material improvements, and the
+ sentiments of government and religion which seem to us so important to
+ the welfare of mankind. The first clause of this article secures this
+ acceptance by China of the American doctrines of free migration to and
+ fro among the peoples and races of the earth.
+</p>
+<p>
+ The second clause, however, in its reprobation of "any other than an
+ entirely voluntary emigration" by both the high contracting parties,
+ and in the reciprocal obligations whereby we secured the solemn and
+ unqualified engagement on the part of the Government of China "to pass
+ laws making it a penal offense for a citizen of the United States or
+ Chinese subjects to take Chinese subjects either to the United States
+ or to any other foreign country without their free and voluntary
+ consent," constitutes the great force and value of this article. Its
+ importance both in principle and in its practical service toward our
+ protection against servile importation in the guise of immigration can
+ not be overestimated. It commits the Chinese Government to active and
+ efficient measures to suppress this iniquitous system, where those
+ measures are most necessary and can be most effectual. It gives to
+ this Government the footing of a treaty right to such measures and
+ the means and opportunity of insisting upon their adoption and
+ of complaint and resentment at their neglect. The fifth article,
+ therefore, if it fall short of what the pressure of the later
+ experience of our Pacific States may urge upon the attention of this
+ Government as essential to the public welfare, seems to be in the
+ right direction and to contain important advantages which once
+ relinquished can not be easily recovered.
+</p>
+<p>
+ The second topic which interested the two Governments under the actual
+ condition of things which prompted the Burlingame treaty was adequate
+ protection, under the solemn and definite guaranties of a treaty,
+ of the Chinese already in this country and those who should seek
+ our shores. This was the object, and forms the subject of the sixth
+ article, by whose reciprocal engagement the citizens and subjects of
+ the two Governments, respectively, visiting or residing in the
+ country of the other are secured the same privileges, immunities,
+ or exemptions there enjoyed by the citizens or subjects of the most
+ favored nations. The treaty of 1858, to which these articles are made
+ supplemental, provides for a great amount of privilege and protection,
+ both of person and property, to American citizens in China, but it is
+ upon this sixth article that the main body of the treaty rights
+ and securities of the Chinese already in this country depends. Its
+ abrogation, were the rest of the treaty left in force, would leave
+ them to such treatment as we should voluntarily accord them by our
+ laws and customs. Any treaty obligation would be wanting to restrain
+ our liberty of action toward them, or to measure or sustain the right
+ of the Chinese Government to complaint or redress in their behalf.
+</p>
+<p>
+ The lapse of ten years since the negotiation of the Burlingame treaty
+ has exhibited to the notice of the Chinese Government, as well as to
+ our own people, the working of this experiment of immigration in great
+ numbers of Chinese laborers to this country, and their maintenance
+ here of all the traits of race, religion, manners, and customs,
+ habitations, mode of life, segregation here, and the keeping up of
+ the ties of their original home, which stamp them as strangers and
+ sojourners, and not as incorporated elements of our national life and
+ growth. This experience may naturally suggest the reconsideration of
+ the subject as dealt with by the Burlingame treaty, and may properly
+ become the occasion of more and circumspect recognition, in renewed
+ negotiations, of the difficulties surrounding this political and
+ social problem. It may well be that, to the apprehension of the
+ Chinese Government no less than our own, the simple provisions of the
+ Burlingame treaty may need to be replaced by more careful methods,
+ securing the Chinese and ourselves against a larger and more rapid
+ infusion of this foreign race than our system of industry and
+ society can take up and assimilate with ease and safety. This ancient
+ Government, ruling a polite and sensitive people, distinguished by
+ a high sense of national pride, may properly desire an adjustment of
+ their relations with us which would in all things confirm and in no
+ degree endanger the permanent peace and amity and the growing commerce
+ and prosperity which it has been the object and the effect of our
+ existing treaties to cherish and perpetuate.
+</p>
+<p>
+ I regard the very grave discontents of the people of the Pacific
+ States with the present working of the Chinese immigration, and their
+ still graver apprehensions therefrom in the future, as deserving
+ the most serious attention of the people of the whole country and a
+ solicitous interest on the part of Congress and the Executive. If this
+ were not my own judgment, the passage of this bill by both Houses of
+ Congress would impress upon me the seriousness of the situation, when
+ a majority of the representatives of the people of the whole country
+ had thought fit to justify so serious a measure of relief.
+</p>
+<p>
+ The authority of Congress to terminate a treaty with a foreign power
+ by expressing the will of the nation no longer to adhere to it is
+ as free from controversy under our Constitution as is the further
+ proposition that the power of making new treaties or modifying
+ existing treaties is not lodged by the Constitution in Congress, but
+ in the President, by and with the advice and consent of the Senate, as
+ shown by the concurrence of two-thirds of that body. A denunciation of
+ a treaty by any government is confessedly justifiable only upon some
+ reason both of the highest justice and of the highest necessity. The
+ action of Congress in the matter of the French treaties in 1798, if
+ it be regarded as an abrogation by this nation of a subsisting treaty,
+ strongly illustrates the character and degree of justification which
+ was then thought suitable to such a proceeding. The preamble of the
+ act recites that the&mdash;
+</p>
+<p class="q">
+ Treaties concluded between the United States and France have been
+ repeatedly violated on the part of the French Government, and the
+ just claims of the United States for reparation of the injuries
+ so committed have been refused, and their attempts to negotiate an
+ amicable adjustment of all complaints between the two nations have
+ been repelled with indignity.
+</p>
+<p>
+ And that&mdash;
+</p>
+<p class="q">
+ Under authority of the French Government there is yet pursued against
+ the United States a system of predatory violence, infracting the said
+ treaties and hostile to the rights of a free and independent nation.
+</p>
+<p>
+ The enactment, as a logical consequence of these recited facts,
+ declares&mdash;
+</p>
+<p class="q">
+ That the United States are of right freed and exonerated from the
+ stipulations of the treaties and of the consular convention heretofore
+ concluded between the United States and France, and that the same
+ shall not henceforth be regarded as legally obligatory on the
+ Government or citizens of the United States.
+</p>
+<p>
+ The history of the Government shows no other instance of an abrogation
+ of a treaty by Congress.
+</p>
+<p>
+ Instances have sometimes occurred where the ordinary legislation
+ of Congress has, by its conflict with some treaty obligation of the
+ Government toward a foreign power, taken effect as an <i>infraction</i>
+ of the treaty, and been judicially declared to be operative to that
+ result; but neither such legislation nor such judicial sanction of the
+ same has been regarded as an <i>abrogation</i>, even for the moment, of
+ the treaty. On the contrary, the treaty in such case still subsists
+ between the governments, and the casual infraction is repaired by
+ appropriate satisfaction in maintenance of the treaty.
+</p>
+<p>
+ The bill before me does not enjoin upon the President the abrogation
+ of the entire Burlingame treaty, much less of the principal treaty of
+ which it is made the supplement. As the power of modifying an existing
+ treaty, whether by adding or striking out provisions, is a part of
+ the treaty-making power under the Constitution, its exercise is not
+ competent for Congress, nor would the assent of China to this partial
+ abrogation of the treaty make the action of Congress in thus procuring
+ an amendment of a treaty a competent exercise of authority under the
+ Constitution. The importance, however, of this special consideration
+ seems superseded by the principle that a denunciation of a part of a
+ treaty not made by the terms of the treaty itself separable from
+ the rest is a denunciation of the whole treaty. As the other high
+ contracting party has entered into no treaty obligations except such
+ as include the part denounced, the denunciation by one party of the
+ part necessarily liberates the other party from the whole treaty.
+</p>
+<p>
+ I am convinced that, whatever urgency might in any quarter or by any
+ interest be supposed to require an instant suppression of further
+ immigration from China, no reasons can require the immediate
+ withdrawal of our treaty protection of the Chinese already in this
+ country, and no circumstances can tolerate an exposure of our citizens
+ in China, merchants or missionaries, to the consequences of so sudden
+ an abrogation of their treaty protection. Fortunately, however, the
+ actual recession in the flow of the emigration from China to the
+ Pacific Coast, shown by trustworthy statistics, relieves us from any
+ apprehension that the treatment of the subject in the proper course of
+ diplomatic negotiations will introduce any new features of discontent
+ or disturbance among the communities directly affected. Were such
+ delay fraught with more inconveniences than have ever been suggested
+ by the interests most earnest in promoting this legislation, I can not
+ but regard the summary disturbance of our existing treaties with
+ China as greatly more inconvenient to much wider and more permanent
+ interests of the country.
+</p>
+<p>
+ I have no occasion to insist upon the more general considerations of
+ interest and duty which sacredly guard the faith of the nation, in
+ whatever form of obligation it may have been given. These sentiments
+ animate the deliberations of Congress and pervade the minds of our
+ whole people. Our history gives little occasion for any reproach in
+ this regard; and in asking the renewed attention of Congress to this
+ bill I am persuaded that their action will maintain the public duty
+ and the public honor.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the final adjournment of the Forty-fifth Congress without
+ making the usual and necessary appropriations for the legislative,
+ executive, and judicial expenses of the Government for the fiscal
+ year ending June 30, 1880, and without making the usual and necessary
+ appropriations for the support of the Army for the same fiscal year,
+ presents an extraordinary occasion requiring the President to exercise
+ the power vested in him by the Constitution to convene the Houses
+ of Congress in anticipation of the day fixed by law for their next
+ meeting:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do, by virtue of the power to this end in me vested by the
+ Constitution, convene both Houses of Congress to assemble at their
+ respective chambers at 12 o'clock noon on Tuesday, the 18th day of
+ March instant, then and there to consider and determine such measures
+ as in their wisdom their duty and the welfare of the people may seem
+ to demand.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 4th day of March, A.D. 1879, and
+ of the Independence of the United States of America the one hundred
+ and third.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL SESSION MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>March 19, 1879</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives:</i>
+</p>
+<p>
+ The failure of the last Congress to make the requisite appropriations
+ for legislative and judicial purposes, for the expenses of the several
+ Executive Departments of the Government, and for the support of
+ the Army has made it necessary to call a special session of the
+ Forty-sixth Congress.
+</p>
+<p>
+ The estimates of the appropriations needed which were sent to Congress
+ by the Secretary of the Treasury at the opening of the last session
+ are renewed, and are herewith transmitted to both the Senate and the
+ House of Representatives.
+</p>
+<p>
+ Regretting the existence of the emergency which requires a special
+ session of Congress at a time when it is the general judgment of the
+ country that the public welfare will be best promoted by permanency in
+ our legislation and by peace and rest, I commend these few necessary
+ measures to your considerate attention.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>March 20, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 3d instant,
+ calling for the reports of Gustavus Goward on the Samoan Islands,
+ I transmit herewith a report from the Secretary of State, with the
+ accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>April 18, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with a resolution of the Senate of the 15th instant, I
+ transmit herewith a copy of the report of the commission appointed by
+ the President on the 15th of March, 1872, relating to the different
+ interoceanic canal surveys and the practicability of the construction
+ of a ship canal across this continent.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 15, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 7th instant,
+ requesting information in reference to an alleged occupation of a
+ portion of the Indian Territory by white settlers, etc., I transmit
+ herewith a copy of my proclamation dated April 26, 1879;<a href="#note-25"><small>25</small></a> also
+ copies of the correspondence and papers on file and of record in the
+ Department of the Interior and the War Department touching the subject
+ of the resolution.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 26, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 14th instant,
+ I transmit herewith a communication<a href="#note-26"><small>26</small></a> from the Secretary of the
+ Interior and accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 5, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith the "proceedings and report" of the board of
+ officers convened by Special Orders, No. 78, Headquarters of the
+ Army, Washington, April 12, 1878, in the case of Fitz John Porter. The
+ report of the board was made in March last, but the official record of
+ the proceedings did not reach me until the 3d instant.
+</p>
+<p>
+ I have given to this report such examination as satisfies me that
+ I ought to lay the proceedings and conclusions of the board before
+ Congress. As I am without power, in the absence of legislation, to act
+ upon the recommendations of the report further than by submitting the
+ same to Congress, the proceedings and conclusions of the board are
+ transmitted for the information of Congress and such action as in your
+ wisdom shall seem expedient and just.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June 13, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, in compliance with the resolution of the House
+ of Representatives of the 29th ultimo, a report of the Secretary of
+ State relative to the steps taken by this Government to promote the
+ establishment of an interoceanic canal across or near the Isthmus of
+ Darien.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June 23, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate a report from the Secretary
+ of State, in response to a resolution of that body of the 20th
+ instant, calling for the proceedings and accompanying papers of
+ the International Silver Conference held in Paris in 1878.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 30, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ The bill making provision for the payment of the fees of United States
+ marshals and their general deputies, which I have this day returned
+ to the House of Representatives, in which it originated, with my
+ objections,<a href="#note-27"><small>27</small></a> having upon its reconsideration by that body failed
+ to become a law, I respectfully call your attention to the immediate
+ necessity of making some adequate provision for the due and efficient
+ execution by the marshals and deputy marshals of the United States of
+ the constant and important duties enjoined upon them by the existing
+ laws. All appropriations to provide for the performance of these
+ indispensable duties expire to-day. Under the laws prohibiting public
+ officers from involving the Government in contract liabilities beyond
+ actual appropriations, it is apparent that the means at the disposal
+ of the executive department for executing the laws through the
+ regular ministerial officers will after to-day be left inadequate. The
+ suspension of these necessary functions in the orderly administration
+ of the first duties of government for the shortest period is
+ inconsistent with the public interests, and at any moment may prove
+ inconsistent with the public safety.
+</p>
+<p>
+ It is impossible for me to look without grave concern upon a state of
+ things which will leave the public service thus unprovided for and
+ the public interests thus unprotected, and I earnestly urge upon your
+ attention the necessity of making immediate appropriations for the
+ maintenance of the service of the marshals and deputy marshals for the
+ fiscal year which commences to-morrow.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>July 1, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 28th June, 1879,
+ requesting a copy of any correspondence which may have passed between
+ the Department of State and the Republic of Mexico in regard to the
+ proposed Austin-Topolovampo Railroad survey across the northern States
+ of that country, I transmit herewith the report of the Secretary of
+ State upon the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>April 29, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have maturely considered the important questions presented by the
+ bill entitled "An act making appropriations for the support of
+ the Army for the fiscal year ending June 30, 1880, and for other
+ purposes," and I now return it to the House of Representatives, in
+ which it originated, with my objections to its approval.
+</p>
+<p>
+ The bill provides in the usual form for the appropriations required
+ for the support of the Army during the next fiscal year. If it
+ contained no other provisions, it would receive my prompt approval. It
+ includes, however, further legislation, which, attached, as it is, to
+ appropriations which are requisite for the efficient performance
+ of some of the most necessary duties of the Government, involves
+ questions of the gravest character. The sixth section of the bill is
+ amendatory of the statute now in force in regard to the authority of
+ persons in the civil, military, and naval service of the United States
+ "at the place where any general or special election is held in any
+ State." This statute was adopted February 25, 1865, after a protracted
+ debate in the Senate, and almost without opposition in the House
+ of Representatives, by the concurrent votes of both of the leading
+ political parties of the country, and became a law by the approval of
+ President Lincoln. It was reenacted in 1874 in the Revised Statutes of
+ the United States, sections 2002 and 5528, which are as follows:
+</p>
+<p class="q">
+ SEC. 2002. No military or naval officer, or other person
+ engaged in the civil, military, or naval service of the United
+ States, shall order, bring, keep, or have under his authority
+ or control any troops or armed men at the place where any
+ general or special election is held in any State, unless it be
+ necessary to repel the armed enemies of the United States or
+ to keep the peace at the polls.
+</p><p class="q">
+ SEC. 5528. Every officer of the Army or Navy, or other person
+ in the civil, military, or naval service of the United States,
+ who orders, brings, keeps, or has under his authority or
+ control any troops or armed men at any place where a general
+ or special election is held in any State, unless such force
+ be necessary to repel armed enemies of the United States or
+ to keep the peace at the polls, shall be fined not more than
+ $5,000 and surfer imprisonment at hard labor not less than
+ three months nor more than five years.
+</p>
+<p>
+ The amendment proposed to this statute in the bill before me omits
+ from both of the foregoing sections the words "or to keep the peace
+ at the polls," The effect of the adoption of this amendment may be
+ considered&mdash;
+</p>
+<p>
+ First. Upon the right of the United States Government to use military
+ force to keep the peace at the elections for Members of Congress; and
+</p>
+<p>
+ Second. Upon the right of the Government, by civil authority, to
+ protect these elections from violence and fraud.
+</p>
+<p>
+ In addition to the sections of the statute above quoted, the following
+ provisions of law relating to the use of the military power at the
+ elections are now in force:
+</p>
+<p class="q">
+ SEC. 2003. No officer of the Army or Navy of the United States
+ shall prescribe or fix, or attempt to prescribe or fix, by
+ proclamation, order, or otherwise, the qualifications of
+ voters in any State, or in any manner interfere with the
+ freedom of any election in any State, or with the exercise of
+ the free right of suffrage in any State.
+</p><p class="q">
+ SEC. 5529. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order,
+ advice, or otherwise, prevents, or attempts to prevent, any
+ qualified voter of any State from freely exercising the right
+ of suffrage at any general or special election in such State
+ shall be fined not more than $5,000 and imprisoned at hard
+ labor not more than five years.
+</p><p class="q">
+ SEC. 5530. Every officer of the Army or Navy who prescribes
+ or fixes, or attempts to prescribe or fix, whether by
+ proclamation, order, or otherwise, the qualifications of
+ voters at any election in any State shall be punished as
+ provided in the preceding section.
+</p><p class="q">
+ SEC. 5531. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order, or
+ otherwise, compels, or attempts to compel, any officer holding
+ an election in any State to receive a vote from a person not
+ legally qualified to vote, or who imposes, or attempts to
+ impose, any regulations for conducting any general or special
+ election in a State different from those prescribed by law, or
+ who interferes in any manner with any officer of an election
+ in the discharge of his duty, shall be punished as provided in
+ section 5529.
+</p><p class="q">
+ SEC. 5532. Every person convicted of any of the offenses
+ specified in the five preceding sections shall, in addition to
+ the punishments therein severally prescribed, be disqualified
+ from holding any office of honor, profit, or trust under
+ the United States; but nothing in those sections shall be
+ construed to prevent any officer, soldier, sailor, or marine
+ from exercising the right of suffrage in any election district
+ to which he may belong, if otherwise qualified according to
+ the laws of the State in which he offers to vote.
+</p>
+<p>
+ The foregoing enactments would seem to be sufficient to prevent
+ military interference with the elections. But the last Congress, to
+ remove all apprehension of such interference, added to this body of
+ law section 15 of an act entitled "An act making appropriations for
+ the support of the Army for the fiscal year ending June 30, 1879, and
+ for other purposes," approved June 18, 1878, which is as follows:
+</p>
+<p class="q">
+ SEC. 15. From and after the passage of this act it shall not
+ be lawful to employ any part of the Army of the United States,
+ as a <i>posse comitatus</i> or otherwise, for the purpose of
+ executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be
+ expressly authorized by the Constitution or by act of
+ Congress; and no money appropriated by this act shall be used
+ to pay any of the expenses incurred in the employment of any
+ troops in violation of this section; and any person willfully
+ violating the provisions of this section shall be deemed
+ guilty of a misdemeanor, and on conviction thereof shall be
+ punished by fine not exceeding $10,000 or imprisonment not
+ exceeding two years, or by both such fine and imprisonment.
+</p>
+<p>
+ This act passed the Senate, after full consideration, without a single
+ vote recorded against it on its final passage, and, by a majority
+ of more than two-thirds, it was concurred in by the House of
+ Representatives.
+</p>
+<p>
+ The purpose of the section quoted was stated in the Senate by one of
+ its supporters as follows:
+</p>
+<p class="q">
+ Therefore I hope, without getting into any controversy about
+ the past, but acting wisely for the future, that we shall
+ take away the idea that the Army can be used by a general or
+ special deputy marshal, or any marshal, merely for election
+ purposes, as a posse, ordering them about the polls or
+ ordering them anywhere else, when there is an election going
+ on, to prevent disorders or to suppress disturbances that
+ should be suppressed by the peace officers of the State; or,
+ if they must bring others to their aid they should summon the
+ unorganized citizens, and not summon the officers and men of
+ the Army as <i>posse comitatus</i> to quell disorders, and thus
+ get up a feeling which will be disastrous to peace among the
+ people of the country.
+</p>
+<p>
+ In the House of Representatives the object of the act of 1878 was
+ stated by the gentleman who had it in charge in similar terms. He
+ said:
+</p>
+<p class="q">
+ But these are all minor points and insignificant questions
+ compared with the great principle which was incorporated by
+ the House in the bill in reference to the use of the Army
+ in time of peace. The Senate had already conceded what they
+ called and what we might accept as the principle, but they
+ had stricken out the penalty, and had stricken out the word
+ "<i>expressly</i>" so that the Army might be used in all cases
+ where <i>implied</i> authority might be inferred. The House
+ committee planted themselves firmly upon the doctrine that
+ rather than yield this fundamental principle, for which for
+ three years this House had struggled, they would allow
+ the bill to fail, notwithstanding the reforms which we had
+ secured, regarding these reforms as of but little consequence
+ alongside the great principle that the Army of the United
+ States, in time of peace, should be under the control of
+ Congress and obedient to its laws. After a long and protracted
+ negotiation, the Senate committee have conceded that principle
+ in all its length and breadth, including the penalty, which
+ the Senate had stricken out. We bring you back, therefore,
+ a report, with the alteration of a single word, which the
+ lawyers assure me is proper to be made, restoring to this bill
+ the principle for which we have contended so long, and which
+ is so vital to secure the rights and liberties of the people.
+</p>
+<hr>
+<p class="q">
+ Thus have we this day secured to the people of this country
+ the same great protection against a standing army which cost
+ a struggle of two hundred years for the Commons of England to
+ secure for the British people.
+</p>
+<p>
+ From this brief review of the subject it sufficiently appears that
+ under existing laws there can be no military interference with the
+ elections. No case of such interference has, in fact, occurred since
+ the passage of the act last referred to. No soldier of the United
+ States has appeared under orders at any place of election in any
+ State. No complaint even of the presence of United States troops has
+ been made in any quarter. It may therefore be confidently stated
+ that there is no necessity for the enactment of section 6 of the bill
+ before me to prevent military interference with the elections. The
+ laws already in force are all that is required for that end.
+</p>
+<p>
+ But that part of section 6 of this bill which is significant and
+ vitally important is the clause which, if adopted, will deprive the
+ civil authorities of the United States of all power to keep the peace
+ at the Congressional elections. The Congressional elections in every
+ district, in a very important sense, are justly a matter of political
+ interest and concern throughout the whole country. Each State, every
+ political party, is entitled to the share of power which is conferred
+ by the legal and constitutional suffrage. It is the right of every
+ citizen possessing the qualifications prescribed by law to cast one
+ unintimidated ballot and to have his ballot honestly counted. So long
+ as the exercise of this power and the enjoyment of this right are
+ common and equal, practically as well as formally, submission to the
+ results of the suffrage will be accorded loyally and cheerfully, and
+ all the departments of Government will feel the true vigor of the
+ popular will thus expressed.
+</p>
+<p>
+ Two provisions of the Constitution authorize legislation by Congress
+ for the regulation of the Congressional elections.
+</p>
+<p>
+ Section 4 of Article I of the Constitution declares&mdash;
+</p>
+<p class="q">
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+</p>
+<p>
+ The fifteenth amendment of the Constitution is as follows:
+</p>
+<p class="q">
+ SEC. 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.
+</p><p class="q">
+ SEC. 2. The Congress shall have power to enforce this article
+ by appropriate legislation.
+</p>
+<p>
+ The Supreme Court has held that this amendment invests the citizens of
+ the United States with a new constitutional right which is within
+ the protecting power of Congress. That right the court declares to
+ be exemption from discrimination in the exercise of the elective
+ franchise on account of race, color, or previous condition of
+ servitude. The power of Congress to protect this right by appropriate
+ legislation is expressly affirmed by the court.
+</p>
+<p>
+ National legislation to provide safeguards for free and honest
+ elections is necessary, as experience has shown, not only to secure
+ the right to vote to the enfranchised race at the South, but also to
+ prevent fraudulent voting in the large cities of the North. Congress
+ has therefore exercised the power conferred by the Constitution, and
+ has enacted certain laws to prevent discriminations on account of
+ race, color, or previous condition of servitude, and to punish fraud,
+ violence, and intimidation at Federal elections. Attention is called
+ to the following sections of the Revised Statutes of the United
+ States, viz:
+</p>
+<p>
+ Section 2004, which guarantees to all citizens the right to vote,
+ without distinction on account of race, color, or previous condition
+ of servitude.
+</p>
+<p>
+ Sections 2005 and 2006, which guarantee to all citizens equal
+ opportunity, without discrimination, to perform all the acts required
+ by law as a prerequisite or qualification for voting.
+</p>
+<p>
+ Section 2022, which authorizes the United States marshal and
+ his deputies to keep the peace and preserve order at the Federal
+ elections.
+</p>
+<p>
+ Section 2024, which expressly authorizes the United States marshal
+ and his deputies to summon a <i>posse comitatus</i> whenever they or any of
+ them are forcibly resisted in the execution of their duties under the
+ law or are prevented from executing such duties by violence.
+</p>
+<p>
+ Section 5522, which provides for the punishment of the crime of
+ interfering with the supervisors of elections and deputy marshals in
+ the discharge of their duties at the elections of Representatives in
+ Congress.
+</p>
+<p>
+ These are some of the laws on this subject which it is the duty of
+ the executive department of the Government to enforce. The intent and
+ effect of the sixth section of this bill is to prohibit all the civil
+ officers of the United States, under penalty of fine and imprisonment,
+ from employing any adequate civil force for this purpose at the place
+ where their enforcement is most necessary, namely, at the places
+ where the Congressional elections are held. Among the most valuable
+ enactments to which I have referred are those which protect the
+ supervisors of Federal elections in the discharge of their duties at
+ the polls. If the proposed legislation should become the law, there
+ will be no power vested in any officer of the Government to protect
+ from violence the officers of the United States engaged in the
+ discharge of their duties. Their rights and duties under the law will
+ remain, but the National Government will be powerless to enforce its
+ own statutes. The States may employ both military and civil power to
+ keep the peace and to enforce the laws at State elections. It is
+ now proposed to deny to the United States even the necessary civil
+ authority to protect the national elections. No sufficient reason has
+ been given for this discrimination in favor of the State and against
+ the national authority. If well-founded objections exist against the
+ present national election laws, all good citizens should unite in
+ their amendment. The laws providing the safeguards of the elections
+ should be impartial, just, and efficient. They should, if possible,
+ be so nonpartisan and fair in their operation that the minority&mdash;the
+ party out of power&mdash;will have no just grounds to complain. The present
+ laws have in practice unquestionably conduced to the prevention of
+ fraud and violence at the elections. In several of the States members
+ of different political parties have applied for the safeguards which
+ they furnish. It is the right and duty of the National Government to
+ enact and enforce laws which will secure free and fair Congressional
+ elections. The laws now in force should not be repealed except in
+ connection with the enactment of measures which will better accomplish
+ that important end. Believing that section 6 of the bill before me
+ will weaken, if it does not altogether take away, the power of the
+ National Government to protect the Federal elections by the civil
+ authorities, I am forced to the conclusion that it ought not to
+ receive my approval.
+</p>
+<p>
+ This section is, however, not presented to me as a separate and
+ independent measure, but is, as has been stated, attached to the bill
+ making the usual annual appropriations for the support of the Army. It
+ makes a vital change in the election laws of the country, which is in
+ no way connected with the use of the Army. It prohibits, under heavy
+ penalties, any person engaged in the civil service of the United
+ States from having any force at the place of any election, prepared to
+ preserve order, to make arrests, to keep the peace, or in any manner
+ to enforce the laws. This is altogether foreign to the purpose of
+ an Army appropriation bill. The practice of tacking to appropriation
+ bills measures not pertinent to such bills did not prevail until more
+ than forty years after the adoption of the Constitution. It has become
+ a common practice. All parties when in power have adopted it. Many
+ abuses and great waste of public money have in this way crept into
+ appropriation bills. The public opinion of the country is against it.
+ The States which have recently adopted constitutions have generally
+ provided a remedy for the evil by enacting that no law shall contain
+ more than one subject, which shall be plainly expressed in its
+ title. The constitutions of more than half of the States contain
+ substantially this provision. The public welfare will be promoted in
+ many ways by a return to the early practice of the Government and to
+ the true principle of legislation, which requires that every measure
+ shall stand or fall according to its own merits. If it were understood
+ that to attach to an appropriation bill a measure irrelevant to the
+ general object of the bill would imperil and probably prevent its
+ final passage and approval, a valuable reform in the parliamentary
+ practice of Congress would be accomplished. The best justification
+ that has been offered for attaching irrelevant riders to appropriation
+ bills is that it is done for convenience sake, to facilitate the
+ passage of measures which are deemed expedient by all the branches
+ of Government which participate in legislation. It can not be claimed
+ that there is any such reason for attaching this amendment of the
+ election laws to the Army appropriation bill. The history of the
+ measure contradicts this assumption. A majority of the House of
+ Representatives in the last Congress was in favor of section 6 of this
+ bill. It was known that a majority of the Senate was opposed to
+ it, and that as a separate measure it could not be adopted. It was
+ attached to the Army appropriation bill to compel the Senate to
+ assent to it. It was plainly announced to the Senate that the Army
+ appropriation bill would not be allowed to pass unless the proposed
+ amendments of the election laws were adopted with it. The Senate
+ refused to assent to the bill on account of this irrelevant section.
+ Congress thereupon adjourned without passing an appropriation bill for
+ the Army, and the present extra session of the Forty-sixth Congress
+ became necessary to furnish the means to carry on the Government.
+</p>
+<p>
+ The ground upon which the action of the House of Representatives is
+ defended has been distinctly stated by many of its advocates. A week
+ before the close of the last session of Congress the doctrine in
+ question was stated by one of its ablest defenders as follows:
+</p>
+<p class="q">
+ It is our duty to repeal these laws. It is not worth while
+ to attempt the repeal except upon an appropriation bill.
+ The Republican Senate would not agree to nor the Republican
+ President sign a bill for such repeal. Whatever objection to
+ legislation upon appropriation bills may be made in ordinary
+ cases does not apply where free elections and the liberty of
+ the citizens are concerned. * * * We have the power to vote
+ money; let us annex conditions to it, and insist upon the
+ redress of grievances.
+</p>
+<p>
+ By another distinguished member of the House it was said:
+</p>
+<p class="q">
+ The right of the Representatives of the people to withhold
+ supplies is as old as English liberty. History records
+ numerous instances where the Commons, feeling that the people
+ were oppressed by laws that the Lords would not consent
+ to repeal by the ordinary methods of legislation, obtained
+ redress at last by refusing appropriations unless accompanied
+ by relief measures.
+</p>
+<p>
+ That a question of the gravest magnitude, and new in this country, was
+ raised by this course of proceeding, was fully recognized also by its
+ defenders in the Senate. It was said by a distinguished Senator:
+</p>
+<p class="q">
+ Perhaps no greater question, in the form we are brought to
+ consider it, was ever considered by the American Congress
+ in time of peace; for it involves not merely the merits or
+ demerits of the laws which the House bill proposes to repeal,
+ but involves the rights, the privileges, the powers, the
+ duties of the two branches of Congress and of the President
+ of the United States. It is a vast question; it is a question
+ whose importance can scarcely be estimated; it is a question
+ that never yet has been brought so sharply before the American
+ Congress and the American people as it may be now. It is
+ a question which sooner or later must be decided, and the
+ decision must determine what are the powers of the House of
+ Representatives under the Constitution, and what is the duty
+ of that House in the view of the framers of that Constitution,
+ according to its letter and its spirit.
+</p><p class="q">
+ Mr. President, I should approach this question, if I were in
+ the best possible condition to speak and to argue it, with
+ very grave diffidence, and certainly with the utmost anxiety;
+ for no one can think of it as long and as carefully as I have
+ thought of it without seeing that we are at the beginning,
+ perhaps, of a struggle that may last as long in this country
+ as a similar struggle lasted in what we are accustomed to call
+ the mother land. There the struggle lasted for two centuries
+ before it was ultimately decided. It is not likely to last so
+ long here, but it may last until every man in this chamber is
+ in his grave. It is the question whether or no the House of
+ Representatives has a right to say, "We will grant supplies
+ only upon condition that grievances are redressed. We are
+ the representatives of the taxpayers of the Republic. We, the
+ House of Representatives, alone have the right to originate
+ money bills. We, the House of Representatives, have alone the
+ right to originate bills which grant the money of the people.
+ The Senate represents States; we represent the taxpayers
+ of the Republic. We, therefore, by the very terms of the
+ Constitution, are charged with the duty of originating the
+ bills which grant the money of the people. We claim the right,
+ which the House of Commons in England established after two
+ centuries of contest, to say that we will not grant the money
+ of the people unless there is a redress of grievances."
+</p>
+<p>
+ Upon the assembling of this Congress, in pursuance of a call for
+ an extra session, which was made necessary by the failure of the
+ Forty-fifth Congress to make the needful appropriations for the
+ support of the Government, the question was presented whether the
+ attempt made in the last Congress to ingraft by construction a new
+ principle upon the Constitution should be persisted in or not. This
+ Congress has ample opportunity and time to pass the appropriation
+ bills, and also to enact any political measures which may be
+ determined upon in separate bills by the usual and orderly methods
+ of proceeding. But the majority of both Houses have deemed it wise to
+ adhere to the principles asserted and maintained in the last Congress
+ by the majority of the House of Representatives. That principle is
+ that the House of Representatives has the sole right to originate
+ bills for raising revenue, and therefore has the right to withhold
+ appropriations upon which the existence of the Government may depend
+ unless the Senate and the President shall give their assent to any
+ legislation which the House may see fit to attach to appropriation
+ bills. To establish this principle is to make a radical, dangerous,
+ and unconstitutional change in the character of our institutions. The
+ various departments of the Government and the Army and the Navy
+ are established by the Constitution or by laws passed in pursuance
+ thereof. Their duties are clearly defined and their support is
+ carefully provided for by law. The money required for this purpose has
+ been collected from the people and is now in the Treasury, ready to
+ be paid out as soon as the appropriation bills are passed. Whether
+ appropriations are made or not, the collection of the taxes will go
+ on. The public money will accumulate in the Treasury. It was not the
+ intention of the framers of the Constitution that any single branch of
+ the Government should have the power to dictate conditions upon
+ which this treasure should be applied to the purpose for which it was
+ collected. Any such intention, if it had been entertained, would have
+ been plainly expressed in the Constitution.
+</p>
+<p>
+ That a majority of the Senate now concurs in the claim of the House
+ adds to the gravity of the situation, but does not alter the
+ question at issue. The new doctrine, if maintained, will result in
+ a consolidation of unchecked and despotic power in the House of
+ Representatives. A bare majority of the House will become the
+ Government. The Executive will no longer be what the framers of
+ the Constitution intended&mdash;an equal and independent branch of the
+ Government. It is clearly the constitutional duty of the President to
+ exercise his discretion and judgment upon all bills presented to him
+ without constraint or duress from any other branch of the Government.
+ To say that a majority of either or both of the Houses of Congress may
+ insist upon the approval of a bill under the penalty of stopping all
+ of the operations of the Government for want of the necessary supplies
+ is to deny to the Executive that share of the legislative power which
+ is plainly conferred by the second section of the seventh article
+ of the Constitution. It strikes from the Constitution the qualified
+ negative of the President. It is said that this should be done
+ because it is the peculiar function of the House of Representatives to
+ represent the will of the people. But no single branch or department
+ of the Government has exclusive authority to speak for the American
+ people. The most authentic and solemn expression of their will
+ is contained in the Constitution of the United States. By that
+ Constitution they have ordained and established a Government whose
+ powers are distributed among coordinate branches, which, as far as
+ possible consistently with a harmonious cooperation, are absolutely
+ independent of each other. The people of this country are unwilling to
+ see the supremacy of the Constitution replaced by the omnipotence of
+ any one department of the Government.
+</p>
+<p>
+ The enactment of this bill into a law will establish a precedent which
+ will tend to destroy the equal independence of the several branches
+ of the Government. Its principle places not merely the Senate and the
+ Executive, but the judiciary also, under the coercive dictation of
+ the House. The House alone will be the judge of what constitutes a
+ grievance, and also of the means and measure of redress. An act of
+ Congress to protect elections is now the grievance complained of; but
+ the House may on the same principle determine that any other act of
+ Congress, a treaty made by the President with the advice and consent
+ of the Senate, a nomination or appointment to office, or that a
+ decision or opinion of the Supreme Court is a grievance, and that the
+ measure of redress is to withhold the appropriations required for the
+ support of the offending branch of the Government.
+</p>
+<p>
+ Believing that this bill is a dangerous violation of the spirit and
+ meaning of the Constitution, I am compelled to return it to the House
+ in which it originated without my approval. The qualified negative
+ with which the Constitution invests the President is a trust that
+ involves a duty which he can not decline to perform. With a firm and
+ conscientious purpose to do what I can to preserve unimpaired the
+ constitutional powers and equal independence, not merely of the
+ Executive, but of every branch of the Government, which will be
+ imperiled by the adoption of the principle of this bill, I desire
+ earnestly to urge upon the House of Representatives a return to the
+ wise and wholesome usage of the earlier days of the Republic, which
+ excluded from appropriation bills all irrelevant legislation. By
+ this course you will inaugurate an important reform in the method of
+ Congressional legislation; your action will be in harmony with the
+ fundamental principles of the Constitution and the patriotic sentiment
+ of nationality which is their firm support, and you will restore to
+ the country that feeling of confidence and security and the
+ repose which are so essential to the prosperity of all of our
+ fellow-citizens.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After a careful consideration of the bill entitled "An act to prohibit
+ military interference at elections," I return it to the House of
+ Representatives, in which it originated, with the following objections
+ to its approval:
+</p>
+<p>
+ In the communication sent to the House of Representatives on the 29th
+ of last month, returning to the House without my approval the bill
+ entitled "An act making appropriations for the support of the Army
+ for the fiscal year ending June 30, 1880, and for other purposes,"
+ I endeavored to show, by quotations from the statutes of the United
+ States now in force and by a brief statement of facts in regard to
+ recent elections in the several States, that no additional legislation
+ was necessary to prevent interference with the elections by the
+ military or naval forces of the United States. The fact was presented
+ in that communication that at the time of the passage of the act of
+ June 18, 1878, in relation to the employment of the Army as a <i>posse
+ comitatus</i> or otherwise, it was maintained by its friends that it
+ would establish a vital and fundamental principle which would secure,
+ to the people protection against a standing army. The fact was also
+ referred to that since the passage of this act Congressional, State,
+ and municipal elections have been held throughout the Union, and
+ that in no instance has complaint been made of the presence of United
+ States soldiers at the polls.
+</p>
+<p>
+ Holding, as I do, the opinion that any military interference whatever
+ at the polls is contrary to the spirit of our institutions and would
+ tend to destroy the freedom of elections, and sincerely desiring to
+ concur with Congress in all of its measures, it is with very great
+ regret that I am forced to the conclusion that the bill before me is
+ not only unnecessary to prevent such interference, but is a dangerous
+ departure from long-settled and important constitutional principles.
+</p>
+<p>
+ The true rule as to the employment of military force at the elections
+ is not doubtful. No intimidation or coercion should be allowed to
+ control or influence citizens in the exercise of their right to vote,
+ whether it appears in the shape of combinations of evil-disposed
+ persons, or of armed bodies of the militia of a State, or of the
+ military force of the United States.
+</p>
+<p>
+ The elections should be free from all forcible interference, and, as
+ far as practicable, from all apprehensions of such interference.
+ No soldiers, either of the Union or of the State militia, should be
+ present at the polls to take the place or to perform the duties of the
+ ordinary civil police force. There has been and will be no violation
+ of this rule under orders from me during this Administration; but
+ there should be no denial of the right of the National Government to
+ employ its military force on any day and at any place in case such
+ employment is necessary to enforce the Constitution and laws of the
+ United States.
+</p>
+<p>
+ The bill before me is as follows:
+</p>
+<p class="q">
+ <i>Be it enacted, etc.</i>, That it shall not be lawful to bring to
+ or employ at any place where a general or special election
+ is being held in a State any part of the Army or Navy of the
+ United States, unless such force be necessary to repel the
+ armed enemies of the United States or to enforce section 4,
+ Article IV, of the Constitution of the United States and
+ the laws made in pursuance thereof, on application of the
+ legislature or executive of the State where such force is to
+ be used; and so much of all laws as is inconsistent herewith
+ is hereby repealed.
+</p>
+<p>
+ It will be observed that the bill exempts from the general prohibition
+ against the employment of military force at the polls two specified
+ cases. These exceptions recognize and concede the soundness of the
+ principle that military force may properly and constitutionally be
+ used at the place of elections when such use is necessary to enforce
+ the Constitution and the laws; but the excepted cases leave the
+ prohibition so extensive and far-reaching that its adoption will
+ seriously impair the efficiency of the executive department of the
+ Government.
+</p>
+<p>
+ The first act expressly authorizing the use of military power to
+ execute the laws was passed almost as early as the organization of
+ the Government under the Constitution, and was approved by President
+ Washington May 2, 1792. It is as follows:
+</p>
+<p class="q">
+ SEC. 2. <i>And be it further enacted</i>, That whenever the laws
+ of the United States shall be opposed or the execution thereof
+ obstructed in any State by combinations too powerful to be
+ suppressed by the ordinary course of judicial proceedings or
+ by the powers vested in the marshals by this act, the same
+ being notified to the President of the United States by an
+ associate justice or the district judge, it shall be lawful
+ for the President of the United States to call forth the
+ militia of such State to suppress such combinations and to
+ cause the laws to be duly executed. And if the militia of a
+ State where such combination may happen shall refuse or be
+ insufficient to suppress the same, it shall be lawful for the
+ President, if the Legislature of the United States be not in
+ session, to call forth and employ such numbers of the militia
+ of any other State or States most convenient thereto as may be
+ necessary; and the use of militia so to be called forth may be
+ continued, if necessary, until the expiration of thirty days
+ after the commencement of the ensuing session.
+</p>
+<p>
+ In 1795 this provision was substantially reenacted in a law which
+ repealed the act of 1792. In 1807 the following act became the law by
+ the approval of President Jefferson:
+</p>
+<p class="q">
+ That in all cases of insurrection or obstruction to the laws,
+ either of the United States or of any individual State or
+ Territory, where it is lawful for the President of the
+ United States to call forth the militia for the purpose of
+ suppressing such insurrection or of causing the laws to be
+ duly executed, it shall be lawful for him to employ for the
+ same purposes such part of the land or naval force of the
+ United States as shall be judged necessary, having first
+ observed all the prerequisites of the law in that respect.
+</p>
+<p>
+ By this act it will be seen that the scope of the law of 1795 was
+ extended so as to authorize the National Government to use not only
+ the militia, but the Army and Navy of the United States, in "causing
+ the laws to be duly executed."
+</p>
+<p>
+ The important provision of the acts of 1792, 1795, and 1807, modified
+ in its terms from time to time to adapt it to the existing emergency,
+ remained in force until, by an act approved by President Lincoln July
+ 29, 1861, it was reenacted substantially in the same language in which
+ it is now found in the Revised Statutes, viz:
+</p>
+<p class="q">
+ SEC. 5298. Whenever, by reason of unlawful obstructions,
+ combinations, or assemblages of persons, or rebellion against
+ the authority of the Government of the United States, it shall
+ become impracticable, in the judgment of the President, to
+ enforce by the ordinary course of judicial proceedings the
+ laws of the United States within any State or Territory, it
+ shall be lawful for the President to call forth the militia of
+ any or all the States and to employ such parts of the land and
+ naval forces of the United States as he may deem necessary
+ to enforce the faithful execution of the laws of the United
+ States or to suppress such rebellion, in whatever State
+ or Territory thereof the laws of the United States may be
+ forcibly opposed or the execution thereof forcibly obstructed.
+</p>
+<p>
+ This ancient and fundamental law has been in force from the foundation
+ of the Government. It is now proposed to abrogate it on certain days
+ and at certain places. In my judgment no fact has been produced which
+ tends to show that it ought to be repealed or suspended for a single
+ hour at any place in any of the States or Territories of the Union.
+ All the teachings of experience in the course of our history are in
+ favor of sustaining its efficiency unimpaired. On every occasion when
+ the supremacy of the Constitution has been resisted and the perpetuity
+ of our institutions imperiled the principle of this statute, enacted
+ by the fathers, has enabled the Government of the Union to maintain
+ its authority and to preserve the integrity of the nation.
+</p>
+<p>
+ At the most critical periods of our history my predecessors in the
+ executive office have relied on this great principle. It was on this
+ principle that President Washington suppressed the whisky rebellion in
+ Pennsylvania in 1794.
+</p>
+<p>
+ In 1806, on the same principle, President Jefferson broke up the Burr
+ conspiracy by issuing "orders for the employment of such force, either
+ of the regulars or of the militia, and by such proceedings of the
+ civil authorities, * * * as might enable them to suppress effectually
+ the further progress of the enterprise." And it was under the same
+ authority that President Jackson crushed nullification in South
+ Carolina and that President Lincoln issued his call for troops to save
+ the Union in 1861. On numerous other occasions of less significance,
+ under probably every Administration, and certainly under the present,
+ this power has been usefully exerted to enforce the laws, without
+ objection by any party in the country, and almost without attracting
+ public attention.
+</p>
+<p>
+ The great elementary constitutional principle which was the foundation
+ of the original statute of 1792, and which has been its essence in
+ the various forms it has assumed since its first adoption, is that the
+ Government of the United States possesses under the Constitution,
+ in full measure, the power of self-protection by its own agencies,
+ altogether independent of State authority, and, if need be, against
+ the hostility of State governments. It should remain embodied in
+ our statutes unimpaired, as it has been from the very origin of the
+ Government. It should be regarded as hardly less valuable or less
+ sacred than a provision of the Constitution itself.
+</p>
+<p>
+ There are many other important statutes containing provisions that are
+ liable to be suspended or annulled at the times and places of
+ holding elections if the bill before me should become a law. I do not
+ undertake to furnish a list of them. Many of them&mdash;perhaps the most of
+ them&mdash;have been set forth in the debates on this measure. They relate
+ to extradition, to crimes against the election laws, to quarantine
+ regulations, to neutrality, to Indian reservations, to the civil
+ rights of citizens, and to other subjects. In regard to them all it
+ may be safely said that the meaning and effect of this bill is to take
+ from the General Government an important part of its power to enforce
+ the laws.
+</p>
+<p>
+ Another grave objection to the bill is its discrimination in favor
+ of the State and against the national authority. The presence or
+ employment of the Army or Navy of the United States is lawful under
+ the terms of this bill at the place where an election is being held in
+ a State to uphold the authority of a State government then and there
+ in need of such military intervention, but unlawful to uphold the
+ authority of the Government of the United States then and there in
+ need of such military intervention. Under this bill the presence or
+ employment of the Army or Navy of the United States would be lawful
+ and might be necessary to maintain the conduct of a State election
+ against the domestic violence that would overthrow it, but would be
+ unlawful to maintain the conduct of a national election against the
+ same local violence that would overthrow it. This discrimination has
+ never been attempted in any previous legislation by Congress, and is
+ no more compatible with sound principles of the Constitution or the
+ necessary maxims and methods of our system of government on occasions
+ of elections than at other times. In the early legislation of 1792
+ and of 1795, by which the militia of the States was the only military
+ power resorted to for the execution of the constitutional powers
+ in support of State or national authority, both functions of the
+ Government were put upon the same footing. By the act of 1807 the
+ employment of the Army and Navy was authorized for the performance of
+ both constitutional duties in the same terms.
+</p>
+<p>
+ In all later statutes on the same subject-matter the same measure of
+ authority to the Government has been accorded for the performance
+ of both these duties. No precedent has been found in any previous
+ legislation, and no sufficient reason has been given for the
+ discrimination in favor of the State and against the national
+ authority which this bill contains.
+</p>
+<p>
+ Under the sweeping terms of the bill the National Government is
+ effectually shut out from the exercise of the right and from the
+ discharge of the imperative duty to use its whole executive power
+ whenever and wherever required for the enforcement of its laws at the
+ places and times when and where its elections are held. The employment
+ of its organized armed forces for any such purpose would be an offense
+ against the law unless called for by, and therefore upon permission
+ of, the authorities of the State in which the occasion arises. What is
+ this but the substitution of the discretion of the State governments
+ for the discretion of the Government of the United States as to the
+ performance of its own duties? In my judgment this is an abandonment
+ of its obligations by the National Government&mdash;a subordination of
+ national authority and an intrusion of State supervision over national
+ duties which amounts, in spirit and tendency, to State supremacy.
+</p>
+<p>
+ Though I believe that the existing statutes are abundantly adequate
+ to completely prevent military interference with the elections in the
+ sense in which the phrase is used in the title of this bill and is
+ employed by the people of this country, I shall find no difficulty in
+ concurring in any additional legislation limited to that object which
+ does not interfere with the indispensable exercise of the powers of
+ the Government under the Constitution and laws.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>
+ MAY 12, 1879.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 29, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After mature consideration of the bill entitled "An act making
+ appropriations for the legislative, executive, and judicial expenses
+ of the Government for the fiscal year ending June 30, 1880, and for
+ other purposes," I herewith return it to the House of Representatives,
+ in which it originated, with the following objections to its approval:
+</p>
+<p>
+ The main purpose of the bill is to appropriate the money required to
+ support during the next fiscal year the several civil departments
+ of the Government. The amount appropriated exceeds in the aggregate
+ $18,000,000.
+</p>
+<p>
+ This money is needed to keep in operation the essential functions of
+ all the great departments of the Government&mdash;legislative, executive,
+ and judicial. If the bill contained no other provisions, no objection
+ to its approval would be made. It embraces, however, a number of
+ clauses, relating to subjects of great general interest, which are
+ wholly unconnected with the appropriations which it provides for.
+ The objections to the practice of tacking general legislation to
+ appropriation bills, especially when the object is to deprive a
+ coordinate branch of the Government of its right to the free exercise
+ of its own discretion and judgment touching such general legislation,
+ were set forth in the special message in relation to House bill No. 1,
+ which was returned to the House of Representatives on the 29th of last
+ month. I regret that the objections which were then expressed to this
+ method of legislation have not seemed to Congress of sufficient weight
+ to dissuade from this renewed incorporation of general enactments in
+ an appropriation bill, and that my constitutional duty in respect of
+ the general legislation thus placed before me can not be
+ discharged without seeming to delay, however briefly, the necessary
+ appropriations by Congress for the support of the Government. Without
+ repeating these objections, I respectfully refer to that message for
+ a statement of my views on the principle maintained in debate by the
+ advocates of this bill, viz, that "to withhold appropriations is a
+ constitutional means for the redress" of what the majority of the
+ House of Representatives may regard as "a grievance."
+</p>
+<p>
+ The bill contains the following clauses, viz:
+</p>
+<p class="q">
+ <i>And provided further</i>, That the following sections of the
+ Revised Statutes of the United States, namely, sections 2016,
+ 2018, and 2020, and all of the succeeding sections of said
+ statutes down to and including section 2027, and also section
+ 5522, be, and the same are hereby, repealed; * * * and that
+ all the other sections of the Revised Statutes, and all
+ laws and parts of laws authorizing the appointment of
+ chief supervisors of elections, special deputy marshals of
+ elections, or general deputy marshals having any duties to
+ perform in respect to any election, and prescribing their
+ duties and powers and allowing them compensation, be, and the
+ same are hereby, repealed.
+</p>
+<p>
+ It also contains clauses amending sections 2017, 2019, 2028, and 2031
+ of the Revised Statutes.
+</p>
+<p>
+ The sections of the Revised Statutes which the bill, if approved,
+ would repeal or amend are part of an act approved May 30, 1870, and
+ amended February 28, 1871, entitled "An act to enforce the rights of
+ citizens of the United States to vote in the several States of
+ this Union, and for other purposes." All of the provisions of the
+ above-named acts which it is proposed in this bill to repeal or modify
+ relate to the Congressional elections. The remaining portion of the
+ law, which will continue in force after the enactment of this measure,
+ is that which provides for the appointment, by a judge of the circuit
+ court of the United States, of two supervisors of election in each
+ election district at any Congressional election, on due application
+ of citizens who desire, in the language of the law, "to have such
+ election <i>guarded</i> and <i>scrutinized</i>." The duties of the supervisors
+ will be to attend at the polls at all Congressional elections, and
+ to remain after the polls are open until every vote cast has been
+ counted; but they will "have no authority to make arrests or to
+ perform other duties than to be in the immediate presence of the
+ officers holding the election and to witness all their proceedings,
+ including the counting of the votes and the making of a return
+ thereof." The part of the election law which will be repealed by the
+ approval of this bill includes those sections which give authority
+ to the supervisors of elections "to personally scrutinize, count, and
+ canvass each ballot," and all the sections which confer authority upon
+ the United States marshals and deputy marshals in connection with the
+ Congressional elections. The enactment of this bill will also repeal
+ section 5522 of the criminal statutes of the United States, which was
+ enacted for the protection of United States officers engaged in the
+ discharge of their duties at the Congressional elections. This section
+ protects supervisors and marshals in the performance of their duties
+ by making the obstruction or the assaulting of these officers, or
+ any interference with them, by bribery or solicitation or otherwise,
+ crimes against the United States.
+</p>
+<p>
+ The true meaning and effect of the proposed legislation are plain. The
+ supervisors, with the authority to observe and witness the proceedings
+ at the Congressional elections, will be left, but there will be no
+ power to protect them, or to prevent interference with their duties,
+ or to punish any violation of the law from which their powers are
+ derived. If this bill is approved, only the shadow of the authority of
+ the United States at the national elections will remain; the substance
+ will be gone. The supervision of the elections will be reduced to a
+ mere inspection, without authority on the part of the supervisors to
+ do any act whatever to make the election a fair one. All that will be
+ left to the supervisors is the permission to have such oversight of
+ the elections as political parties are in the habit of exercising
+ without any authority of law, in order to prevent their opponents from
+ obtaining unfair advantages. The object of the bill is to destroy
+ any control whatever by the United States over the Congressional
+ elections.
+</p>
+<p>
+ The passage of this bill has been urged upon the ground that the
+ election of members of Congress is a matter which concerns the States
+ alone; that these elections should be controlled exclusively by
+ the States; that there are and can be no such elections as national
+ elections, and that the existing law of the United States regulating
+ the Congressional elections is without warrant in the Constitution.
+</p>
+<p>
+ It is evident, however, that the framers of the Constitution regarded
+ the election of members of Congress in every State and in every
+ district as in a very important sense justly a matter of political
+ interest and concern to the whole country. The original provision of
+ the Constitution on this subject is as follows (sec. 4, Art. I):
+</p>
+<p class="q">
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+</p>
+<p>
+ A further provision has been since added, which is embraced in the
+ fifteenth amendment. It is as follows:
+</p>
+<p class="q">
+ SEC. 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.
+</p><p class="q">
+ SEC. 2. The Congress shall have power to enforce this article
+ by appropriate legislation.
+</p>
+<p>
+ Under the general provision of the Constitution (sec. 4, Art. I)
+ Congress in 1866 passed a comprehensive law which prescribed full and
+ detailed regulations for the election of Senators by the legislatures
+ of the several States. This law has been in force almost thirteen
+ years. In pursuance of it all the members of the present Senate of the
+ United States hold their seats. Its constitutionality is not called
+ in question. It is confidently believed that no sound argument can
+ be made in support of the constitutionality of national regulation of
+ Senatorial elections which will not show that the elections of members
+ of the House of Representatives may also be constitutionally regulated
+ by the national authority.
+</p>
+<p>
+ The bill before me itself recognizes the principle that the
+ Congressional elections are not State elections, but national
+ elections. It leaves in full force the existing statute under which
+ supervisors are still to be appointed by national authority to
+ "observe and witness" the Congressional elections whenever due
+ application is made by citizens who desire said elections to be
+ "guarded and scrutinized." If the power to supervise in any respect
+ whatever the Congressional elections exists under section 4, Article
+ I, of the Constitution, it is a power which, like every other power
+ belonging to the Government of the United States, is paramount and
+ supreme, and includes the right to employ the necessary means to carry
+ it into effect.
+</p>
+<p>
+ The statutes of the United States which regulate the election of
+ members of the House of Representatives, an essential part of which
+ it is proposed to repeal by this bill, have been in force about eight
+ years. Four Congressional elections have been held under them, two of
+ which were at the Presidential elections of 1872 and 1876. Numerous
+ prosecutions, trials, and convictions have been had in the courts of
+ the United States in all parts of the Union for violations of these
+ laws. In no reported case has their constitutionality been called in
+ question by any judge of the courts of the United States. The validity
+ of these laws is sustained by the uniform course of judicial action
+ and opinion.
+</p>
+<p>
+ If it is urged that the United States election laws are not necessary,
+ an ample reply is furnished by the history of their origin and of
+ their results. They were especially prompted by the investigation and
+ exposure of the frauds committed in the city and State of New York
+ at the elections of 1868. Committees representing both of the leading
+ political parties of the country have submitted reports to the House
+ of Representatives on the extent of those frauds. A committee of the
+ Fortieth Congress, after a full investigation, reached the conclusion
+ that the number of fraudulent votes cast in the city of New York alone
+ in 1868 was not less than 25,000. A committee of the Forty-fourth
+ Congress in their report, submitted in 1877, adopted the opinion that
+ for every 100 actual voters of the city of New York in 1868 108 votes
+ were cast, when in fact the number of lawful votes cast could not
+ have exceeded 88 per cent of the actual voters of the city. By this
+ statement the number of fraudulent votes at that election in the city
+ of New York alone was between thirty and forty thousand. These frauds
+ completely reversed the result of the election in the State of New
+ York, both as to the choice of governor and State officers and as to
+ the choice of electors of President and Vice-President of the United
+ States. They attracted the attention of the whole country. It was
+ plain that if they could be continued and repeated with impunity free
+ government was impossible. A distinguished Senator, in opposing the
+ passage of the election laws, declared that he had "for a long time
+ believed that our form of government was a comparative failure in the
+ larger cities." To meet these evils and to prevent these crimes the
+ United States laws regulating Congressional elections were enacted.
+</p>
+<p>
+ The framers of these laws have not been disappointed in their results.
+ In the large cities, under their provisions, the elections have been
+ comparatively peaceable, orderly, and honest. Even the opponents of
+ these laws have borne testimony to their value and efficiency and to
+ the necessity for their enactment. The committee of the Forty-fourth
+ Congress, composed of members a majority of whom were opposed to these
+ laws, in their report on the New York election of 1876, said:
+</p>
+<p class="q">
+ The committee would commend to other portions of the country
+ and to other cities this remarkable system, developed through
+ the agency of both local and Federal authorities acting in
+ harmony for an honest purpose. In no portion of the world and
+ in no era of time where there has been an expression of the
+ popular will through the forms of law has there been a more
+ complete and thorough illustration of republican institutions.
+ Whatever may have been the previous habit or conduct of
+ elections in those cities, or howsoever they may conduct
+ themselves in the future, this election of 1876 will stand as
+ a monument of what good faith, honest endeavor, legal forms,
+ and just authority may do for the protection of the electoral
+ franchise.
+</p>
+<p>
+ This bill recognizes the authority and duty of the United States
+ to appoint supervisors to guard and scrutinize the Congressional
+ elections, but it denies to the Government of the United States all
+ power to make its supervision effectual. The great body of the people
+ of all parties want free and fair elections. They do not think that
+ a free election means freedom from the wholesome restraints of law or
+ that the place of election should be a sanctuary for lawlessness
+ and crime. On the day of an election peace and good order are more
+ necessary than on any other day of the year. On that day the humblest
+ and feeblest citizens, the aged and the infirm, should be, and should
+ have reason to feel that they are, safe in the exercise of their
+ most responsible duty and their most sacred right as members of
+ society&mdash;their duty and their right to vote. The constitutional
+ authority to regulate the Congressional elections which belongs to the
+ Government of the United States, and which it is necessary to exert
+ to secure the right to vote to every citizen possessing the requisite
+ qualifications, ought to be enforced by appropriate legislation.
+ So far from public opinion in any part of the country favoring any
+ relaxation of the authority of the Government in the protection of
+ elections from violence and corruption, I believe it demands greater
+ vigor both in the enactment and in the execution of the laws framed
+ for that purpose. Any oppression, any partisan partiality, which
+ experience may have shown in the working of existing laws may well
+ engage the careful attention both of Congress and of the Executive,
+ in their respective spheres of duty, for the correction of these
+ mischiefs. As no Congressional elections occur until after the regular
+ session of Congress will have been held, there seems to be no public
+ exigency that would preclude a seasonable consideration at that
+ session of any administrative details that might improve the present
+ methods designed for the protection of all citizens in the complete
+ and equal exercise of the right and power of the suffrage at such
+ elections. But with my views, both of the constitutionality and of the
+ value of the existing laws, I can not approve any measure for their
+ repeal except in connection with the enactment of other legislation
+ which may reasonably be expected to afford wiser and more efficient
+ safeguards for free and honest Congressional elections.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 23, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After careful examination of the bill entitled "An act making
+ appropriations for certain judicial expenses," I return it herewith
+ to the House of Representatives, in which it originated, with the
+ following objections to its approval:
+</p>
+<p>
+ The general purpose of the bill is to provide for certain judicial
+ expenses of the Government for the fiscal year ending June 30, 1880,
+ for which the sum of $2,690,000 is appropriated. These appropriations
+ are required to keep in operation the general functions of the
+ judicial department of the Government, and if this part of the bill
+ stood alone there would be no objection to its approval. It contains,
+ however, other provisions, to which I desire respectfully to ask your
+ attention.
+</p>
+<p>
+ At the present session of Congress a majority of both Houses, favoring
+ a repeal of the Congressional election laws embraced in title 26 of
+ the Revised Statutes, passed a measure for that purpose, as part of
+ a bill entitled "An act making appropriations for the legislative,
+ executive, and judicial expenses of the Government for the fiscal year
+ ending June 30, 1880, and for other purposes." Unable to concur with
+ Congress in that measure, on the 29th of May last I returned the bill
+ to the House of Representatives, in which it originated, without my
+ approval, for that further consideration for which the Constitution
+ provides. On reconsideration the bill was approved by less than
+ two-thirds of the House, and failed to become a law. The election laws
+ therefore remain valid enactments, and the supreme law of the land,
+ binding not only upon all private citizens, but also alike and equally
+ binding upon all who are charged with the duties and responsibilities
+ of the legislative, the executive, and the judicial departments of the
+ Government.
+</p>
+<p>
+ It is not sought by the bill before me to repeal the election laws.
+ Its object is to defeat their enforcement. The last clause of the
+ first section is as follows:
+</p>
+<p class="q">
+ And no part of the money hereby appropriated is appropriated
+ to pay any salaries, compensation, fees, or expenses under
+ or in virtue of title 26 of the Revised Statutes, or of any
+ provision of said title.
+</p>
+<p>
+ Title 26 of the Revised Statutes, referred to in the foregoing clause,
+ relates to the elective franchise, and contains the laws now in force
+ regulating the Congressional elections.
+</p>
+<p>
+ The second section of the bill reaches much further. It is as follows:
+</p>
+<p class="q">
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 of the Revised Statutes of the United
+ States authorizing the appointment or payment of general
+ or special deputy marshals for service in connection with
+ elections or on election day until an appropriation sufficient
+ to meet such contract or pay such liability shall have first
+ been made by law.
+</p>
+<p>
+ This section of the bill is intended to make an extensive and
+ essential change in the existing laws. The following are the
+ provisions of the statutes on the same subject which are now in force:
+</p>
+<p class="q">
+ SEC. 3679. 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.
+</p><p class="q">
+ SEC. 3732. 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.
+</p>
+<p>
+ The object of these sections of the Revised Statutes is plain. It is,
+ first, to prevent any money from being expended unless appropriations
+ have been made therefor, and, second, to prevent the Government from
+ being bound by any contract not previously authorized by law, except
+ for certain necessary purposes in the War and Navy Departments.
+</p>
+<p>
+ Under the existing laws the failure of Congress to make the
+ appropriations required for the execution of the provisions of the
+ election laws would not prevent their enforcement. The right and duty
+ to appoint the general and special deputy marshals which they provide
+ for would still remain, and the executive department of the Government
+ would also be empowered to incur the requisite liability for
+ their compensation. But the second section of this bill contains a
+ prohibition not found in any previous legislation. Its design is to
+ render the election laws inoperative and a dead letter during the
+ next fiscal year. It is sought to accomplish this by omitting to
+ appropriate money for their enforcement and by expressly prohibiting
+ any Department or officer of the Government from incurring any
+ liability under any of the provisions of title 26 of the Revised
+ Statutes authorizing the appointment or payment of general or special
+ deputy marshals for service on election days until an appropriation
+ sufficient to pay such liability shall have first been made.
+</p>
+<p>
+ The President is called upon to give his affirmative approval to
+ positive enactments which in effect deprive him of the ordinary and
+ necessary means of executing laws still left in the statute book
+ and embraced within his constitutional duty to see that the laws are
+ executed. If he approves the bill, and thus gives to such positive
+ enactments the authority of law, he participates in the curtailment
+ of his means of seeing that the law is faithfully executed, while
+ the obligation of the law and of his constitutional duty remains
+ unimpaired.
+</p>
+<p>
+ The appointment of special deputy marshals is not made by the statute
+ a spontaneous act of authority on the part of any executive or
+ judicial officer of the Government, but is accorded as a popular right
+ of the citizens to call into operation this agency for securing the
+ purity and freedom of elections in any city or town having 20,000
+ inhabitants or upward. Section 2021 of the Revised Statutes puts it in
+ the power of any two citizens of such city or town to require of
+ the marshal of the district the appointment of these special deputy
+ marshals. Thereupon the duty of the marshal becomes imperative, and
+ its nonperformance would expose him to judicial mandate or punishment
+ or to removal from office by the President, as the circumstances of
+ his conduct might require. The bill now before me neither revokes this
+ popular right of the citizens, nor relieves the marshal of the duty
+ imposed by law, nor the President of his duty to see that this law is
+ faithfully executed.
+</p>
+<p>
+ I forbear to enter again upon any general discussion of the wisdom
+ and necessity of the election laws or of the dangerous and
+ unconstitutional principle of this bill&mdash;that the power vested in
+ Congress to originate appropriations involves the right to compel the
+ Executive to approve any legislation which Congress may see fit to
+ attach to such bills, under the penalty of refusing the means needed
+ to carry on essential functions of the Government. My views on these
+ subjects have been sufficiently presented in the special messages sent
+ by me to the House of Representatives during their present session.
+ What was said in those messages I regard as conclusive as to my
+ duty in respect to the bill before me. The arguments urged in those
+ communications against the repeal of the election laws and against
+ the right of Congress to deprive the Executive of that separate and
+ independent discretion and judgment which the Constitution confers and
+ requires are equally cogent in opposition to this bill. This
+ measure leaves the powers and duties of the supervisors of elections
+ untouched. The compensation of those officers is provided for under
+ permanent laws, and no liability for which an appropriation is now
+ required would therefore be incurred by their appointment. But the
+ power of the National Government to protect them in the discharge of
+ their duty at the polls would be taken away. The States may employ
+ both civil and military power at the elections, but by this bill even
+ the civil authority to protect Congressional elections is denied to
+ the United States. The object is to prevent any adequate control
+ by the United States over the national elections by forbidding
+ the payment of deputy marshals, the officers who are clothed with
+ authority to enforce the election laws.
+</p>
+<p>
+ The fact that these laws are deemed objectionable by a majority of
+ both Houses of Congress is urged as a sufficient warrant for this
+ legislation.
+</p>
+<p>
+ There are two lawful ways to overturn legislative enactments. One
+ is their repeal; the other is the decision of a competent tribunal
+ against their validity. The effect of this bill is to deprive the
+ executive department of the Government of the means to execute laws
+ which are not repealed, which have not been declared invalid, and
+ which it is therefore the duty of the executive and of every other
+ department of Government to obey and to enforce.
+</p>
+<p>
+ I have in my former message on this subject expressed a willingness
+ to concur in suitable amendments for the improvement of the election
+ laws; but I can not consent to their absolute and entire repeal, and I
+ can not approve legislation which seeks to prevent their enforcement.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 27, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I return without approval Senate bill No. 595,<a href="#note-28"><small>28</small></a> with the following
+ objection to its becoming a law:
+</p>
+<p>
+ Doubts have arisen upon consideration of the bill as to whether Major
+ Collins will be required under it to refund to the United States the
+ pay and allowances received by him at the time he was mustered out of
+ the service. Believing that it was not the intention of Congress to
+ require such repayment, the bill is returned without my signature to
+ the House in which it originated.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 30, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I return to the House of Representatives, in which it originated,
+ the bill entitled "An act making appropriations to pay fees of United
+ States marshals and their general deputies," with the following
+ objections to its becoming a law:
+</p>
+<p>
+ The bill appropriates the sum of $600,000 for the payment during the
+ fiscal year ending June 30, 1880, of United States marshals and their
+ general deputies. The offices thus provided for are essential to the
+ faithful execution of the laws. They were created and their powers and
+ duties defined by Congress at its first session after the adoption of
+ the Constitution in the judiciary act which was approved September
+ 24, 1789. Their general duties, as defined in the act which originally
+ established them, were substantially the same as those prescribed in
+ the statutes now in force.
+</p>
+<p>
+ The principal provision on the subject in the Revised Statutes is as
+ follows:
+</p>
+<p class="q">
+ SEC. 787. It shall be the duty of the marshal of each district
+ to attend the district and circuit courts when sitting
+ therein, and to execute throughout the district all lawful
+ precepts directed to him and issued under the authority of
+ the United States; and he shall have power to command all
+ necessary assistance in the execution of his duty.
+</p>
+<p>
+ The original act was amended February 28, 1795, and the amendment is
+ now found in the Revised Statutes in the following form:
+</p>
+<p class="q">
+ SEC. 788. The marshals and their deputies shall have in each
+ State the same powers in executing the laws of the United
+ States as the sheriffs and their deputies in such State may
+ have by law in executing the laws thereof.
+</p>
+<p>
+ By subsequent statutes additional duties have been from time to time
+ imposed upon the marshals and their deputies, the due and regular
+ performance of which are required for the efficiency of almost every
+ branch of the public service. Without these officers there would be
+ no means of executing the warrants, decrees, or other process of
+ the courts, and the judicial system of the country would be fatally
+ defective. The criminal jurisdiction of the courts of the United
+ States is very extensive. The crimes committed within the maritime
+ jurisdiction of the United States are all cognizable only in the
+ courts of the United States. Crimes against public justice; crimes
+ against the operations of the Government, such as forging or
+ counterfeiting the money or securities of the United States; crimes
+ against the postal laws; offenses against the elective franchise,
+ against the civil rights of citizens, against the existence of the
+ Government; crimes against the internal-revenue laws, the customs
+ laws, the neutrality laws; crimes against laws for the protection of
+ Indians and of the public lands&mdash;all of these crimes and many others
+ can be punished only under United States laws, laws which, taken
+ together, constitute a body of jurisprudence which is vital to the
+ welfare of the whole country, and which can be enforced only by means
+ of the marshals and deputy marshals of the United States. In the
+ District of Columbia all of the process of the courts is executed by
+ the officers in question. In short, the execution of the criminal laws
+ of the United States, the service of all civil process in cases in
+ which the United States is a party, and the execution of the revenue
+ laws, the neutrality laws, and many other laws of large importance
+ depend on the maintenance of the marshals and their deputies. They are
+ in effect the only police of the United States Government. Officers
+ with corresponding powers and duties are found in every State of the
+ Union and in every country which has a jurisprudence which is worthy
+ of the name. To deprive the National Government of these officers
+ would be as disastrous to society as to abolish the sheriffs,
+ constables, and police officers in the several States. It would be a
+ denial to the United States of the right to execute its laws&mdash;a
+ denial of all authority which requires the use of civil force. The law
+ entitles these officers to be paid. The funds needed for the purpose
+ have been collected from the people and are now in the Treasury. No
+ objection is, therefore, made to that part of the bill before me which
+ appropriates money for the support of the marshals and deputy marshals
+ of the United States.
+</p>
+<p>
+ The bill contains, however, other provisions which are identical in
+ tenor and effect with the second section of the bill entitled "An act
+ making appropriations for certain judicial expenses," which on the 23d
+ of the present month was returned to the House of Representatives
+ with my objections to its approval. The provisions referred to are as
+ follows:
+</p>
+<p class="q">
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 mentioned in section 1 of this act
+ until an appropriation sufficient to meet such contract or pay
+ such liability shall have first been made by law.
+</p>
+<p>
+ Upon a reconsideration in the House of Representatives of the bill
+ which contained these provisions it lacked a constitutional majority,
+ and therefore failed to become a law. In order to secure its
+ enactment, the same measure is again presented for my approval,
+ coupled in the bill before me with appropriations for the support of
+ marshals and their deputies during the next fiscal year. The object,
+ manifestly, is to place before the Executive this alternative: Either
+ to allow necessary functions of the public service to be crippled
+ or suspended for want of the appropriations required to keep them in
+ operation, or to approve legislation which in official communications
+ to Congress he has declared would be a violation of his constitutional
+ duty. Thus in this bill the principle is clearly embodied that by
+ virtue of the provision of the Constitution which requires that
+ "all bills for raising revenue shall originate in the House of
+ Representatives" a bare majority of the House of Representatives has
+ the right to withhold appropriations for the support of the Government
+ unless the Executive consents to approve any legislation which may
+ be attached to appropriation bills. I respectfully refer to the
+ communications on this subject which I have sent to Congress during
+ its present session for a statement of the grounds of my conclusions,
+ and desire here merely to repeat that in my judgment to establish
+ the principle of this bill is to make a radical, dangerous, and
+ unconstitutional change in the character of our institutions.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has become known to me that certain evil-disposed persons
+ have within the territory and jurisdiction of the United States begun
+ and set on foot preparations for an organized and forcible possession
+ of and settlement upon the lands of what is known as the Indian
+ Territory, west of the State of Arkansas, which Territory is
+ designated, recognized, and described by the treaties and laws of the
+ United States and by the executive authorities as Indian country, and
+ as such is only subject to occupation by Indian tribes, officers of
+ the Indian Department, military posts, and such persons as may be
+ privileged to reside and trade therein under the intercourse laws of
+ the United States; and
+</p>
+<p>
+ Whereas those laws provide for the removal of all persons residing and
+ trading therein without express permission of the Indian Department
+ and agents, and also of all persons whom such agents may deem to be
+ improper persons to reside in the Indian country:
+</p>
+<p>
+ Now, therefore, for the purpose of properly protecting the interests
+ of the Indian nations and tribes, as well as of the United States, in
+ said Indian Territory, and of duly enforcing the laws governing the
+ same, I, Rutherford B. Hayes, President of the United States, do
+ admonish and warn all such persons so intending or preparing to remove
+ upon said lands or into said Territory without permission of the
+ proper agent of the Indian Department against any attempt to so remove
+ or settle upon any of the lands of said Territory; and I do further
+ warn and notify any and all such persons who may so offend that they
+ will be speedily and immediately removed therefrom by the agent,
+ according to the laws made and provided; and if necessary the aid and
+ assistance of the military forces of the United States will be invoked
+ to carry into proper execution the laws of the United States herein
+ referred to.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 26th day of April, A.D. 1879, and
+ of the Independence of the United States the one hundred and third.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ At no recurrence of the season which the devout habit of a religious
+ people has made the occasion for giving thanks to Almighty God and
+ humbly invoking His continued favor has the material prosperity
+ enjoyed by our whole country been more conspicuous, more manifold, or
+ more universal.
+</p>
+<p>
+ During the past year, also, unbroken peace with all foreign nations,
+ the general prevalence of domestic tranquillity, the supremacy and
+ security of the great institutions of civil and religious freedom,
+ have gladdened the hearts of our people and confirmed their attachment
+ to their Government, which the wisdom and courage of our ancestors so
+ fitly framed and the wisdom and courage of their descendants have
+ so firmly maintained to be the habitation of liberty and justice to
+ successive generations.
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do appoint Thursday, the 27th day of November instant, as a
+ day of national thanksgiving and prayer; and I earnestly recommend
+ that, withdrawing themselves from secular cares and labors, the people
+ of the United States do meet together on that day in their respective
+ places of worship, there to give thanks and praise to Almighty God for
+ His mercies and to devoutly beseech their continuance.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 3d day of November, A.D. 1879,
+ and of the Independence of the United States the one hundred and
+ fourth.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<center>
+ [From the New-York Tribune, February 14, 1879.]
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 4, 1879.</i>
+</p>
+<p>
+ General E.A. MERRITT.
+</p>
+<p>
+ MY DEAR GENERAL: I congratulate you on your confirmation. It is a
+ great gratification to me, very honorable to you, and will prove,
+ I believe, of signal service to the country. My desire is that the
+ office be conducted on strictly business principles, and according to
+ the rules for the civil service which were recommended by the Civil
+ Service Commission in the Administration of General Grant. I want
+ you to be perfectly independent of mere influence from any quarter.
+ Neither my recommendation, nor that of Secretary Sherman, nor of
+ any member of Congress or other influential person must be specially
+ regarded. Let appointments and removals be made on business principles
+ and according to rules. There must be, I assume, a few places filled
+ by those you personally know to be trustworthy, but restrict the area
+ of patronage to the narrowest limits. Let no man be put out merely
+ because he is a friend to Mr. Arthur, and no man put in merely because
+ he is our friend. The good of the service should be the sole end in
+ view. The best means yet presented, it seems to me, are the rules
+ recommended by the Civil Service Commission. I shall issue no new
+ order on the subject at present. I am glad you approve of the message,
+ and I wish you to see that all that is expressed or implied in it is
+ faithfully carried out.
+</p>
+<p>
+ Again congratulating you, and assuring you of my entire confidence,
+ I remain, sincerely,
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<center>
+ Regulations to Prevent the Introduction of the "Plague" into the
+ United States.
+</center>
+<p class="r">
+TREASURY DEPARTMENT,<br>
+ OFFICE OF THE SURGEON-GENERAL,<br>
+ UNITED STATES MARINE HOSPITAL SERVICE,<br>
+<br>
+ <i>Washington, D.C., March 3, 1879.</i>
+</p>
+<p>
+<i>To Officers of the Customs Revenue, Medical Officers of the
+ Marine-Hospital Service, and others whom it may concern</i>:
+</p>
+<p>
+ The act approved April 29, 1878, entitled "An act to prevent the
+ introduction of contagious or infectious diseases into the United
+ States," provides that no vessel coming from any foreign port or
+ country where any contagious or infectious disease exists, nor any
+ vessel conveying infected merchandise, shall enter any port of the
+ United States or pass the boundary line between the United States and
+ any foreign country except in such manner as may be prescribed under
+ said act.
+</p>
+<p>
+ Attention has been called to the prevalence of a dangerous epidemic
+ disease in southern Russia known as the "plague," and its extremely
+ virulent and contagious character, as manifested in the late outbreak,
+ leaves no doubt that it is similar to, if not identical with, the
+ "plague" which devastated the Old World in past centuries. Because,
+ therefore, of the danger which attaches to rags, furs, etc., as
+ carriers of infection, the following regulations are framed, under
+ the direction of the Secretary of the Treasury, and subject to the
+ approval of the President, for the protection of the health of the
+ people of the United States against the danger referred to:
+</p>
+<p>
+ Until further orders no vessel from any port of the Black Sea or the
+ Sea of Azof, conveying any rags, furs, skins, hair, feathers, boxed
+ or baled clothing or bedding, or any similar articles liable to convey
+ infection, nor any vessel from any port of the Mediterranean or Red
+ seas having on board such articles coming from southern Russia, shall
+ enter any port of the United States until such articles shall have
+ been removed from the vessel to open lighters or to some isolated
+ locality and the vessel disinfected and thoroughly ventilated; and the
+ suspected articles shall be disinfected, either by chemical agents and
+ exposure to free currents of air or by burning, as shall be determined
+ in each case by the Surgeon-General of the Marine-Hospital Service.
+</p>
+<p>
+ The certificate of the State or municipal quarantine officer of health
+ may be accepted as satisfactory evidence of compliance with these
+ regulations on the part of the vessel.
+</p>
+<p class="r">
+JNO. M. WOODWORTH,<br>
+ <i>Surgeon-General United States Marine-Hospital Service.</i>
+</p>
+<p>
+ Approved:
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+CUSTOM-HOUSE, NEW YORK CITY,<br>
+ <i>Collector's Office, February 26, 1879.</i>
+</p>
+<p>
+Hon. JOHN SHERMAN,<br>
+ <i>Secretary of the Treasury.</i>
+</p>
+<p>
+ SIR: The President, by letter of 4th instant, having requested
+ that appointments and promotions in this office should be made in
+ accordance with the civil-service rules of 1872, and having also made
+ a similar request of the naval officer, it has been deemed best to
+ make, if practicable, the same rules applicable to all the offices
+ in this city included in the order of the Treasury Department dated
+ August 7, 1872.
+</p>
+<p>
+ With that view, and after several conferences, it has been agreed
+ by the assistant treasurer, naval officer, appraiser, surveyor, and
+ myself to submit the inclosed modifications of the rules of 1872, and
+ should they meet approval to put in operation forthwith the rules so
+ modified.
+</p>
+<p>
+ I am, very respectfully,
+</p>
+<p class="r">
+ E.A. MERRITT,<br> <i>Collector.</i>
+</p>
+<p>&nbsp;</p>
+
+<center>
+ [The modifications submitted with the above letter are omitted,
+ and instead are inserted the following regulations, based upon said
+ modifications, approved by the President March 6, 1879, and amended
+ with his approval in January, 1880.]
+</center>
+<p>&nbsp;</p>
+<center>
+ Regulations Governing Appointments and Promotions in the Customs
+ Service and Subtreasury in the City of New York.
+</center>
+<p>
+ I. Every application for appointment to a vacancy in the lowest grade
+ of any group in the offices of the collector and the surveyor of
+ customs, the naval officer, the appraiser, and the assistant treasurer
+ of the United States in the city of New York must be made in the
+ handwriting of the applicant to the head of the office in which
+ employment is desired. It must state: (1) The position to which the
+ applicant desires to be appointed;<a href="#note-29"><small>29</small></a> (2) place and date of birth;
+ (3) legal residence, and how long it has been such; (4) education; (5)
+ occupation, past and present; (6) whether ever employed in the civil
+ service, and, if so, when, how long, in what branch and capacity, and
+ reasons for leaving the service; (7) whether ever in the Regular or
+ Volunteer Army or Navy, and, if so, when and in what organization and
+ capacity; (8) applicant's name in full.
+</p>
+<p>
+ II. The applicant must certify to having composed and written the
+ application without assistance; to the truth of the statements which
+ it contains; to being a citizen of the United States, and faithful
+ to the Union and the Constitution; and, if ever in the Regular or
+ Volunteer Army or Navy, to having been honorably discharged.
+</p>
+<p>
+ III. Every application must be accompanied by a certificate, signed by
+ two trustworthy and responsible persons, well known in the community
+ in which they reside, that the applicant is personally well known to
+ them to be of good moral character and of temperate and industrious
+ habits, and to be faithful to the Union and the Constitution of the
+ United States.
+</p>
+<p>
+ IV. Every application must also be accompanied by the certificate of a
+ practicing physician as to the applicant's general health and physical
+ capacity to perform the duties of the position to which he desires to
+ be appointed: <i>Provided, however</i>, That no appointment will be made to
+ any position in active outdoor service unless a surgeon of the United
+ States Marine-Hospital Service shall certify that he has made a
+ physical examination of the applicant and found him fit for such
+ position. Such surgeon's examination may be postponed until required
+ by the nominating officer.
+</p>
+<p>
+ V. Applications filed previously to the adoption of these regulations
+ must be renewed or perfected in accordance therewith to entitle them
+ to consideration. No applications for appointment as day or night
+ inspectors in the custom-house from persons under 21 years of age,
+ or for other positions under these regulations from persons under 18
+ years of age, will be considered. In compliance with section 1031 of
+ the Treasury Regulations now in force, persons over 45 years of age
+ are not eligible to any group the lowest grade of which is confined
+ to persons receiving an annual salary of less than $1,800. This
+ prohibition, however, shall not be applied to those who have been
+ honorably discharged from the service and are otherwise qualified.
+</p>
+<p>
+ VI. All applications upon their receipt will be carefully examined
+ by the board of examiners, and those which do not conform in every
+ particular to the foregoing requirements, and such as show that the
+ applicants are manifestly not qualified for the duties of the position
+ desired, will be rejected and the applicants so notified. All other
+ applicants will be designated as eligible for examination, and will
+ be so notified. Inasmuch as applications are to be made in writing and
+ each case is to be decided upon its merits, personal importunity will
+ have no weight.
+</p>
+<p>
+ VII. Not less than five days prior to each examination a notification
+ to appear at a time and place to be stated will be mailed to the
+ eligible candidates, unless it shall be found impracticable to examine
+ all of them, in which case a practicable number will be selected under
+ the second regulation<a href="#note-30"><small>30</small></a> for the civil service promulgated April 16,
+ 1872, and notified to appear for examination. Those not selected for
+ examination will remain on the eligible list. If any person notified
+ to appear shall be unable to do so on account of sickness or other
+ causes, he must promptly advise the board of examiners, in person or
+ by mail, of his inability to attend, and his name will remain upon
+ the eligible list; but any person attending an examination will not be
+ allowed to subsequently plead sickness or other disabling causes as an
+ excuse for defects in examination.
+</p>
+<p>
+ VIII. All candidates for appointment to positions the annual salary
+ of which is $1,200 or more, who shall appear in accordance with such
+ notification, will be subjected to a competitive written examination
+ upon the following subjects:
+</p>
+<p>
+ (1) Copying from dictation; (2) arithmetic&mdash;fundamental rules,
+ fractions, proportion, percentage and interest, reduction; (3)
+ elements of accounts and bookkeeping; (4) geography, history, and
+ government&mdash;general questions, principally such as relate to the
+ United States; (5) elements of English grammar, chiefly orthography
+ and syntax; (6) writing and briefing letters; and (7) penmanship.
+</p>
+<p>
+ Candidates for appointment to positions the salary of which is
+ less than $1,200 will be examined in like manner upon the following
+ subjects: (1) Penmanship, (2) copying; (3) elements of English
+ grammar, chiefly orthography and syntax; and (4) fundamental rules of
+ arithmetic.
+</p>
+<p>
+ Proficiency in penmanship, orthography, and punctuation will be
+ determined principally by a review of the examination papers, and as
+ far as possible the examination in all the branches will be confined
+ to practical exercises.
+</p>
+<p>
+ In examinations for appointments to positions requiring special
+ or technical knowledge such additions may be made by the board of
+ examiners to the list of subjects as the nature of the case may
+ require.
+</p>
+<p>
+ For temporary employment to meet casual exigencies in the public
+ business, or for special services as experts, appointments may be made
+ without examination; but no such appointment shall be made for a term
+ exceeding three months, which may be specially extended for a similar
+ term only; and no such appointment shall be made to any regular or
+ permanent position.
+</p>
+<p>
+ IX. The various subjects of the examination may be subdivided, if
+ thought desirable, into classes, and to each subject or class a
+ relative weight, according to its importance in the examination, will
+ be assigned by each board of examiners. The mode of ascertaining the
+ result of the examination will be as follows: The degree of accuracy
+ with which each question shall be answered will first be marked by the
+ board on a scale of 100. The average of the marks given to the answers
+ to the questions in each subject or class will next be ascertained.
+ Each average will then be multiplied by the number indicating the
+ relative weight of the subject or class, and the sum of the products
+ will be divided by the sum of the relative weights. The quotient will
+ determine the candidate's standing in the examination. Relative weight
+ will be assigned not merely to the special qualifications of the
+ candidates, but to their general aptitude, as shown in the course of
+ examination. Candidates will be examined during office hours, and in
+ no case will their examination be continued more than one day.
+</p>
+<p>
+ X. The board of examiners will prepare a list of the persons examined
+ in the order of their excellence, as proved by such examination,
+ beginning with the highest, and will then certify to the head of the
+ office the names standing at the head of such list, not exceeding
+ three. When more than one appointment is to be made, the vacancies
+ will be numbered, and the first three names will be certified for
+ the first vacancy, the remaining two and the fourth for the second
+ vacancy, the remaining two and the fifth for the third vacancy, and so
+ on for the whole number of vacancies; but if, after selecting one
+ of any three certified for appointment, the head of the office shall
+ object to another presentation of either of the remaining names, it
+ shall not be again certified.
+</p>
+<p>
+ XI. The examination papers of any candidate who shall have passed a
+ minimum standard of 75 per cent, but who shall fail to be appointed,
+ will, if requested by the candidate, be brought into competition with
+ those candidates who shall compete for vacancies of the same class
+ and nature occurring within one year: <i>Provided, however</i>, That the
+ candidate shall not have been specially objected to by the head of
+ the office under the last preceding regulation. No candidate who upon
+ examination has been marked below the minimum will be allowed to again
+ compete within one year from the date of such examination, unless for
+ admission to a lower group.
+</p>
+<p>
+ XII. All examination papers will be filed, and will at all times be
+ open to the inspection of those interested, under such restrictions as
+ may be imposed by the head of the office.
+</p>
+<p>
+ XIII. There shall be one examining board for all appointments
+ and promotions under these rules in the offices of the collector,
+ surveyor, and naval officer, which shall consist of the surveyor and
+ one representative to be nominated each by the collector and the
+ naval officer, and three alternates, to be nominated one each by the
+ collector, the naval officer, and the surveyor: <i>Provided, however</i>,
+ That in examinations for positions in the surveyor's office the
+ surveyor's alternate shall act on such board. The examining boards in
+ the offices of the assistant treasurer and the appraiser shall consist
+ of three persons, with three alternates, to be nominated by the
+ assistant treasurer and the appraiser, respectively. All nominations
+ as members and alternates on the examining boards shall be submitted
+ to the Secretary of the Treasury for his approval. The heads of the
+ several offices shall constitute a board of revision and appeal,
+ which, upon appeal from any person examined or from any member of an
+ examining board, shall revise the decision of said board.
+</p>
+<p>
+ XIV. Whenever the head of an office shall notify the board of
+ examiners for such office that a vacancy which he desires to fill
+ exists in any grade above the lowest not excepted from the rules
+ and regulations for the civil service, the board will fix a time for
+ holding an examination for the purpose, and at least five days before
+ the same is to take place will cause a notice to be posted in a
+ conspicuous place in the office, stating the grade and group of the
+ vacancy, the date of the examination, and that the vacancy is to be
+ filled by a competitive examination of applicants from the next lower
+ grade, unless none in such lower grade be found qualified, when those
+ in the next lower grade may compete, or, if there be none in any of
+ the lower grades qualified, competition will be open to applicants. In
+ any examination for promotion, if the competitors from the next
+ lower grade shall not exceed three in number, the board may, at its
+ discretion, open the competition to the next lower grade or below, as
+ they may deem best; and furthermore, if such promotion would probably
+ occasion vacancies requiring other promotions, the board may combine
+ in one the necessary examinations for such promotions. No person who
+ has been examined in any grade for promotion and failed to receive
+ such promotion shall again be admitted to examination within six
+ months, but in the meantime his general average, as ascertained by
+ such examination, may be brought into competition, as provided in
+ Regulation XI.
+</p>
+<p>
+ XV. The examination will be held upon the general subjects fixed for
+ examinations for admission to the lowest grade of the group and upon
+ such other subjects as the general nature of the business of the
+ office and the special nature of the position to be filled may seem
+ to the board of examiners to require. Due weight will be given to the
+ efficiency with which the several candidates shall have previously
+ performed their duties in the office; but no one who shall fail to
+ pass a minimum standard of 75 per cent in the written examination will
+ be certified for appointment.
+</p>
+<p>
+ XVI. If no applicants from within the group shall be found competent,
+ an examination will be held of all who shall make application in
+ accordance with the regulations governing applications for admission
+ to the office, after due public notice by the head of the office. The
+ examination will be conducted in accordance with the provisions for
+ admission to the office, as required by the fourth rule<a href="#note-31"><small>31</small></a> for the
+ civil service promulgated December 19, 1871, but the nature of the
+ examination will be the same as in any previous examination for the
+ same vacancy.
+</p>
+<p>
+ XVII. The list of names from which the appointment is to be made will
+ be prepared and certified in the manner provided for admission to the
+ lowest grade.
+</p>
+<p>
+ XVIII. Persons employed in any of the offices to which these rules are
+ applicable may be transferred without examination from one office to
+ a grade no higher in another office, with, the consent of the heads
+ of the respective offices and the approval of the Secretary of the
+ Treasury.
+</p>
+<p>
+ XIX. Under the provisions of rule 2<a href="#note-32"><small>32</small></a> of August 5, 1873, and the
+ operation of these regulations, the power of suspension and of
+ recommendation for discharge from the service shall remain with the
+ nominating officer unrestricted. If, however, in his judgment it be
+ deemed advisable, he may direct any person in his department to be
+ cited before the regular examining board, and such board shall examine
+ into and report upon the qualifications, efficiency, and general
+ fitness for the position held, or for any position in the same or a
+ lower grade, of the person so cited to appear; and furthermore, any
+ person in the service engaged in active outdoor duties may be cited to
+ appear before a surgeon of the United States Marine-Hospital Service
+ and be examined by such surgeon as to the physical abilities of such
+ person to perform the duties of the position occupied or of a position
+ of less exposure, if otherwise qualified.
+</p>
+<p>
+ XX. The sessions of the examining boards shall not be open to the
+ public, but the board of revision and appeal may select such number
+ of prominent citizens as may be deemed advisable, who shall have
+ free access to the examining rooms, and who shall take no part in the
+ conduct of the examination, but may, by inspection and inquiry,
+ assure themselves regarding its thoroughness and impartiality, and may
+ publicly certify the results of their inspection.
+</p>
+<center>
+ [Seventh rule for the civil service under the Executive order
+ of April 16, 1872.<a href="#note-33"><small>33</small></a>]
+</center>
+<p>
+ 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.
+</p>
+<center>
+ [Fourth regulation for the civil service under the Executive
+ order of April 16, 1872<a href="#note-34"><small>34</small></a>]
+</center>
+<p>
+ 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, * * * may be
+ excepted from the operation of the rules.
+</p>
+<center>
+ [Ninth rule for the civil service under the Executive order of
+ April 16, 1872. <a href="#note-35"><small>35</small></a>]
+</center>
+<p>
+ 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.
+</p>
+<center>
+ [Seventh rule for the civil service under the Executive order
+ of August 5, 1873.<a href="#note-36"><small>36</small></a>]
+</center>
+<p>
+ 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 maybe appointed at discretion; but
+ this rule shall not apply to any appointment to a position grouped
+ below the grade of assistant teller.
+</p>
+<p>
+ The amendments of the New York custom-house rules seem proper.
+</p>
+<p class="r">
+ R.B.H.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ MARCH 6, 1879.
+</p>
+<p>
+General E.A. MERRITT,<br>
+ <i>Collector of Customs, New York</i>
+</p>
+<p>
+ SIR: Your letter of the 26th ultimo, inclosing a draft of modification
+ of the civil-service rules, was duly received, and the rules have been
+ considered and approved by the President. You may therefore act upon
+ them.
+</p>
+<p>
+ Very respectfully,
+</p>
+<p class="r">
+JOHN SHERMAN,<br>
+ <i>Secretary</i>.
+</p>
+<center>
+ RULES GOVERNING APPOINTMENT AND PROMOTION IN THE NEW YORK POST-OFFICE.
+</center>
+<p>
+ For the purpose of making it more certain that only persons of
+ good character and adequate capacity shall be selected from among
+ applicants too numerous for the postmaster to become informed of their
+ individual merits by personal investigation, the following rules are
+ established:
+</p>
+<p>
+ 1. Hereafter all applications for clerical appointment at this
+ post-office must be made in accordance with a prescribed form, a copy
+ of which will be furnished to each applicant.
+</p>
+<p>
+ 2. All appointments to clerical positions will be made to the lowest
+ grade, and no applications from persons under 16 or over 25 years of
+ age will be entertained.
+</p>
+<p>
+ 3. On receipt of an application for appointment, and before further
+ action is taken in regard to it, the applicant will be referred to the
+ medical officer for examination as to his physical condition, as
+ being adequate for the service; and if the report is unfavorable the
+ application will be rejected. Should the report be favorable, the
+ application will be filed and registered in its regular order.
+</p>
+<p>
+ 4. Every application must be accompanied by a certificate, signed by
+ not less than three nor more than five reputable citizens, stating
+ the time for which each has been acquainted with the applicant,
+ and testifying to his good character and reputation for integrity,
+ sobriety, and industry, and to the willingness of the signers to
+ furnish personally any further information they may possess concerning
+ the applicant, if so requested by the postmaster or the board of
+ examiners.
+</p>
+<p>
+ 5. Applications not properly filled out as herein required, or which
+ are found to contain false statements, or which in any other manner
+ show the unfitness of the applicant for employment in the post-office,
+ will be rejected and the applicant notified of such rejection.
+</p>
+<p>
+ 6. All examination papers, with the markings showing the relative
+ proficiency of the candidates, will be carefully preserved and filed.
+</p>
+<p>
+ 7. The names of candidates which have been on the register for
+ one year without being reached for examination will be regarded as
+ removed, and will not be selected for examination unless again
+ placed on the register by a new application, after which they will be
+ selected when reached in order.
+</p>
+<p>
+ 8. All applications duly received and filed shall, when reached in
+ order, be referred to a board of examiners, which is hereby appointed,
+ and which shall consist of the assistant postmaster, auditor, the
+ general superintendents of the fourth, fifth, and sixth divisions,
+ and the assistant general superintendent of the third division. The
+ postmaster's private secretary shall also act as secretary of said
+ board.
+</p>
+<p>
+ 9. When vacancies occur in the lowest grade, the board of examiners
+ shall notify such number of applicants, not less than twenty, of
+ those first on the register of applicants to appear for a competitive
+ examination.
+</p>
+<p>
+ 10. The questions to be asked and answered at such examinations shall
+ be such as will show the relative proficiency of the candidates,
+ first, in penmanship; second, in arithmetic; third, in geography;
+ fourth, in English grammar; fifth, in the history of the United States
+ and in matters of a public nature, to the extent that may be required
+ adequately to test general capacity or special fitness for the postal
+ service.
+</p>
+<p>
+ 11. The board shall present to the postmaster a list of the names of
+ the successful candidates in the order of their excellence, as shown
+ by the examination, beginning with the highest; and the appointments
+ will be made from the three highest names on the list.
+</p>
+<p>
+ 12. All further details in methods of examination will be left to
+ the discretion of the board, but subject to the instructions of the
+ postmaster, in conformity herewith.
+</p>
+<p>
+ 13. All vacancies that may occur in the higher grades of any
+ department shall be filled by promotion from the lower grades by means
+ of competitive examinations, to which shall be admitted as competitors
+ such persons only as are already employed in the division in which the
+ vacancy exists or in divisions having analogous duties. The questions
+ in these examinations shall be restricted mainly to matters pertaining
+ to the ordinary business of that department. The examinations shall be
+ conducted by the general superintendent of the division to which the
+ department is attached, assisted by such one or more other officers
+ of the same as the postmaster may select; and they shall report the
+ result to the postmaster in the manner provided in rule 11, and the
+ vacancy will be filled by the promotion of some one of the three
+ standing highest in the competition. But whenever the vacancy to be
+ filled by promotion is that of a position requiring the exercise of
+ administrative authority the board may add such questions as will test
+ the degree to which the candidates possess special qualifications for
+ such position.
+</p>
+<p>
+ 14. For positions as porters the examination will be confined to
+ questions intended to test the physical ability of the candidates and
+ their proficiency in reading, penmanship, and elementary arithmetic
+ only.
+</p>
+<p>
+ 15. The postmaster reserves from the operation of the above rules for
+ original Appointment and promotion positions of especial pecuniary
+ trust, as well as those involving confidential relations, as private
+ secretary, etc.
+</p>
+<p class="r">
+ THOMAS L. JAMES,<br> <i>Postmaster</i>.
+</p>
+<p>
+ Approved. Let these rules go into effect May 1, 1879.
+</p>
+<p class="r">
+ D.M. KEY,<br> <i>Postmaster-General.</i>
+</p>
+<p>
+ APRIL 3, 1879.
+</p>
+<p>
+ The foregoing rules are approved.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<center>
+ [From the Evening Star, Washington, D.C., May 28, 1879.]
+</center>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 28, 1879</i>.
+</p>
+<p>
+ SIR:<a href="#note-37"><small>37</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Friday, the 30th
+ instant, in remembrance of those who fell in defense of the nation,
+ and to enable the employees to participate in the commemorative
+ ceremonies of the day.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Private Secretary</i>.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+TREASURY DEPARTMENT,<br>
+ OFFICE OF THE SURGEON GENERAL,<br>
+ UNITED STATES MARINE-HOSPITAL SERVICE,<br>
+ <i>Washington, D.C., May 31, 1879</i>.
+</p>
+<p>
+ <i>To Medical Officers of the Marine-Hospital Service and others whom it
+ may concern:</i>
+</p>
+<p>
+ Official information having been received to the effect that the
+ "plague" which existed in southern Russia is now almost extinct, the
+ regulations issued March 3, 1879,<a href="#note-38"><small>38</small></a> imposing certain restrictions
+ upon the importation of rags, etc., into the United States, are hereby
+ revoked.
+</p>
+<p>
+ By order of the Secretary of the Treasury:
+</p>
+<p class="r">
+J.B. HAMILTON,<br>
+ <i>Surgeon-General United States Marine-Hospital Service</i>.
+</p>
+<p>
+ Approved:
+</p>
+<p class="r">
+R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, November 1, 1879</i>.
+</p>
+<p>
+ The sad intelligence of the death of Zachariah Chandler, late
+ Secretary of the Interior, and during so many years a Senator from the
+ State of Michigan, has been communicated to the Government and to the
+ country, and in proper respect to his memory I hereby order that the
+ several Executive Departments be closed to public business and their
+ flags and those of their dependencies throughout the country be
+ displayed at half-mast on the day of his funeral.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, November 17, 1879</i>.
+</p>
+<p>
+ DEAR SIR:<a href="#note-39"><small>39</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Wednesday, the 19th
+ instant, to enable the employees to participate in the ceremonies
+ attending the unveiling of the statue of the late General George H.
+ Thomas.
+</p>
+<p>
+ Very truly, yours,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Private Secretary</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ THIRD ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 1, 1879</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives:</i>
+</p>
+<p>
+ The members of the Forty-sixth Congress have assembled in their first
+ regular session under circumstances calling for mutual congratulation
+ and grateful acknowledgment to the Giver of All Good for the large and
+ unusual measure of national prosperity which we now enjoy.
+</p>
+<p>
+ The most interesting events which have occurred in our public affairs
+ since my last annual message to Congress are connected with the
+ financial operations of the Government, directly affecting the
+ business interests of the country. I congratulate Congress on the
+ successful execution of the resumption act. At the time fixed, and
+ in the manner contemplated by law, United States notes began to
+ be redeemed in coin. Since the 1st of January last they have been
+ promptly redeemed on presentation, and in all business transactions,
+ public and private, in all parts of the country, they are received and
+ paid out as the equivalent of coin. The demand upon the Treasury
+ for gold and silver in exchange for United States notes has been
+ comparatively small, and the voluntary deposit of coin and bullion
+ in exchange for notes has been very large. The excess of the precious
+ metals deposited or exchanged for United States notes over the amount
+ of United States notes redeemed is about $40,000,000.
+</p>
+<p>
+ The resumption of specie payments has been followed by a very great
+ revival of business. With a currency equivalent in value to the
+ money of the commercial world, we are enabled to enter upon an equal
+ competition with other nations in trade and production. The increasing
+ foreign demand for our manufactures and agricultural products has
+ caused a large balance of trade in our favor, which has been paid in
+ gold, from the 1st of July last to November 15, to the amount of about
+ $59,000,000. Since the resumption of specie payments there has also
+ been a marked and gratifying improvement of the public credit. The
+ bonds of the Government bearing only 4 per cent interest have been
+ sold at or above par, sufficient in amount to pay off all of the
+ national debt which was redeemable under present laws. The amount of
+ interest saved annually by the process of refunding the debt since
+ March 1, 1877, is $14,297,177. The bonds sold were largely in small
+ sums, and the number of our citizens now holding the public securities
+ is much greater than ever before. The amount of the national debt
+ which matures within less than two years is $792,121,700, of which
+ $500,000,000 bear interest at the rate of 5 per cent, and the balance
+ is in bonds bearing 6 per cent interest. It is believed that this part
+ of the public debt can be refunded by the issue of 4 per cent bonds,
+ and, by the reduction of interest which will thus be effected, about
+ $11,000,000 can be annually saved to the Treasury. To secure this
+ important reduction of interest to be paid by the United States
+ further legislation is required, which it is hoped will be provided by
+ Congress during its present session.
+</p>
+<p>
+ The coinage of gold by the mints of the United States during the last
+ fiscal year was $40,986,912. The coinage of silver dollars since
+ the passage of the act for that purpose up to November 1, 1879, was
+ $45,000,850, of which $12,700,344 have been issued from the Treasury
+ and are now in circulation, and $32,300,506 are still in the
+ possession of the Government.
+</p>
+<p>
+ The pendency of the proposition for unity of action between the United
+ States and the principal commercial nations of Europe to effect a
+ permanent system for the equality of gold and silver in the recognized
+ money of the world leads me to recommend that Congress refrain from
+ new legislation on the general subject. The great revival of trade,
+ internal and foreign, will supply during the coming year its own
+ instructions, which may well be awaited before attempting further
+ experimental measures with the coinage. I would, however, strongly
+ urge upon Congress the importance of authorizing the Secretary of the
+ Treasury to suspend the coinage of silver dollars upon the present
+ legal ratio. The market value of the silver dollar being uniformly and
+ largely less than the market value of the gold dollar, it is obviously
+ impracticable to maintain them at par with each other if both are
+ coined without limit. If the cheaper coin is forced into circulation,
+ it will, if coined without limit, soon become the sole standard of
+ value, and thus defeat the desired object, which is a currency of both
+ gold and silver which shall be of equivalent value, dollar for dollar,
+ with the universally recognized money of the world.
+</p>
+<p>
+ The retirement from circulation of United States notes with the
+ capacity of legal tender in private contracts is a step to be taken
+ in our progress toward a safe and stable currency which should be
+ accepted as the policy and duty of the Government and the interest
+ and security of the people. It is my firm conviction that the issue of
+ legal-tender paper money based wholly upon the authority and credit of
+ the Government, except in extreme emergency, is without warrant in the
+ Constitution and a violation of sound financial principles. The issue
+ of United States notes during the late civil war with the capacity of
+ legal tender between private individuals was not authorized except as
+ a means of rescuing the country from imminent peril. The circulation
+ of these notes as paper money for any protracted period of time after
+ the accomplishment of this purpose was not contemplated by the
+ framers of the law under which they were issued. They anticipated the
+ redemption and withdrawal of these notes at the earliest practicable
+ period consistent with the attainment of the object for which they
+ were provided.
+</p>
+<p>
+ The policy of the United States, steadily adhered to from the adoption
+ of the Constitution, has been to avoid the creation of a national
+ debt; and when, from necessity in time of war, debts have been
+ created, they have been paid off, on the return of peace, as rapidly
+ as possible. With this view, and for this purpose, it is recommended
+ that the existing laws for the accumulation of a sinking fund
+ sufficient to extinguish the public debt within a limited period
+ be maintained. If any change of the objects or rates of taxation is
+ deemed necessary by Congress, it is suggested that experience has
+ shown that a duty can be placed on tea and coffee which will not
+ enhance the price of those articles to the consumer, and which will
+ add several millions of dollars annually to the Treasury.
+</p>
+<p>
+ The continued deliberate violation by a large number of the prominent
+ and influential citizens of the Territory of Utah of the laws of the
+ United States for the prosecution and punishment of polygamy demands
+ the attention of every department of the Government. This Territory
+ has a population sufficient to entitle it to admission as a State,
+ and the general interests of the nation, as well as the welfare of the
+ citizens of the Territory, require its advance from the Territorial
+ form of government to the responsibilities and privileges of a State.
+ This important change will not, however, be approved by the country
+ while the citizens of Utah in very considerable number uphold a
+ practice which is condemned as a crime by the laws of all civilized
+ communities throughout the world.
+</p>
+<p>
+ The law for the suppression of this offense was enacted with great
+ unanimity by Congress more than seventeen years ago, but has remained
+ until recently a dead letter in the Territory of Utah, because of the
+ peculiar difficulties attending its enforcement. The opinion widely
+ prevailed among the citizens of Utah that the law was in contravention
+ of the constitutional guaranty of religious freedom. This objection
+ is now removed. The Supreme Court of the United States has decided the
+ law to be within the legislative power of Congress and binding as a
+ rule of action for all who reside within the Territories. There is
+ no longer any reason for delay or hesitation in its enforcement.
+ It should be firmly and effectively executed. If not sufficiently
+ stringent in its provisions, it should be amended; and in aid of the
+ purpose in view I recommend that more comprehensive and more searching
+ methods for preventing as well as punishing this crime be provided. If
+ necessary to secure obedience to the law, the enjoyment and exercise
+ of the rights and privileges of citizenship in the Territories of the
+ United States may be withheld or withdrawn from those who violate or
+ oppose the enforcement of the law on this subject.
+</p>
+<p>
+ The elections of the past year, though occupied only with State
+ officers, have not failed to elicit in the political discussions which
+ attended them all over the country new and decisive evidence of the
+ deep interest which the great body of citizens take in the progress
+ of the country toward a more general and complete establishment, at
+ whatever cost, of universal security and freedom in the exercise of
+ the elective franchise. While many topics of political concern demand
+ great attention from our people, both in the sphere of national and
+ State authority, I find no reason to qualify the opinion I expressed
+ in my last annual message, that no temporary or administrative
+ interests of government, however urgent or weighty, will ever
+ displace the zeal of our people in defense of the primary rights of
+ citizenship, and that the power of public opinion will override all
+ political prejudices, and all sectional and State attachments in
+ demanding that all over our wide territory the name and character of
+ citizen of the United States shall mean one and the same thing and
+ carry with them unchallenged security and respect. I earnestly appeal
+ to the intelligence and patriotism of all good citizens of every part
+ of the country, however much they may be divided in opinions on other
+ political subjects, to unite in compelling obedience to existing laws
+ aimed at the protection of the right of suffrage. I respectfully urge
+ upon Congress to supply any defects in these laws which experience has
+ shown and which it is within its power to remedy. I again invoke the
+ cooperation of the executive and legislative authorities of the States
+ in this great purpose. I am fully convinced that if the public mind
+ can be set at rest on this paramount question of popular rights no
+ serious obstacle will thwart or delay the complete pacification of the
+ country or retard the general diffusion of prosperity.
+</p>
+<p>
+ In a former message I invited the attention of Congress to the
+ subject of the reformation of the civil service of the Government,
+ and expressed the intention of transmitting to Congress as early as
+ practicable a report upon this subject by the chairman of the Civil
+ Service Commission.
+</p>
+<p>
+ In view of the facts that during a considerable period the Government
+ of Great Britain has been dealing with administrative problems and
+ abuses in various particulars analogous to those presented in this
+ country, and that in recent years the measures adopted were understood
+ to have been effective and in every respect highly satisfactory, I
+ thought it desirable to have fuller information upon the subject, and
+ accordingly requested the chairman of the Civil Service Commission to
+ make a thorough investigation for this purpose. The result has been an
+ elaborate and comprehensive report.
+</p>
+<p>
+ The report sets forth the history of the partisan spoils system
+ in Great Britain, and of the rise and fall of the parliamentary
+ patronage, and of official interference with the freedom of elections.
+ It shows that after long trials of various kinds of examinations those
+ which are competitive and open on equal terms to all, and which are
+ carried on under the superintendence of a single commission, have,
+ with great advantage, been established as conditions of admission to
+ almost every official place in the subordinate administration of that
+ country and of British India. The completion of the report, owing to
+ the extent of the labor involved in its preparation and the omission
+ of Congress to make any provision either for the compensation or the
+ expenses of the Commission, has been postponed until the present time.
+ It is herewith transmitted to Congress.
+</p>
+<p>
+ While the reform measures of another government are of no authority
+ for us, they are entitled to influence to the extent to which their
+ intrinsic wisdom and their adaptation to our institutions and
+ social life may commend them to our consideration. The views I have
+ heretofore expressed concerning the defects and abuses in our civil
+ administration remain unchanged, except in so far as an enlarged
+ experience has deepened my sense of the duty both of officers and of
+ the people themselves to cooperate for their removal. The grave evils
+ and perils of a partisan spoils system of appointment to office and of
+ office tenure are now generally recognized. In the resolutions of
+ the great parties, in the reports of Departments, in the debates and
+ proceedings of Congress, in the messages of Executives, the gravity of
+ these evils has been pointed out and the need of their reform has been
+ admitted.
+</p>
+<p>
+ To command the necessary support, every measure of reform must be
+ based on common right and justice, and must be compatible with the
+ healthy existence of great parties, which are inevitable and essential
+ in a free state.
+</p>
+<p>
+ When the people have approved a policy at a national election,
+ confidence on the part of the officers they have selected and of the
+ advisers who, in accordance with our political institutions, should be
+ consulted in the policy which it is their duty to carry into effect
+ is indispensable. It is eminently proper that they should explain it
+ before the people, as well as illustrate its spirit in the performance
+ of their official duties.
+</p>
+<p>
+ Very different considerations apply to the greater number of those who
+ fill the subordinate places in the civil service. Their responsibility
+ is to their superiors in official position. It is their duty to obey
+ the legal instructions of those upon whom that authority is devolved,
+ and their best public service consists in the discharge of their
+ functions irrespective of partisan politics. Their duties are the
+ same whatever party is in power and whatever policy prevails. As a
+ consequence it follows that their tenure of office should not depend
+ on the prevalence of any policy or the supremacy of any party, but
+ should be determined by their capacity to serve the people most
+ usefully quite irrespective of partisan interests. The same
+ considerations that should govern the tenure should also prevail in
+ the appointment, discipline, and removal of these subordinates. The
+ authority of appointment and removal is not a perquisite, which may
+ be used to aid a friend or reward a partisan, but is a trust, to be
+ exercised in the public interest under all the sanctions which attend
+ the obligation to apply the public funds only for public purposes.
+</p>
+<p>
+ Every citizen has an equal right to the honor and profit of
+ entering the public service of his country. The only just ground of
+ discrimination is the measure of character and capacity he has to make
+ that service most useful to the people. Except in cases where,
+ upon just and recognized principles&mdash;as upon the theory of
+ pensions&mdash;offices and promotions are bestowed as rewards for past
+ services, their bestowal upon any theory which disregards personal
+ merit is an act of injustice to the citizen, as well as a breach of
+ that trust subject to which the appointing power is held.
+</p>
+<p>
+ In the light of these principles it becomes of great importance to
+ provide just and adequate means, especially for every Department and
+ large administrative office, where personal discrimination on the part
+ of its head is not practicable, for ascertaining those qualifications
+ to which appointments and removals should have reference. To fail to
+ provide such means is not only to deny the opportunity of ascertaining
+ the facts upon which the most righteous claim to office depends,
+ but of necessity to discourage all worthy aspirants by handing over
+ appointments and removals to mere influence and favoritism. If it is
+ the right of the worthiest claimant to gain the appointment and the
+ interest of the people to bestow it upon him, it would seem clear that
+ a wise and just method of ascertaining personal fitness for office
+ must be an important and permanent function of every just and wise
+ government. It has long since become impossible in the great offices
+ for those having the duty of nomination and appointment to personally
+ examine into the individual qualifications of more than a small
+ proportion of those seeking office, and with the enlargement of the
+ civil service that proportion must continue to become less.
+</p>
+<p>
+ In the earlier years of the Government the subordinate offices were so
+ few in number that it was quite easy for those making appointments
+ and promotions to personally ascertain the merits of candidates.
+ Party managers and methods had not then become powerful agencies of
+ coercion, hostile to the free and just exercise of the appointing
+ power.
+</p>
+<p>
+ A large and responsible part of the duty of restoring the civil
+ service to the desired purity and efficiency rests upon the President,
+ and it is my purpose to do what is within my power to advance such
+ prudent and gradual measures of reform as will most surely and rapidly
+ bring about that radical change of system essential to make our
+ administrative methods satisfactory to a free and intelligent people.
+ By a proper exercise of authority it is in the power of the Executive
+ to do much to promote such a reform. But it can not be too clearly
+ understood that nothing adequate can be accomplished without
+ cooperation on the part of Congress and considerate and intelligent
+ support among the people. Reforms which challenge the generally
+ accepted theories of parties and demand changes in the methods of
+ Departments are not the work of a day. Their permanent foundations
+ must be laid in sound principles and in an experience which
+ demonstrates their wisdom and exposes the errors of their adversaries.
+ Every worthy officer desires to make his official action a gain and an
+ honor to his country; but the people themselves, far more than their
+ officers in public station, are interested in a pure, economical, and
+ vigorous administration.
+</p>
+<p>
+ By laws enacted in 1853 and 1855, and now in substance incorporated
+ in the Revised Statutes, the practice of arbitrary appointments to the
+ several subordinate grades in the great Departments was condemned, and
+ examinations as to capacity, to be conducted by departmental boards of
+ examiners, were provided for and made conditions of admission to
+ the public service. These statutes are a decision by Congress that
+ examinations of some sort as to attainments and capacity are essential
+ to the well-being of the public service. The important questions since
+ the enactment of these laws have been as to the character of these
+ examinations, and whether official favor and partisan influence or
+ common right and merit were to control the access to the examinations.
+ In practice these examinations have not always been open to worthy
+ persons generally who might wish to be examined. Official favoritism
+ and partisan influence, as a rule, appear to have designated those
+ who alone were permitted to go before the examining boards, subjecting
+ even the examiners to a pressure from the friends of the candidates
+ very difficult to resist. As a consequence the standard of admission
+ fell below that which the public interest demanded. It was also almost
+ inevitable that a system which provided for various separate boards of
+ examiners, with no common supervision or uniform method of procedure,
+ should result in confusion, inconsistency, and inadequate tests of
+ capacity, highly detrimental to the public interest. A further and
+ more radical change was obviously required.
+</p>
+<p>
+ In the annual message of December, 1870, my predecessor declared
+ that&mdash;
+</p>
+<p class="q">
+ 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.
+</p>
+<p>
+ Congress accordingly passed the act approved March 3, 1871, "to
+ regulate the civil service of the United States and promote the
+ efficiency thereof," giving the necessary authority to the Executive
+ to inaugurate a civil-service reform.
+</p>
+<p>
+ Acting under this statute, which was interpreted as intended to secure
+ a system of just and effectual examinations under uniform supervision,
+ a number of eminently competent persons were selected for the purpose,
+ who entered with zeal upon the discharge of their duties, prepared
+ with an intelligent appreciation of the requirements of the service
+ the regulations contemplated, and took charge of the examinations, and
+ who in their capacity as a board have been known as the "Civil Service
+ Commission." Congress for two years appropriated the money needed for
+ the compensation and for the expense of carrying on the work of the
+ Commission.
+</p>
+<p>
+ It appears from the report of the Commission submitted to the
+ President in April, 1874, that examinations had been held in various
+ sections of the country, and that an appropriation of about $25,000
+ would be required to meet the annual expenses, including salaries,
+ involved in discharging the duties of the Commission. The report was
+ transmitted to Congress by special message of April 18, 1874, with the
+ following favorable comment upon the labors of the Commission:
+</p>
+<p class="q">
+ 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 hitherto 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.
+</p>
+<p>
+ And in the annual message of December of the same year similar views
+ are expressed and an appropriation for continuing the work of the
+ Commission again advised.
+</p>
+<p>
+ The appropriation was not made, and as a consequence the active work
+ of the Commission was suspended, leaving the Commission itself still
+ in existence. Without the means, therefore, of causing qualifications
+ to be tested in any systematic manner or of securing for the public
+ service the advantages of competition upon any extensive plan, I
+ recommended in my annual message of December, 1877, the making of an
+ appropriation for the resumption of the work of the Commission.
+</p>
+<p>
+ In the meantime, however, competitive examinations, under many
+ embarrassments, have been conducted within limited spheres in
+ the Executive Departments in Washington and in a number of the
+ custom-houses and post-offices of the principal cities of the country,
+ with a view to further test their effects, and in every instance they
+ have been found to be as salutary as they are stated to have been
+ under the Administration of my predecessor. I think the economy,
+ purity, and efficiency of the public service would be greatly promoted
+ by their systematic introduction, wherever practicable, throughout the
+ entire civil service of the Government, together with ample provision
+ for their general supervision in order to secure consistency and
+ uniform justice.
+</p>
+<p>
+ Reports from the Secretary of the Interior, from the
+ Postmaster-General, from the postmaster in the city of New York, where
+ such examinations have been some time on trial, and also from the
+ collector of the port, the naval officer, and the surveyor in that
+ city, and from the postmasters and collectors in several of the other
+ large cities, show that the competitive system, where applied, has in
+ various ways contributed to improve the public service.
+</p>
+<p>
+ The reports show that the results have been salutary in a marked
+ degree, and that the general application of similar rules can not fail
+ to be of decided benefit to the service.
+</p>
+<p>
+ The reports of the Government officers, in the city of New York
+ especially, bear decided testimony to the utility of open competitive
+ examinations in their respective offices, showing that&mdash;
+</p>
+<p class="q">
+ These examinations and the excellent qualifications of
+ those admitted to the service through them have had a marked
+ incidental effect upon the persons previously in the service,
+ and particularly upon those aspiring to promotion. There has
+ been on the part of these latter an increased interest in the
+ work and a desire to extend acquaintance with it beyond the
+ particular desk occupied, and thus the morale of the entire
+ force has been raised. * * * The examinations have been
+ attended by many citizens, who have had an opportunity to
+ thoroughly investigate the scope and character of the tests
+ and the method of determining the results, and those visitors
+ have without exception approved the methods employed, and
+ several of them have publicly attested their favorable
+ opinion.
+</p>
+<p>
+ Upon such considerations I deem it my duty to renew the recommendation
+ contained in my annual message of December, 1877, requesting Congress
+ to make the necessary appropriation for the resumption of the work of
+ the Civil Service Commission. Economy will be promoted by authorizing
+ a moderate compensation to persons in the public service who may
+ perform extra labor upon or under the Commission, as the Executive may
+ direct.
+</p>
+<p>
+ I am convinced that if a just and adequate test of merit is enforced
+ for admission to the public service and in making promotions such
+ abuses as removals without good cause and partisan and official
+ interference with the proper exercise of the appointing power will in
+ large measure disappear.
+</p>
+<p>
+ There are other administrative abuses to which the attention
+ of Congress should be asked in this connection. Mere partisan
+ appointments and the constant peril of removal without cause very
+ naturally lead to an absorbing and mischievous political activity on
+ the part of those thus appointed, which not only interferes with the
+ due discharge of official duty, but is incompatible with the freedom
+ of elections. Not without warrant in the views of several of my
+ predecessors in the Presidential office, and directly within the law
+ of 1871, already cited, I endeavored, by regulation made on the 22d
+ day of June, 1877, to put some reasonable limits to such abuses. It
+ may not be easy, and it may never perhaps be necessary, to define with
+ precision the proper limit of political action on the part of Federal
+ officers. But while their right to hold and freely express their
+ opinions can not be questioned, it is very plain that they should
+ neither be allowed to devote to other subjects the time needed for the
+ proper discharge of their official duties nor to use the authority of
+ their office to enforce their own opinions or to coerce the political
+ action of those who hold different opinions.
+</p>
+<p>
+ Reasons of justice and public policy quite analogous to those which
+ forbid the use of official power for the oppression of the private
+ citizen impose upon the Government the duty of protecting its officers
+ and agents from arbitrary exactions. In whatever aspect considered,
+ the practice of making levies for party purposes upon the salaries
+ of officers is highly demoralizing to the public service and
+ discreditable to the country. Though an officer should be as free as
+ any other citizen to give his own money in aid of his opinions or his
+ party, he should also be as free as any other citizen to refuse to
+ make such gifts. If salaries are but a fair compensation for the time
+ and labor of the officer, it is gross injustice to levy a tax upon
+ them. If they are made excessive in order that they may bear the tax,
+ the excess is an indirect robbery of the public funds.
+</p>
+<p>
+ I recommend, therefore, such a revision and extension of present
+ statutes as shall secure to those in every grade of official life or
+ public employment the protection with which a great and enlightened
+ nation should guard those who are faithful in its service.
+</p>
+<p>
+ Our relations with foreign countries have continued peaceful.
+</p>
+<p>
+ With Great Britain there are still unsettled questions, growing out of
+ the local laws of the maritime provinces and the action of provincial
+ authorities deemed to be in derogation of rights secured by treaty
+ to American fishermen. The United States minister in London has been
+ instructed to present a demand for $105,305.02 in view of the damages
+ received by American citizens at Fortune Bay on the 6th day of
+ January, 1878. The subject has been taken into consideration by the
+ British Government, and an early reply is anticipated.
+</p>
+<p>
+ Upon the completion of the necessary preliminary examinations the
+ subject of our participation in the provincial fisheries, as regulated
+ by treaty, will at once be brought to the attention of the British
+ Government, with a view to an early and permanent settlement of the
+ whole question, which was only temporarily adjusted by the treaty of
+ Washington.
+</p>
+<p>
+ Efforts have been made to obtain the removal of restrictions found
+ injurious to the exportation of cattle to the United Kingdom.
+</p>
+<p>
+ Some correspondence has also occurred with regard to the rescue and
+ saving of life and property upon the Lakes, which has resulted in
+ important modifications of the previous regulations of the Dominion
+ government on the subject in the interest of humanity and commerce.
+</p>
+<p>
+ In accordance with the joint resolution of the last session of
+ Congress, commissioners were appointed to represent the United States
+ at the two international exhibitions in Australia, one of which is
+ now in progress at Sydney, and the other to be held next year
+ at Melbourne. A desire has been expressed by our merchants and
+ manufacturers interested in the important and growing trade with
+ Australia that an increased provision should be made by Congress for
+ the representation of our industries at the Melbourne exhibition of
+ next year, and the subject is respectfully submitted to your favorable
+ consideration.
+</p>
+<p>
+ The assent of the Government has been given to the landing on the
+ coast of Massachusetts of a new and independent transatlantic cable
+ between France, by way of the French island of St. Pierre, and this
+ country, subject to any future legislation of Congress on the subject.
+ The conditions imposed before allowing this connection with our shores
+ to be established are such as to secure its competition with any
+ existing or future lines of marine cable and preclude amalgamation
+ therewith, to provide for entire equality of rights to our Government
+ and people with those of France in the use of the cable, and prevent
+ any exclusive possession of the privilege as accorded by France to the
+ disadvantage of any future cable communication between France and the
+ United States which may be projected and accomplished by our citizens.
+ An important reduction of the present rates of cable communication
+ with Europe, felt to be too burdensome to the interests of our
+ commerce, must necessarily flow from the establishment of this
+ competing line.
+</p>
+<p>
+ The attention of Congress was drawn to the propriety of some general
+ regulation by Congress of the whole subject of transmarine cables by
+ my predecessor in his message of December 7, 1875, and I respectfully
+ submit to your consideration the importance of Congressional action in
+ the matter.
+</p>
+<p>
+ The questions of grave importance with Spain growing out of the
+ incidents of the Cuban insurrection have been for the most part
+ happily and honorably settled. It may reasonably be anticipated that
+ the commission now sitting in Washington for the decision of private
+ cases in this connection will soon be able to bring its labors to a
+ conclusion.
+</p>
+<p>
+ The long-standing question of East Florida claims has lately been
+ renewed as a subject of correspondence, and may possibly require
+ Congressional action for its final disposition.
+</p>
+<p>
+ A treaty with the Netherlands with respect to consular rights and
+ privileges similar to those with other powers has been signed and
+ ratified, and the ratifications were exchanged on the 31st of July
+ last. Negotiations for extradition treaties with the Netherlands and
+ with Denmark are now in progress.
+</p>
+<p>
+ Some questions with Switzerland in regard to pauper and convict
+ emigrants have arisen, but it is not doubted that they will be
+ arranged upon a just and satisfactory basis. A question has also
+ occurred with respect to an asserted claim by Swiss municipal
+ authorities to exercise tutelage over persons and property of Swiss
+ citizens naturalized in this country. It is possible this may require
+ adjustment by treaty.
+</p>
+<p>
+ With the German Empire frequent questions arise in connection with
+ the subjects of naturalization and expatriation, but the Imperial
+ Government has constantly manifested a desire to strictly maintain and
+ comply with all treaty stipulations in regard to them.
+</p>
+<p>
+ In consequence of the omission of Congress to provide for a diplomatic
+ representative at Athens, the legation to Greece has been withdrawn.
+ There is now no channel of diplomatic communication between the two
+ countries, and the expediency of providing for one in some form is
+ submitted to Congress.
+</p>
+<p>
+ Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium
+ continue amicable, and marked by no incident of especial importance.
+</p>
+<p>
+ A change of the personal head of the Government of Egypt has taken
+ place. No change, however, has occurred in the relations between
+ Egypt and the United States. The action of the Egyptian Government in
+ presenting to the city of New York one of the ancient obelisks, which
+ possess such historic interest, is highly appreciated as a generous
+ mark of international regard. If prosperity should attend the
+ enterprise of its transportation across the Atlantic, its erection in
+ a conspicuous position in the chief commercial city of the nation will
+ soon be accomplished.
+</p>
+<p>
+ The treaty recently made between Japan and the United States in regard
+ to the revision of former commercial treaties it is now believed will
+ be followed by similar action on the part of other treaty powers. The
+ attention of Congress is again invited to the subject of the indemnity
+ funds received some years since from Japan and China, which, with
+ their accumulated interest, now amount to considerable sums. If any
+ part of these funds is justly due to American citizens, they should
+ receive it promptly; and whatever may have been received by this
+ Government in excess of strictly just demands should in some form be
+ returned to the nations to whom it equitably belongs.
+</p>
+<p>
+ The Government of China has signified its willingness to consider the
+ question of the emigration of its subjects to the United States with
+ a dispassionate fairness and to cooperate in such measures as may
+ tend to prevent injurious consequences to the United States. The
+ negotiations are still proceeding, and will be pressed with diligence.
+</p>
+<p>
+ A question having arisen between China and Japan about the Lew Chew
+ Islands, the United States Government has taken measures to inform
+ those powers of its readiness to extend its good offices for the
+ maintenance of peace if they shall mutually deem it desirable and find
+ it practicable to avail themselves of the proffer.
+</p>
+<p>
+ It is a gratification to be able to announce that, through the
+ judicious and energetic action of the military commanders of the two
+ nations on each side of the Rio Grande, under the instructions of
+ their respective Governments, raids and depredations have greatly
+ decreased, and in the localities where formerly most destructive
+ have now almost wholly ceased. In view of this result, I entertain a
+ confident expectation that the prevalence of quiet on the border will
+ soon become so assured as to justify a modification of the present
+ orders to our military commanders as to crossing the border, without
+ encouraging such disturbances as would endanger the peace of the two
+ countries.
+</p>
+<p>
+ The third installment of the award against Mexico under the claims
+ commission of July 4, 1868, was duly paid, and has been put in course
+ of distribution in pursuance of the act of Congress providing for the
+ same. This satisfactory situation between the two countries leads me
+ to anticipate an expansion of our trade with Mexico and an increased
+ contribution of capital and industry by our people to the development
+ of the great resources of that country. I earnestly commend to the
+ wisdom of Congress the provision of suitable legislation looking to
+ this result.
+</p>
+<p>
+ Diplomatic intercourse with Colombia is again fully restored by the
+ arrival of a minister from that country to the United States. This
+ is especially fortunate in view of the fact that the question of an
+ interoceanic canal has recently assumed a new and important aspect and
+ is now under discussion with the Central American countries through
+ whose territory the canal, by the Nicaragua route, would have to pass.
+ It is trusted that enlightened statesmanship on their part will see
+ that the early prosecution of such a work will largely inure to
+ the benefit, not only of their own citizens and those of the United
+ States, but of the commerce of the civilized world. It is not doubted
+ that should the work be undertaken under the protective auspices of
+ the United States, and upon satisfactory concessions for the right of
+ way and its security by the Central American Governments, the capital
+ for its completion would be readily furnished from this country and
+ Europe, which might, failing such guaranties, prove inaccessible.
+</p>
+<p>
+ Diplomatic relations with Chile have also been strengthened by the
+ reception of a minister from that country.
+</p>
+<p>
+ The war between Peru, Bolivia, and Chile still continues. The United
+ States have not deemed it proper to interpose in the matter further
+ than to convey to all the Governments concerned the assurance that
+ the friendly offices of the Government of the United States for the
+ restoration of peace upon an honorable basis will be extended in case
+ the belligerents shall exhibit a readiness to accept them.
+</p>
+<p>
+ Cordial relations continue with Brazil and the Argentine Republic, and
+ trade with those countries is improving. A provision for regular and
+ more frequent mail communication, in our own ships, between the
+ ports of this country and the nations of South America seems to me
+ to deserve the attention of Congress as an essential precursor of an
+ enlargement of our commerce with them and an extension of our carrying
+ trade.
+</p>
+<p>
+ A recent revolution in Venezuela has been followed by the
+ establishment of a provisional government. This government has not
+ yet been formally recognized, and it is deemed desirable to await
+ the proposed action of the people which is expected to give it the
+ sanction of constitutional forms.
+</p>
+<p>
+ A naval vessel has been sent to the Samoan Islands to make surveys and
+ take possession of the privileges ceded to the United States by Samoa
+ in the harbor of Pago-Pago. A coaling station is to be established
+ there, which will be convenient and useful to United States vessels.
+</p>
+<p>
+ The subject of opening diplomatic relations with Roumania and
+ Servia, now become independent sovereignties, is at present under
+ consideration, and is the subject of diplomatic correspondence.
+</p>
+<p>
+ There is a gratifying increase of trade with nearly all European and
+ American countries, and it is believed that with judicious action in
+ regard to its development it can and will be still more enhanced and
+ that American products and manufactures will find new and expanding
+ markets. The reports of diplomatic and consular officers upon this
+ subject, under the system now adopted, have resulted in obtaining
+ much valuable information, which has been and will continue to be laid
+ before Congress and the public from time to time.
+</p>
+<p>
+ The third article of the treaty with Russia of March 30, 1867,
+ by which Alaska was ceded to the United States, provides that
+ the inhabitants of the ceded territory, with the exception of the
+ uncivilized native tribes, shall be admitted to the enjoyment of all
+ the rights of citizens of the United States and shall be maintained
+ and protected in the free enjoyment of their liberty, property,
+ and religion. The uncivilized tribes are subject to such laws and
+ regulations as the United States may from time to time adopt in regard
+ to the aboriginal tribes of that country.
+</p>
+<p>
+ Both the obligations of this treaty and the necessities of the people
+ require that some organized form of government over the Territory of
+ Alaska be adopted.
+</p>
+<p>
+ There appears to be no law for the arrest of persons charged with
+ common-law offenses, such as assault, robbery, and murder, and no
+ magistrate authorized to issue or execute process in such cases.
+ Serious difficulties have already arisen from offenses of this
+ character, not only among the original inhabitants, but among citizens
+ of the United States and other countries who have engaged in mining,
+ fishing, and other business operations within the territory. A bill
+ authorizing the appointment of justices of the peace and constables
+ and the arrest and detention of persons charged with criminal
+ offenses, and providing for an appeal to United States courts for
+ the district of Oregon in suitable cases, will at a proper time be
+ submitted to Congress.
+</p>
+<p>
+ The attention of Congress is called to the annual report of the
+ Secretary of the Treasury on the condition of the public finances.
+</p>
+<p>
+ The ordinary revenues from all sources for the fiscal year ended June
+ 30, 1879, were $273,827,184.46; the ordinary expenditures for the same
+ period were $266,947,883.53, leaving a surplus revenue for the year of
+ $6,879,300.93.
+</p>
+<p>
+ The receipts for the present fiscal year, ending June 30, 1880, actual
+ and estimated, are as follows: Actual receipts for the first quarter,
+ commencing July 1, 1879, $79,843,663.61; estimated receipts for the
+ remaining three quarters of the year, $208,156,336.39; total receipts
+ for the current fiscal year, actual and estimated, $288,000,000.
+</p>
+<p>
+ The expenditures for the same period will be, actual and estimated, as
+ follows: For the quarter commencing July 1, 1879, actual expenditures,
+ $91,683,385.10; and for the remaining three quarters of the year
+ the expenditures are estimated at $172,316,614.90, making the total
+ expenditures $264,000,000, and leaving an estimated surplus revenue
+ for the year ending June 30, 1880, of $24,000,000. The total receipts
+ during the next fiscal year, ending June 30, 1881, estimated according
+ to existing laws, will be $288,000,000, and the estimated ordinary
+ expenditures for the same period will be $278,097,364.39, leaving a
+ surplus of $9,902,635.61 for that year.
+</p>
+<p>
+ The large amount expended for arrears of pensions during the last and
+ the present fiscal year, amounting to $21,747,249.60, has prevented
+ the application of the full amount required by law to the sinking
+ fund for the current year; but these arrears having been substantially
+ paid, it is believed that the sinking fund can hereafter be maintained
+ without any change of existing law.
+</p>
+<p>
+ The Secretary of War reports that the War Department estimates for the
+ fiscal year ending June 30, 1881, are $40,380,428.93, the same being
+ for a less sum of money than any annual estimate rendered to Congress
+ from that Department during a period of at least twelve years.
+</p>
+<p>
+ He concurs with the General of the Army in recommending such
+ legislation as will authorize the enlistment of the full number
+ of 25,000 men for the line of the Army, exclusive of the 3,463 men
+ required for detached duty, and therefore not available for service in
+ the field.
+</p>
+<p>
+ He also recommends that Congress be asked to provide by law for
+ the disposition of a large number of abandoned military posts and
+ reservations, which, though very valuable in themselves, have been
+ rendered useless for military purposes by the advance of civilization
+ and settlement.
+</p>
+<p>
+ He unites with the Quartermaster-General in recommending that an
+ appropriation be made for the construction of a cheap and perfectly
+ fireproof building for the safe storage of a vast amount of money
+ accounts, vouchers, claims, and other valuable records now in the
+ Quartermaster-General's Office, and exposed to great risk of total
+ destruction by fire.
+</p>
+<p>
+ He also recommends, in conformity with the views of the
+ Judge-Advocate-General, some declaratory legislation in reference
+ to the military statute of limitations as applied to the crime of
+ desertion.
+</p>
+<p>
+ In these several recommendations I concur.
+</p>
+<p>
+ The Secretary of War further reports that the work for the improvement
+ of the South Pass of the Mississippi River, under contract with Mr.
+ James B. Eads, made in pursuance of an act of Congress, has been
+ prosecuted during the past year with a greater measure of success in
+ the attainment of results than during any previous year. The channel
+ through the South Pass, which at the beginning of operations in June,
+ 1875, had a depth of only 7-1/2 feet of water, had on the 8th of July,
+ 1879, a minimum depth of 26 feet, having a width of not less than
+ 200 feet and a central depth of 30 feet. Payments have been made in
+ accordance with the statute, as the work progressed, amounting in
+ the aggregate to $4,250,000; and further payments will become due, as
+ provided by the statute, in the event of success in maintaining the
+ channel now secured.
+</p>
+<p>
+ The reports of the General of the Army and of his subordinates
+ present a full and detailed account of the military operations for
+ the suppression of hostilities among the Indians of the Ute and
+ Apache tribes, and praise is justly awarded to the officers and troops
+ engaged for promptness, skill, and courage displayed.
+</p>
+<p>
+ The past year has been one of almost unbroken peace and quiet on the
+ Mexican frontier, and there is reason to believe that the efforts of
+ this Government and of Mexico to maintain order in that region will
+ prove permanently successful.
+</p>
+<p>
+ This Department was enabled during the past year to find temporary,
+ though crowded, accommodations and a safe depository for a portion of
+ its records in the completed east wing of the building designed for
+ the State, War, and Navy Departments. The construction of the north
+ wing of the building, a part of the structure intended for the use
+ of the War Department, is being carried forward with all possible
+ dispatch, and the work should receive from Congress such liberal
+ appropriations as will secure its speedy completion.
+</p>
+<p>
+ The report of the Secretary of the Navy shows continued improvement
+ in that branch of the service during the last fiscal year. Extensive
+ repairs have been made upon vessels, and two new ships have been
+ completed and made ready for sea.
+</p>
+<p>
+ The total expenditures of the year ended June 30, 1879, including
+ specific appropriations not estimated for by the Department, were
+ $13,555,710.09. The expenses chargeable to the year, after deducting
+ the amount of these specific appropriations, were $13,343,317.79; but
+ this is subject to a reduction of $283,725.99, that amount having been
+ drawn upon warrants, but not paid out during the year. The amount of
+ appropriations applicable to the last fiscal year was $14,538,646.17.
+ There was, therefore, a balance of $1,479,054.37 remaining unexpended
+ and to the credit of the Department on June 30, 1879. The estimates
+ for the fiscal year ending June 30, 1881, are $14,864,147.95, which
+ exceeds the appropriations for the present fiscal year $361,897.28.
+ The reason for this increase is explained in the Secretary's
+ report. The appropriations available for the present fiscal year are
+ $14,502,250.67, which will, in the opinion of the Secretary, answer
+ all the ordinary demands of the service. The amount drawn from the
+ Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which
+ $1,095,440.33 has been refunded, leaving as the expenditure for that
+ period $4,674,963.79. If the expenditures of the remaining two-thirds
+ of the year do not exceed the proportion for these four months, there
+ will remain unexpended at the end of the year $477,359.30 of the
+ current appropriations. The report of the Secretary shows the
+ gratifying fact that among all the disbursing officers of the Pay
+ Corps of the Navy there is not one who is a defaulter to the extent of
+ a single dollar. I unite with him in recommending the removal of the
+ observatory to a more healthful location. That institution reflects
+ credit upon the nation, and has obtained the approbation of scientific
+ men in all parts of the world. Its removal from its present location
+ would not only be conducive to the health of its officers and
+ professors, but would greatly increase its usefulness.
+</p>
+<p>
+ The appropriation for judicial expenses, which has heretofore been
+ made for the Department of Justice in gross, was subdivided at the
+ last session of Congress, and no appropriation whatever was made for
+ the payment of the fees of marshals and their deputies, either in the
+ service of process or for the discharge of other duties; and since
+ June 30 these officers have continued the performance of their duties
+ without compensation from the Government, taking upon themselves the
+ necessary incidental outlays, as well as rendering their own services.
+ In only a few unavoidable instances has the proper execution of the
+ process of the United States failed by reason of the absence of the
+ requisite appropriation. This course of official conduct on the part
+ of these officers, highly creditable to their fidelity, was advised
+ by the Attorney-General, who informed them, however, that they would
+ necessarily have to rely for their compensation upon the prospect of
+ future legislation by Congress. I therefore especially recommend that
+ immediate appropriation be made by Congress for this purpose.
+</p>
+<p>
+ The act making the principal appropriation for the Department of
+ Justice at previous sessions has uniformly contained the following
+ clause:
+</p>
+<p class="q">
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+</p>
+<p>
+ No appropriation was made for this purpose for the current year. As no
+ general election for Members of Congress occurred, the omission was
+ a matter of little practical importance. Such election will, however,
+ take place during the ensuing year, and the appropriation made for
+ the pay of marshals and deputies should be sufficient to embrace
+ compensation for the services they may be required to perform at such
+ elections.
+</p>
+<p>
+ The business of the Supreme Court is at present largely in arrears.
+ It can not be expected that more causes can be decided than are
+ now disposed of in its annual session, or that by any assiduity the
+ distinguished magistrates who compose the court can accomplish more
+ than is now done. In the courts of many of the circuits also the
+ business has increased to such an extent that the delay of justice
+ will call the attention of Congress to an appropriate remedy. It is
+ believed that all is done in each circuit which can fairly be expected
+ from its judicial force. The evils arising from delay are less heavily
+ felt by the United States than by private suitors, as its causes
+ are advanced by the courts when it is seen that they involve the
+ discussion of questions of a public character.
+</p>
+<p>
+ The remedy suggested by the Attorney-General is the appointment of
+ additional circuit judges and the creation of an intermediate court of
+ errors and appeals, which shall relieve the Supreme Court of a part
+ of its jurisdiction, while a larger force is also obtained for the
+ performance of circuit duties.
+</p>
+<p>
+ I commend this suggestion to the consideration of Congress. It would
+ seem to afford a complete remedy, and would involve, if ten additional
+ circuit judges are appointed, an expenditure, at the present rate of
+ salaries, of not more than $60,000 a year, which would certainly be
+ small in comparison with the objects to be attained.
+</p>
+<p>
+ The report of the Postmaster-General bears testimony to the general
+ revival of business throughout the country. The receipts of the
+ Post-Office Department for the fiscal year ended June 30, 1879,
+ were $30,041,982.86, being $764,465.91 more than the revenues of the
+ preceding year. The amount realized from the sale of postage stamps,
+ stamped envelopes, and postal cards was $764,465.91 more than in the
+ preceding year, and $2,387,559.23 more than in 1877. The expenditures
+ of the Department were $33,449,899.45, of which the sum of $376,461.63
+ was paid on liabilities incurred in preceding years.
+</p>
+<p>
+ The expenditures during the year were $801,209.77 less than in the
+ preceding year. This reduction is to be attributed mainly to the
+ operation of the law passed June 17, 1878, changing the compensation
+ of postmasters from a commission on the value of stamps sold to a
+ commission on stamps canceled.
+</p>
+<p>
+ The amount drawn from the Treasury on appropriations, in addition to
+ the revenues of the Department, was $3,031,454.96, being $2,276,197.86
+ less than in the preceding year.
+</p>
+<p>
+ The expenditures for the fiscal year ending June 30, 1881, are
+ estimated at $39,920,900 and the receipts from all sources at
+ $32,210,000, leaving a deficiency to be appropriated for out of the
+ Treasury of $7,710,900.
+</p>
+<p>
+ The relations of the Department with railroad companies have been
+ harmonized, notwithstanding the general reduction by Congress of their
+ compensation by the appropriation for special facilities, and the
+ railway post-office lines have been greatly extended, especially in
+ the Southern States. The interests of the Railway Mail Service and
+ of the public would be greatly promoted and the expenditures could be
+ more readily controlled by the classification of the employees of the
+ Railway Mail Service as recommended by the Postmaster-General, the
+ appropriation for salaries, with respect to which the maximum limit is
+ already fixed by law, to be made in gross.
+</p>
+<p>
+ The Postmaster-General recommends an amendment of the law regulating
+ the increase of compensation for increased service and increased speed
+ on star routes, so as to enable him to advertise for proposals for
+ such increased service and speed. He also suggests the advantages to
+ accrue to the commerce of the country from the enactment of a general
+ law authorizing contracts with American-built steamers, carrying the
+ American flag, for transporting the mail between ports of the United
+ States and ports of the West Indies and South America, at a fixed
+ maximum price per mile, the amount to be expended being regulated by
+ annual appropriations, in like manner with the amount paid for the
+ domestic star service.
+</p>
+<p>
+ The arrangement made by the Postmaster-General and the Secretary of
+ the Treasury for the collection of duty upon books received in
+ the mail from foreign countries has proved so satisfactory in its
+ practical operation that the recommendation is now made that Congress
+ shall extend the provisions of the act of March 3, 1879, under which
+ this arrangement was made, so as to apply to all other dutiable
+ articles received in the mails from foreign countries.
+</p>
+<p>
+ The reports of the Secretary of the Interior and of the Commissioner
+ of Indian Affairs, setting forth the present state of our relations
+ with the Indian tribes on our territory, the measures taken to advance
+ their civilization and prosperity, and the progress already achieved
+ by them, will be found of more than ordinary interest. The general
+ conduct of our Indian population has been so satisfactory that the
+ occurrence of two disturbances, which resulted in bloodshed and
+ destruction of property, is all the more to be lamented.
+</p>
+<p>
+ The history of the outbreak on the White River Ute Reservation, in
+ western Colorado, has become so familiar by elaborate reports in the
+ public press that its remarkable incidents need not be stated here
+ in detail. It is expected that the settlement of this difficulty will
+ lead to such arrangements as will prevent further hostile contact
+ between the Indians and the border settlements in western Colorado.
+</p>
+<p>
+ The other disturbance occurred at the Mescalero Agency, in New Mexico,
+ where Victoria, at the head of a small band of marauders, after
+ committing many atrocities, being vigorously chased by a military
+ force, made his way across the Mexican border and is now on foreign
+ soil.
+</p>
+<p>
+ While these occurrences, in which a comparatively small number of
+ Indians were engaged, are most deplorable, a vast majority of our
+ Indian population have fully justified the expectations of those who
+ believe that by humane and peaceful influences the Indian can be led
+ to abandon the habits of savage life and to develop a capacity for
+ useful and civilized occupations. What they have already accomplished
+ in the pursuit of agricultural and mechanical work, the remarkable
+ success which has attended the experiment of employing as freighters
+ a class of Indians hitherto counted among the wildest and most
+ intractable, and the general and urgent desire expressed by them for
+ the education of their children may be taken as sufficient proof that
+ they will be found capable of accomplishing much more if they continue
+ to be wisely and fairly guided. The "Indian policy" sketched in the
+ report of the Secretary of the Interior, the object of which is to
+ make liberal provision for the education of Indian youth, to settle
+ the Indians upon farm lots in severalty, to give them title in fee to
+ their farms, inalienable for a certain number of years, and when their
+ wants are thus provided for to dispose by sale of the lands on their
+ reservations not occupied and used by them, a fund to be formed out
+ of the proceeds for the benefit of the Indians, which will gradually
+ relieve the Government of the expenses now provided for by annual
+ appropriations, must commend itself as just and beneficial to the
+ Indians, and as also calculated to remove those obstructions which
+ the existence of large reservations presents to the settlement and
+ development of the country. I therefore earnestly recommend the
+ enactment of a law enabling the Government to give Indians a title in
+ fee, inalienable for twenty-five years, to the farm lands assigned to
+ them by allotment. I also repeat the recommendation made in my first
+ annual message, that a law be passed admitting Indians who can give
+ satisfactory proof of having by their own labor supported their
+ families for a number of years, and who are willing to detach
+ themselves from their tribal relations, to the benefit of the
+ homestead act, and to grant them patents containing the same provision
+ of inalienability for a certain period.
+</p>
+<p>
+ The experiment of sending a number of Indian children of both sexes to
+ the Hampton Normal and Agricultural Institute, in Virginia, to receive
+ an elementary English education and practical instruction in farming
+ and other useful industries, has led to results so promising that it
+ was thought expedient to turn over the cavalry barracks at Carlisle,
+ in Pennsylvania, to the Interior Department for the establishment of
+ an Indian school on a larger scale. This school has now 158 pupils,
+ selected from various tribes, and is in full operation. Arrangements
+ are also made for the education of a number of Indian boys and girls
+ belonging to tribes on the Pacific Slope in a similar manner, at
+ Forest Grove, in Oregon. These institutions will commend themselves to
+ the liberality of Congress and to the philanthropic munificence of the
+ American people.
+</p>
+<p>
+ Last spring information was received of the organization of an
+ extensive movement in the Western States, the object of which was
+ the occupation by unauthorized persons of certain lands in the Indian
+ Territory ceded by the Cherokees to the Government for the purpose of
+ settlement by other Indian tribes.
+</p>
+<p>
+ On the 26th of April I issued a proclamation<a href="#note-40"><small>40</small></a> warning all persons
+ against participation in such an attempt, and by the cooperation of a
+ military force the invasion was promptly checked. It is my purpose to
+ protect the rights of the Indian inhabitants of that Territory to the
+ full extent of the executive power; but it would be unwise to ignore
+ the fact that a territory so large and so fertile, with a population
+ so sparse and with so great a wealth of unused resources, will be
+ found more exposed to the repetition of such attempts as happened
+ this year when the surrounding States are more densely settled and the
+ westward movement of our population looks still more eagerly for
+ fresh lands to occupy. Under such circumstances the difficulty of
+ maintaining the Indian Territory in its present state will greatly
+ increase, and the Indian tribes inhabiting it would do well to prepare
+ for such a contingency. I therefore fully approve of the advice given
+ to them by the Secretary of the Interior on a recent occasion, to
+ divide among themselves in severalty as large a quantity of their
+ lands as they can cultivate; to acquire individual title in fee
+ instead of their present tribal ownership in common, and to consider
+ in what manner the balance of their lands may be disposed of by the
+ Government for their benefit. By adopting such a policy they would
+ more certainly secure for themselves the value of their possessions,
+ and at the same time promote their progress in civilization and
+ prosperity, than by endeavoring to perpetuate the present state of
+ things in the Territory.
+</p>
+<p>
+ The question whether a change in the control of the Indian service
+ should be made was in the Forty-fifth Congress referred to a joint
+ committee of both Houses for inquiry and report. In my last annual
+ message I expressed the hope that the decision of that question, then
+ in prospect, would "arrest further agitation of this subject, such
+ agitation being apt to produce a disturbing effect upon the service as
+ well as on the Indians themselves." Since then, the committee having
+ reported, the question has been decided in the negative by a vote in
+ the House of Representatives.
+</p>
+<p>
+ For the reasons here stated, and in view of the fact that further
+ uncertainty on this point will be calculated to obstruct other
+ much-needed legislation, to weaken the discipline of the service, and
+ to unsettle salutary measures now in progress for the government and
+ improvement of the Indians, I respectfully recommend that the decision
+ arrived at by Congress at its last session be permitted to stand.
+</p>
+<p>
+ The efforts made by the Department of the Interior to arrest the
+ depredations on the timber lands of the United States have been
+ continued, and have met with considerable success. A large number of
+ cases of trespass have been prosecuted in the courts of the United
+ States; others have been settled, the trespassers offering to make
+ payment to the Government for the value of the timber taken by them.
+ The proceeds of these prosecutions and settlements turned into the
+ Treasury far exceed in amount the sums appropriated by Congress for
+ this purpose. A more important result, however, consists in the fact
+ that the destruction of our public forests by depredation, although
+ such cases still occur, has been greatly reduced in extent, and it
+ is probable that if the present policy is vigorously pursued and
+ sufficient provision to that end is made by Congress such trespasses,
+ at least those on a large scale, can be entirely suppressed, except
+ in the Territories, where timber for the daily requirements of the
+ population can not, under the present state of the law, be otherwise
+ obtained. I therefore earnestly invite the attention of Congress to
+ the recommendation made by the Secretary of the Interior, that a law
+ be enacted enabling the Government to sell timber from the public
+ lands without conveying the fee, where such lands are principally
+ valuable for the timber thereon, such sales to be so regulated as to
+ conform to domestic wants and business requirements, while at the
+ same time guarding against a sweeping destruction of the forests. The
+ enactment of such a law appears to become a more pressing necessity
+ every day.
+</p>
+<p>
+ My recommendations in former messages are renewed in favor of
+ enlarging the facilities of the Department of Agriculture. Agriculture
+ is the leading interest and the permanent industry of our people. It
+ is to the abundance of agricultural production, as compared with our
+ home consumption, and the largely increased and highly profitable
+ market abroad which we have enjoyed in recent years, that we are
+ mainly indebted for our present prosperity as a people. We must look
+ for its continued maintenance to the same substantial resource.
+ There is no branch of industry in which labor, directed by scientific
+ knowledge, yields such increased production in comparison with
+ unskilled labor, and no branch of the public service to which the
+ encouragement of liberal appropriations can be more appropriately
+ extended. The omission to render such aid is not a wise economy,
+ but, on the contrary, undoubtedly results in losses of immense sums
+ annually that might be saved through well-directed efforts by the
+ Government to promote this vital interest.
+</p>
+<p>
+ The results already accomplished with the very limited means
+ heretofore placed at the command of the Department of Agriculture is
+ an earnest of what may be expected with increased appropriations for
+ the several purposes indicated in the report of the Commissioner, with
+ a view to placing the Department upon a footing which will enable it
+ to prosecute more effectively the objects for which it is established.
+</p>
+<p>
+ Appropriations are needed for a more complete laboratory, for the
+ establishment of a veterinary division and a division of forestry, and
+ for an increase of force.
+</p>
+<p>
+ The requirements for these and other purposes, indicated in the report
+ of the Commissioner under the head of the immediate necessities of the
+ Department, will not involve any expenditure of money that the country
+ can not with propriety now undertake in the interests of agriculture.
+</p>
+<p>
+ It is gratifying to learn from the Bureau of Education the extent to
+ which educational privileges throughout the United States have been
+ advanced during the year. No more fundamental responsibility rests
+ upon Congress than that of devising appropriate measures of financial
+ aid to education, supplemental to local action in the States and
+ Territories and in the District of Columbia. The wise forethought of
+ the founders of our Government has not only furnished the basis for
+ the support of the common-school systems of the newer States, but laid
+ the foundations for the maintenance of their universities and colleges
+ of agriculture and the mechanic arts. Measures in accordance with this
+ traditional policy, for the further benefit of all these interests and
+ the extension of the same advantages to every portion of the country,
+ it is hoped will receive your favorable consideration.
+</p>
+<p>
+ To preserve and perpetuate the national literature should be among the
+ foremost cares of the National Legislature. The library gathered at
+ the Capitol still remains unprovided with any suitable accommodations
+ for its rapidly increasing stores. The magnitude and importance of the
+ collection, increased as it is by the deposits made under the law of
+ copyright, by domestic and foreign exchanges, and by the scientific
+ library of the Smithsonian Institution, call for building
+ accommodations which shall be at once adequate and fireproof. The
+ location of such a public building, which should provide for the
+ pressing necessities of the present and for the vast increase of the
+ nation's books in the future, is a matter which addresses itself to
+ the discretion of Congress. It is earnestly recommended as a measure
+ which should unite all suffrages and which should no longer be
+ delayed.
+</p>
+<p>
+ The joint commission created by the act of Congress of August 2, 1876,
+ for the purpose of supervising and directing the completion of the
+ Washington National Monument, of which commission the President is a
+ member, has given careful attention to this subject, and already the
+ strengthening of the foundation has so far progressed as to insure the
+ entire success of this part of the work. A massive layer of masonry
+ has been introduced below the original foundation, widening the base,
+ increasing the stability of the structure, and rendering it possible
+ to carry the shaft to completion. It is earnestly recommended that
+ such further appropriations be made for the continued prosecution
+ of the work as may be necessary for the completion of this national
+ monument at an early day.
+</p>
+<p>
+ In former messages, impressed with the importance of the subject,
+ I have taken occasion to commend to Congress the adoption of a
+ generous policy toward the District of Columbia. The report of
+ the Commissioners of the District, herewith transmitted, contains
+ suggestions and recommendations, to all of which I earnestly invite
+ your careful attention. I ask your early and favorable consideration
+ of the views which they express as to the urgent need of legislation
+ for the reclamation of the marshes of the Potomac and its Eastern
+ Branch within the limits of the city, and for the repair of the
+ streets of the capital, heretofore laid with wooden blocks and now by
+ decay rendered almost impassable and a source of imminent danger
+ to the health of its citizens. The means at the disposal of the
+ Commissioners are wholly inadequate for the accomplishment of these
+ important works, and should be supplemented by timely appropriations
+ from the Federal Treasury.
+</p>
+<p>
+ The filling of the flats in front of the city will add to the adjacent
+ lands and parks now owned by the United States a large and valuable
+ domain, sufficient, it is thought, to reimburse its entire cost, and
+ will also, as an incidental result, secure the permanent improvement
+ of the river for the purposes of navigation.
+</p>
+<p>
+ The Constitution having invested Congress with supreme and exclusive
+ jurisdiction over the District of Columbia, its citizens must of
+ necessity look to Congress alone for all needful legislation affecting
+ their interests; and as the territory of this District is the common
+ property of the people of the United States, who equally with its
+ resident citizens are interested in the prosperity of their capital,
+ I can not doubt that you will be amply sustained by the general voice
+ of the country in any measures you may adopt for this purpose.
+</p>
+<p>
+ I also invite the favorable consideration of Congress to the wants of
+ the public schools of this District, as exhibited in the report of the
+ Commissioners. While the number of pupils is rapidly increasing,
+ no adequate provision exists for a corresponding increase of school
+ accommodation, and the Commissioners are without the means to meet
+ this urgent need. A number of the buildings now used for school
+ purposes are rented, and are in important particulars unsuited for the
+ purpose. The cause of popular education in the District of Columbia is
+ surely entitled to the same consideration at the hands of the
+ National Government as in the several States and Territories, to which
+ munificent grants of the public lands have been made for the endowment
+ of schools and universities.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 19, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a draft of a bill submitted
+ by the Board of Commissioners of the District of Columbia, entitled
+ "A bill to provide for the reclamation of the marshes in the harbors
+ of the cities of Washington and Georgetown, and for other purposes,"
+ together with the accompanying letter of the president of the board
+ requesting its transmission to Congress.
+</p>
+<p>
+ The bill embraces a plan for the reclamation of the marshes of the
+ Potomac River and its Eastern Branch within the limits of the city
+ of Washington, and is carefully framed with a view to economy in the
+ prosecution of the work. The attention of Congress is again invited to
+ the urgent need of legislation for this important work, which has been
+ so long delayed.
+</p>
+<p>
+ The improvement contemplated is essential to the health of those who
+ reside, whether permanently or temporarily, at the capital, and to
+ the safe and convenient navigation of the waters in its vicinity by
+ vessels employed in the service of the Government and for the purposes
+ of commerce. It is a measure of more than local benefit. The capital
+ of the nation should be relieved from every disadvantage which it is
+ practicable to remove, and should possess every attraction with which
+ it can be invested by the intelligent and fostering care of those
+ who are intrusted with its immediate supervision. The people of the
+ country will sustain and approve the efforts of their representatives
+ in the discharge of this responsibility.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 7, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In reply to a resolution of the Senate of December 3, 1879, requesting
+ the President of the United States to inform the Senate whether
+ payments have been made to the Ute Indians in accordance with the
+ fourth article of an agreement made with said Indians September 3,
+ 1873, I transmit herewith a letter from the Secretary of the Interior
+ and accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 12, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to resolution of the House of Representatives of the 3d
+ of December, 1879, relative to the consulate at Hongkong, I transmit
+ herewith a report from the Secretary of State, with its accompanying
+ papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 14, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have the honor herewith to transmit the final report of the board
+ for testing iron, steel, and other metals, with the accompanying
+ papers. These papers constitute the remainder of the reports made
+ by the board, which were transmitted by me to the House of
+ Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,
+ Forty-fifth Congress, second session).
+</p>
+<p>
+ The United States testing machine at Watertown Arsenal, constructed
+ for the board, is reported as being of great value in the
+ determination of data and the solution of problems of interest to the
+ people of the whole country, and the special attention of Congress
+ is called to the necessity of an appropriation to enable the War
+ Department to make use of it. An estimate of $20,000 for the purpose
+ was submitted to Congress in the last Book of Estimates (see p. 82),
+ and an appropriation of that sum is respectfully recommended.
+</p>
+<p>
+ The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),
+ made an appropriation for completing the experiments in testing
+ iron, steel, and other metals, and provided that the board should
+ be discontinued from and after the expenditure of the amount
+ appropriated. In accordance with this legislation, the board ceased to
+ exist on the 30th of June, 1879.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 21, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention between the United States of America
+ and the French Republic for the settlement of certain claims of the
+ citizens of either country against the other.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 26, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the 21st
+ instant, requesting the Commissioner of Agriculture to furnish all
+ information which he may have in his possession bearing upon the
+ culture of the sugar beet, etc., the accompanying letter and report,
+ received from the Acting Commissioner of Agriculture for this purpose,
+ are herewith transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 5, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to a resolution of the House of Representatives of the 3d
+ instant, requesting the Commissioner of Agriculture to forward any
+ facts or statistics in his office on the subject of forestry not
+ heretofore published from his Department, the following report,
+ received from the Commissioner, upon this subject is hereby
+ transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 16, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of
+ the 5th instant, calling for any information which I may have received
+ of the proceedings of the International Polar Congress convened in
+ Hamburg, Germany, October 1, 1879, I transmit herewith a report from
+ the Secretary of State on the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 16, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 19th of
+ January, 1880, calling for information in relation to claims before
+ the American-Spanish Claims Commission and the proceedings of the
+ commission, I transmit herewith a report from the Secretary of State
+ upon the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 24, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit a communication from the Attorney-General, with
+ reference to the requisite appropriation for the current fiscal year
+ for the compensation, of the marshals of the United States, including
+ their reimbursement for necessary expenditures in the discharge of
+ their official duties.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 25, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a preliminary report and a draft
+ of a bill submitted by the Public Lands Commission authorized by the
+ act of Congress approved March 3, 1879.
+</p>
+<p>
+ The object of the report and of the bill accompanying it is of such
+ importance that I respectfully commend it to the prompt and earnest
+ consideration of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 27, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 27th ultimo,
+ I transmit herewith a report from the Secretary of State, with
+ its papers, relating to the claim of Max. Bromberger against the
+ Government of Mexico.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 27, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, for its consideration with a view
+ to ratification, a treaty between the Government of the United
+ States and His Highness Sultan Abdallah, King of Johanna, concerning
+ commercial intercourse with that independent East African island,
+ concluded at Johanna Town on the 4th day of October, 1879.
+</p>
+<p>
+ For your better understanding of the subject, I transmit also the
+ correspondence of Commodore Shufeldt with the Navy Department, which
+ accompanied the treaty, describing the condition and resources of the
+ island of Johanna and narrating the progress of the negotiation, which
+ was undertaken under the general instructions of the Department of
+ State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 1, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I deem it proper to invite the attention of Congress to the subject of
+ the unsettled claims of Spanish inhabitants of East Florida during the
+ years of 1812 and 1813, generally known as the "East Florida claims,"
+ the settlement of which is provided for by a stipulation found in
+ Article IX of the treaty of February, 1819, between the United States
+ and Spain. The provision of the treaty in question which relates to
+ the subject is the following:
+</p>
+<p class="q">
+ The United States will cause satisfaction to be made for the
+ injuries, if any, which by process of law shall be established
+ to have been suffered by the Spanish officers and individual
+ Spanish inhabitants by the late operations of the American
+ army in Florida.
+</p>
+<p>
+ The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at
+ Large, p. 768), to carry into effect the ninth article of the treaty
+ in question, provided for the examination and judicial ascertainment
+ of the claims by the judges of the superior courts established at St.
+ Augustine and Pensacola, and also made provision for the payment by
+ the Secretary of the Treasury of such claims as might be reported to
+ him by the said judges, upon his being satisfied that such claims were
+ just and equitable; and a subsequent act, approved the 26th of June,
+ 1834 (6 U.S. Statutes at Large, p. 569), gave further directions for
+ the payment, and also provided for the hearing and determination by
+ the judge of the superior court of St. Augustine of such claims as
+ had not then been already heard and determined. Under these acts
+ of Congress I understand that all claims presented to the judges in
+ Florida were passed upon and the result of the proceedings thus had
+ reported to the Secretary of the Treasury. It also appears that in
+ the computation of damages the judges adopted a rule of 5 per cent per
+ annum on the ascertained actual loss from the date of that loss to the
+ time of the rendition of their finding, and that the Secretary of the
+ Treasury in 1836, when the first reports were presented to him, not
+ deeming this portion of the claims covered by the 5 per cent rule
+ just and equitable within the meaning of the treaty and the acts of
+ Congress, refused to pay it, but did continue to pay the ascertained
+ amounts of actual loss. The demand for payment of this rejected
+ item has been pressed at various times and in various ways up to the
+ present time, but Mr. Woodbury's successors in the Treasury Department
+ have not felt at liberty to review that ruling.
+</p>
+<p>
+ Under these circumstances I have thought it proper to lay the subject
+ before Congress for its consideration and such action as may be deemed
+ necessary. The history of the proceedings already had in regard to the
+ matter is of record in the Treasury Department, and will be furnished
+ by the Secretary of the Treasury should Congress desire it.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 8, 1880</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ I transmit herewith the report of the Secretary of State and the
+ accompanying papers, in response to the resolution adopted by the
+ Senate on the 11th day of February last, requesting copies of all
+ correspondence between this Government and any foreign government
+ since February, 1869, respecting a ship canal across the isthmus
+ between North America and South America, together with copies of any
+ <i>projet</i> of treaties respecting the same which the Department of State
+ may have proposed or submitted since that date to any foreign power or
+ its diplomatic representative.
+</p>
+<p>
+ In further compliance with the resolution of the Senate, I deem it
+ proper to state briefly my opinion as to the policy of the United
+ States with respect to the construction of an interoceanic canal by
+ any route across the American Isthmus.
+</p>
+<p>
+ The policy of this country is a canal under American control. The
+ United States can not consent to the surrender of this control to any
+ European power or to any combination of European powers. If existing
+ treaties between the United States and other nations or if the rights
+ of sovereignty or property of other nations stand in the way of this
+ policy&mdash;a contingency which is not apprehended&mdash;suitable steps should
+ be taken by just and liberal negotiations to promote and establish the
+ American policy on this subject consistently with the rights of the
+ nations to be affected by it.
+</p>
+<p>
+ The capital invested by corporations or citizens of other countries in
+ such an enterprise must in a great degree look for protection to
+ one or more of the great powers of the world. No European power
+ can intervene for such protection without adopting measures on this
+ continent which the United States would deem wholly inadmissible. If
+ the protection of the United States is relied upon, the United States
+ must exercise such control as will enable this country to protect
+ its national interests and maintain the rights of those whose private
+ capital is embarked in the work.
+</p>
+<p>
+ An interoceanic canal across the American Isthmus will essentially
+ change the geographical relations between the Atlantic and Pacific
+ coasts of the United States and between the United States and the rest
+ of the world. It would be the great ocean thoroughfare between our
+ Atlantic and our Pacific shores, and virtually a part of the coast
+ line of the United States. Our merely commercial interest in it is
+ greater than that of all other countries, while its relations to our
+ power and prosperity as a nation, to our means of defense, our unity,
+ peace, and safety, are matters of paramount concern to the people
+ of the United States. No other great power would under similar
+ circumstances fail to assert a rightful control over a work so closely
+ and vitally affecting its interest and welfare.
+</p>
+<p>
+ Without urging further the grounds of my opinion, I repeat, in
+ conclusion, that it is the right and the duty of the United States
+ to assert and maintain such supervision and authority over any
+ interoceanic canal across the isthmus that connects North and South
+ America as will protect our national interests. This, I am quite sure,
+ will be found not only compatible with but promotive of the widest and
+ most permanent advantage to commerce and civilization.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<center>
+ [A similar message was sent to the House of Representatives, in answer
+ to a resolution of that body of February 10.]
+</center>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 9, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a report from the Secretary
+ of the Interior, containing an agreement signed by the chiefs and
+ headmen of the Ute Indians now present at the seat of Government. The
+ stipulations of this agreement appear to me so reasonable and just and
+ the object to be accomplished by its execution so eminently desirable
+ to both the white people of the United States and the Indians that it
+ has my cordial approval, and I earnestly commend it to Congress for
+ favorable consideration and appropriate legislative action.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>March 9, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, for its consideration with a
+ view to ratification, a convention between the United States and His
+ Majesty the King of the Belgians, defining the rights, immunities, and
+ privileges of consular officers, concluded this day at Washington.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 9, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report, dated on the 9th instant, from the
+ Secretary of State, with the accompanying papers, in answer to
+ a resolution of the House of Representatives of the 25th ultimo,
+ requesting the President to transmit to that body, if not deemed
+ incompatible with the public interest, copies of such dispatches
+ as have recently been received by the Secretary of State from the
+ consul-general at Shanghai upon the subject of slavery in China and
+ those portions of the penal code of China which forbid expatriation.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 12, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of March 2,
+ 1880, requesting the Secretary of State to communicate to the House
+ certain information in relation to the publication and circulation of
+ commercial reports, I transmit herewith a report from the Secretary of
+ State, with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 29, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 29th of
+ January, 1880, calling for information in relation to the awards of
+ the mixed commission organized under the provisions of the treaty of
+ April 25, 1866, between the United States and Venezuela, I transmit
+ herewith a report from the Secretary of State upon the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>April 12, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In response to the resolution of the House of Representatives of the
+ 12th of February last, on the subject of negotiations concerning the
+ immigration of Chinese to the United States, I transmit a report of
+ the Secretary of State, to whom the matter was referred.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>April 15, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to the resolution of the Senate of the 27th of February
+ last, concerning the action had by the Executive with respect to the
+ investigation of certain cases in which awards were made by the late
+ United States and Mexican Commission, I transmit herewith a report of
+ the Secretary of State, to whom the matter was referred.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., April 16, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ The board for testing iron, steel, and other metals, appointed under
+ the authority of "An act making appropriations for sundry civil
+ expenses of the Government for the fiscal year ending June 30, 1876,
+ and for other purposes," contracted with Mr. A.H. Emery, of New York,
+ for a testing machine, to be paid out of the appropriation made for
+ the purpose. That machine has been completed and accepted, and is now
+ in position at the Watertown Arsenal, Mass. It is spoken of by the
+ members composing the late board as the most perfect and reliable
+ machine in the world, embodying new mechanical principles and
+ combinations not heretofore used in any other constructions.
+</p>
+<p>
+ In designing, perfecting, and making this machine the contractor
+ has expended large sums of money over and above the contract
+ price, besides giving years of labor, for which he has received no
+ compensation. He now appeals to Congress for relief, and the papers
+ herewith exhibit a case that calls for Congressional action. It is
+ respectfully submitted to the House of Representatives, recommending
+ speedy and favorable consideration.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>April 22, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to inform Congress that Mr. J. Randolph Coolidge,
+ Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
+ Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,
+ jr., desire to present to the United States the desk on which the
+ Declaration of Independence was written. It bears the following
+ inscription in the handwriting of Thomas Jefferson:
+</p>
+<p class="q">
+ Thomas Jefferson gives this writing desk to Joseph Coolidge,
+ jr., as a memorial of his affection. It was made from
+ a drawing of his own, by Ben. Randall, cabinetmaker of
+ Philadelphia, with whom he first lodged on his arrival in that
+ city in May, 1776, and is the identical one on which he wrote
+ the Declaration of Independence.
+</p><p class="q">
+ Politics, as well as religion, has its superstitions. These,
+ gaining strength with time, may one day give imaginary value
+ to this relic for its association with the birth of the great
+ charter of our independence.
+</p><p class="q">
+ Monticello, <i>November 18, 1825</i>.
+</p>
+<p>
+ The desk was placed in my possession by Hon. Robert C. Winthrop, and
+ is herewith transmitted to Congress with the letter of Mr. Winthrop
+ expressing the wish of the donors "to offer it to the United States,
+ so that it may henceforth have a place in the Department of State in
+ connection with the immortal instrument which was written upon it in
+ 1776."
+</p>
+<p>
+ I respectfully recommend that such action be taken by Congress as
+ may be deemed appropriate with reference to a gift to the nation
+ so precious in its history and for the memorable associations which
+ belong to it.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, D.C., <i>April 14, 1880</i>.
+</p>
+<p>
+His Excellency RUTHERFORD B. HAYES,<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ MY DEAR SIR: I have been privileged to bring with me from Boston, as a
+ present to the United States, a very precious historical relic. It is
+ the little desk on which Mr. Jefferson wrote the original draft of the
+ Declaration of Independence.
+</p>
+<p>
+ This desk was given by Mr. Jefferson himself to my friend, the late
+ Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's
+ granddaughter, Miss Randolph, and it bears an autograph inscription
+ of singular interest, written by the illustrious author of the
+ Declaration in the very last year of his life.
+</p>
+<p>
+ On the recent death of Mr. Coolidge, whose wife had died a year or
+ two previously, the desk became the property of their children, Mr.
+ J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson
+ Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to
+ the United States, so that it may henceforth have a place in the
+ Department of State in connection with the immortal instrument which
+ was written upon it in 1776.
+</p>
+<p>
+ They have done me the honor to make me the medium of this
+ distinguished gift, and I ask permission to place it in the hands of
+ the Chief Magistrate of the nation in their name and at their request.
+</p>
+<p>
+ Believe me, dear Mr. President, with the highest respect, very
+ faithfully, your obedient servant,
+</p>
+<p class="r">
+ ROBT. C. WINTHROP.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 13, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, in response to their resolution of
+ the 24th of March last, in relation to the fulfillment of the ninth
+ article of the treaty of 1819 between the United States and Spain, a
+ report of the Secretary of State on the correspondence asked for by
+ the resolution, with its accompanying documents, and in connection
+ therewith a previous report from the Secretary of State and an opinion
+ of the Attorney-General on the subject of the East Florida claims.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 17, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of
+ the 27th ultimo, calling for copies of the correspondence with the
+ Government of Great Britain in regard to the alleged outrage upon
+ American fishermen at Fortune Bay, in the Province of Newfoundland,
+ I transmit herewith the correspondence called for and a report from
+ the Secretary of State on the subject.
+</p>
+<p>
+ In transmitting this correspondence and the report I respectfully
+ ask the immediate and careful attention of Congress to the failure
+ of accord between the two Governments as to the interpretation and
+ execution of the fishery articles of the treaty of Washington, as
+ disclosed in this correspondence and elucidated by the exposition of
+ the subject by the Secretary of State.
+</p>
+<p>
+ I concur in the opinions of this report as to the measures proper to
+ be taken by this Government in maintenance of the rights accorded to
+ our fishermen by the British concession of the treaty and in providing
+ for suitable action toward securing an indemnity for the injury these
+ interests have already suffered.
+</p>
+<p>
+ Accordingly, I recommend to Congress the adoption of these measures,
+ with such attendant details of legislation as in the wisdom of
+ Congress shall seem expedient.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<center>
+ [The same message was sent to the Senate, in answer to a resolution of
+ that body of April 28.]
+</center>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 24, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I submit to the Senate, for its consideration with a view to
+ ratification, the accompanying convention for the extradition of
+ criminals, concluded between the United States and the Government of
+ His Majesty the King of the Netherlands on the 22d instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 25, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a communication from the
+ Secretary of the Interior, with reference to the agreement made with
+ the chiefs of the Ute Indians recently in Washington, a copy of which
+ was submitted to Congress on the 9th of March last.
+</p>
+<p>
+ The special and immediate attention of Congress to the imminent danger
+ attending the postponement of appropriate legislation to carry into
+ effect the stipulations of this agreement is earnestly solicited.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 5, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 31st ultimo,
+ requesting the President "to communicate to the Senate whether any
+ supervisor or supervisors of the census appointed by and with the
+ advice and consent of the Senate have been removed from office by
+ him or with his consent," etc., I transmit herewith a report from the
+ Secretary of the Interior.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>May 4, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After mature consideration of the bill entitled "An act making
+ appropriations to supply certain deficiencies in the appropriations
+ for the service of the Government for the fiscal year ending June
+ 30, 1880, and for other purposes," I return it to the House of
+ Representatives, in which it originated, with my objections to its
+ passage.
+</p>
+<p>
+ The bill appropriates about $8,000,000, of which over $600,000 is for
+ the payment of the fees of United States marshals and of the general
+ and special deputy marshals earned during the current fiscal year,
+ and their incidental expenses. The appropriations made in the bill are
+ needed to carry on the operations of the Government and to fulfill its
+ obligations for the payment of money long since due to its officers
+ for services and expenses essential to the execution of their
+ duties under the laws of the United States. The necessity for these
+ appropriations is so urgent and they have been already so long
+ delayed that if the bill before me contained no permanent or general
+ legislation unconnected with these appropriations it would receive
+ my prompt approval. It contains, however, provisions which materially
+ change, and by implication repeal, important parts of the laws for the
+ regulation of the United States elections. These laws have for several
+ years past been the subject of vehement political controversy, and
+ have been denounced as unnecessary, oppressive, and unconstitutional.
+ On the other hand, it has been maintained with equal zeal and
+ earnestness that the election laws are indispensable to fair and
+ lawful elections, and are clearly warranted by the Constitution.
+ Under these circumstances, to attempt in an appropriation bill the
+ modification or repeal of these laws is to annex a condition to the
+ passage of needed and proper appropriations, which tends to deprive
+ the Executive of that equal and independent exercise of discretion and
+ judgment which the Constitution contemplates.
+</p>
+<p>
+ The objection to the bill, therefore, to which I respectfully ask your
+ attention is that it gives a marked and deliberate sanction, attended
+ by no circumstances of pressing necessity, to the questionable and,
+ as I am clearly of opinion, the dangerous practice of tacking upon
+ appropriation bills general and permanent legislation. This practice
+ opens a wide door to hasty, inconsiderate, and sinister legislation.
+ It invites attacks upon the independence and constitutional powers of
+ the Executive by providing an easy and effective way of constraining
+ Executive discretion. Although of late this practice has been resorted
+ to by all political parties when clothed with power, it did not
+ prevail until forty years after the adoption of the Constitution, and
+ it is confidently believed that it is condemned by the enlightened
+ judgment of the country. The States which have adopted new
+ constitutions during the last quarter of a century have generally
+ provided remedies for the evil. Many of them have enacted that no law
+ shall contain more than one subject, which shall be plainly expressed
+ in its title. The constitutions of more than half of the States
+ contain substantially this provision, or some other of like intent and
+ meaning. The public welfare will be promoted in many ways by a return
+ to the early practice of the Government and to the true rule of
+ legislation, which is that every measure should stand upon its own
+ merits.
+</p>
+<p>
+ I am firmly convinced that appropriation bills ought not to contain
+ any legislation not relevant to the application or expenditure of the
+ money thereby appropriated, and that by a strict adherence to this
+ principle an important and much needed reform will be accomplished.
+</p>
+<p>
+ Placing my objection to the bill on this feature of its frame,
+ I forbear any comment upon the important general and permanent
+ legislation which it contains, as matter for specific and independent
+ consideration.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 15, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ After mature consideration of the bill entitled "An act regulating the
+ pay and appointment of deputy marshals," I am constrained to withhold
+ from it my approval, and to return it to the Senate, in which it
+ originated, with my objections to its passage.
+</p>
+<p>
+ The laws now in force on the subject of the bill before me are
+ contained in the following sections of the Revised Statutes:
+</p>
+<p class="q">
+ SEC. 2021. Whenever an election at which Representatives or
+ Delegates in Congress are to be chosen is held in any city
+ or town of 20,000 inhabitants or upward, the marshal for the
+ district in which the city or town is situated shall, on the
+ application in writing of at least two citizens residing in
+ such city or town, appoint special deputy marshals, whose
+ duty it shall be, when required thereto, to aid and assist
+ the supervisors of election in the verification of any list
+ of persons who may have registered or voted; to attend in each
+ election district or voting precinct at the times and places
+ fixed for the registration of voters, and at all times
+ or places when and where the registration may by law be
+ scrutinized and the names of registered voters be marked
+ for challenge; and also to attend, at all times for holding
+ elections, the polls in such district or precinct.
+</p><p class="q">
+ SEC. 2022. The marshal and his general deputies, and such
+ special deputies, shall keep the peace and support and protect
+ the supervisors of election in the discharge of their duties,
+ preserve order at such places of registration and at such
+ polls, prevent fraudulent registration and fraudulent voting
+ thereat, or fraudulent conduct on the part of any officer of
+ election, and immediately, either at the place of registration
+ or polling place, or elsewhere, and either before or after
+ registering or voting, to arrest and take into custody, with
+ or without process, any person who commits, or attempts or
+ offers to commit, any of the acts or offenses prohibited
+ herein, or who commits any offense against the laws of the
+ United States; but no person shall be arrested without process
+ for any offense not committed in the presence of the marshal
+ or his general or special deputies, or either of them, or of
+ the supervisors of election, or either of them; and for
+ the purposes of arrest or the preservation of the peace the
+ supervisors of election shall, in the absence of the marshal's
+ deputies, or if required to assist such deputies, have the
+ same duties and powers as deputy marshals; nor shall any
+ person, on the day of such election, be arrested without
+ process for any offense committed on the day of registration.
+</p><p class="q">
+ SEC. 2023. Whenever any arrest is made under any provision of
+ this title, the person so arrested shall forthwith be brought
+ before a commissioner, judge, or court of the United States
+ for examination of the offenses alleged against him; and such
+ commissioner, judge, or court shall proceed in respect thereto
+ as authorized by law in case of crimes against the United
+ States.
+</p><p class="q">
+ SEC. 2024. The marshal or his general deputies, or such
+ special deputies as are thereto specially empowered by him in
+ writing, and under his hand and seal, whenever he or either
+ or any of them is forcibly resisted in executing their duties
+ under this title, or shall by violence, threats, or menaces
+ be prevented from executing such duties or from arresting any
+ person who has committed any offense for which the marshal
+ or his general or his special deputies are authorized to make
+ such arrest, are, and each of them is, empowered to summon
+ and call to his aid the bystanders or <i>posse comitatus</i> of his
+ district.
+</p><p class="q">
+ SEC. 2028. No person shall be appointed a supervisor of
+ election or a deputy marshal under the preceding provisions
+ who is not at the time of his appointment a qualified voter of
+ the city, town, county, parish, election district, or voting
+ precinct in which his duties are to be performed.
+</p><p class="q">
+ SEC. 5521. If any person be appointed a supervisor of election
+ or a special deputy marshal under the provisions of title "The
+ elective franchise," and has taken the oath of office as such
+ supervisor of election or such special deputy marshal, and
+ thereafter neglects or refuses, without good and lawful
+ excuse, to perform and discharge fully the duties,
+ obligations, and requirements of such office until the
+ expiration of the term for which he was appointed, he shall
+ not only be subject to removal from office with loss of all
+ pay or emoluments, but shall be punished by imprisonment for
+ not less than six months nor more than one year, or by a fine
+ of not less than $200 and not more than $500, or by both fine
+ and imprisonment, and shall pay the costs of prosecution.
+</p><p class="q">
+ SEC. 5522. Every person, whether with or without any
+ authority, power, or process, or pretended authority, power,
+ or process, of any State, Territory, or municipality, who
+ obstructs, hinders, assaults, or by bribery, solicitation,
+ or otherwise interferes with or prevents the supervisors of
+ election, or either of them, or the marshal or his general or
+ special deputies, or either of them, in the performance of any
+ duty required of them, or either of them, or which he or they,
+ or either of them, may be authorized to perform by any law of
+ the United States, in the execution of process or otherwise,
+ or who by any of the means before mentioned hinders or
+ prevents the free attendance and presence at such places of
+ registration, or at such polls of election, or full and free
+ access and egress to and from any such place of registration
+ or poll of election, or in going to and from any such place
+ of registration or poll of election, or to and from any room
+ where any such registration or election or canvass of votes,
+ or of making any returns or certificates thereof, may be had,
+ or who molests, interferes with, removes, or ejects from
+ any such place of registration or poll of election, or
+ of canvassing votes cast thereat, or of making returns or
+ certificates thereof, any supervisor of election, the marshal
+ or his general or special deputies, or either of them, or
+ who threatens, or attempts or offers so to do, or refuses or
+ neglects to aid and assist any supervisor of election, or the
+ marshal or his general or special deputies, or either of them,
+ in the performance of his or their duties, when required
+ by him or them, or either of them, to give such aid and
+ assistance, shall be liable to instant arrest without process,
+ and shall be punished by imprisonment not more than two years,
+ or by a fine of not more than $3,000, or by both such fine and
+ imprisonment, and shall pay the cost of the prosecution.
+</p>
+<p>
+ The Supreme Court of the United States, in the recent case of <i>Ex
+ parte</i> Siebold and others, decided at the October term, 1879, on
+ the question raised in the case as to the constitutionality of the
+ sections of the Revised Statutes above quoted, uses the following
+ language:
+</p>
+<p class="q">
+ These portions of the Revised Statutes are taken from the act
+ commonly known as the enforcement act, approved May 31, 1870,
+ and entitled "An act to enforce the right of citizens of the
+ United States to vote in the several States of this Union,
+ and for other purposes," and from the supplement to that
+ act, approved February 28, 1871. They relate to elections of
+ members of the House of Representatives, and were an assertion
+ on the part of Congress of a power to pass laws for regulating
+ and superintending said elections and for securing the purity
+ thereof and the rights of citizens to vote thereat peaceably
+ and without molestation.
+</p><p class="q">
+ It must be conceded to be a most important power, and of a
+ fundamental character. In the light of recent history and of
+ the violence, fraud, corruption, and irregularity which have
+ frequently prevailed at such elections, it may easily be
+ conceived that the exertion of the power, if it exists, may be
+ necessary to the stability of our form of government.
+</p><p class="q">
+ The greatest difficulty in coming to a just conclusion arises
+ from mistaken notions with regard to the relations which
+ subsist between the State and National Governments. * * *
+</p><p class="q">
+ It seems to be often overlooked that a national constitution
+ has been adopted in this country, establishing a real
+ government therein, operating upon persons and territory and
+ things, and which, moreover, is, or should be, as dear to
+ every American citizen as his State government is. Whenever
+ the true conception of the nature of this Government is
+ once conceded, no real difficulty will arise in the just
+ interpretation of its powers; but if we allow ourselves to
+ regard it as a hostile organization, opposed to the proper
+ sovereignty and dignity of the State governments, we shall
+ continue to be vexed with difficulties as to its jurisdiction
+ and authority. No greater jealousy is required to be exercised
+ toward this Government in reference to the preservation of
+ our liberties than is proper to be exercised toward the State
+ governments. Its powers are limited in number and clearly
+ defined, and its action within the scope of those powers is
+ restrained by a sufficiently rigid bill of rights for the
+ protection of its citizens from oppression. The true interests
+ of the people of this country require that both the National
+ and State Governments should be allowed, without jealous
+ interference on either side, to exercise all the powers which
+ respectively belong to them according to a fair and practical
+ construction of the Constitution. State rights and the rights
+ of the United States should be equally respected. Both
+ are essential to the preservation of our liberties and
+ the perpetuity of our institutions. But in endeavoring to
+ vindicate the one we should not allow our zeal to nullify or
+ impair the other. * * *
+</p><p class="q">
+ The true doctrine, as we conceive, is this, that while the
+ States are really sovereign as to all matters which have not
+ been granted to the jurisdiction and control of the United
+ States, the Constitution and constitutional laws of the latter
+ are, as we have already said, the supreme law of the land,
+ and when they conflict with the laws of the States they are
+ of paramount authority and obligation. This is the fundamental
+ principle on which the authority of the Constitution is based,
+ and unless it be conceded in practice as well as theory the
+ fabric of our institutions, as it was contemplated by its
+ founders, can not stand. The questions involved have respect
+ not more to the autonomy and existence of the States than to
+ the continued existence of the United States as a government
+ to which every American citizen may look for security and
+ protection in every part of the land. * * *
+</p><p class="q">
+ Why do we have marshals at all if they can not physically lay
+ their hands on persons and things in the performance of their
+ proper duties? What functions can they perform if they can not
+ use force? In executing the process of the courts must they
+ call on the nearest constable for protection? Must they rely
+ on him to use the requisite compulsion and to keep the peace
+ while they are soliciting and entreating the parties and
+ bystanders to allow the law to take its course? This is the
+ necessary consequence of the positions that are assumed. If
+ we indulge in such impracticable views as these, and keep
+ on refining and re-refining, we shall drive the National
+ Government out of the United States and relegate it to the
+ District of Columbia, or perhaps to some foreign soil. We
+ shall bring it back to a condition of greater helplessness
+ than that of the old Confederation.
+</p><p class="q">
+ The argument is based on a strained and impracticable view
+ of the nature and powers of the National Government. It must
+ execute its powers or it is no government. It must execute
+ them on the land as well as on the sea, on things as well as
+ on persons. And to do this it must necessarily have power to
+ command obedience, preserve order, and keep the peace; and
+ no person or power in this land has the right to resist or
+ question its authority so long as it keeps within the bounds
+ of its jurisdiction.
+</p>
+<p>
+ I have deemed it fitting and proper to quote thus largely from an
+ important and elaborate opinion of the Supreme Court because the bill
+ before me proceeds upon a construction of the Constitution as to the
+ powers of the National Government which is in direct conflict with the
+ judgment of the highest judicial tribunal of our country.
+</p>
+<p>
+ Under the sections of the present law above quoted officers of the
+ United States are authorized, and it is their duty in the case of
+ Congressional elections, to keep the peace at the polls and at the
+ places of registration; to arrest immediately any person who is guilty
+ of crimes against the United States election laws; to protect all
+ officers of elections in the performance of their duties; and
+ whenever an arrest is made to bring the person so arrested before a
+ commissioner, judge, or court of the United States for examination of
+ the offenses alleged against him. "Such special deputy marshals as are
+ specially empowered thereto by the marshal in writing," if forcibly
+ resisted, may call to their aid the bystanders or <i>posse comitatus</i>.
+ It is made a crime punishable with fine or imprisonment to hinder,
+ assault, or otherwise interfere with the marshal or "his special
+ deputies," or to threaten or to attempt so to do. If any person
+ appointed such special deputy marshal has taken the oath of office and
+ thereafter neglects or refuses to fully discharge the duties of such
+ office, he is punishable not only by removal from office, but by fine
+ and imprisonment. The functions of the special deputy marshals
+ now provided for by law being executive, they are placed under the
+ authority of the well-known chief executive officer of the courts
+ of the United States. They are in fact, and not merely in name, the
+ deputies of the marshal, and he and his bondsmen are responsible for
+ them. A civil force for the execution of the law is thus instituted in
+ accordance with long-established and familiar usage, which is simple,
+ effective, and under a responsible head. The necessity for the
+ possession of these powers by appropriate officers will not be called
+ in question by intelligent citizens who appreciate the importance of
+ peaceable, orderly, and lawful elections. Similar powers are conferred
+ and exercised under State laws with respect to State elections. The
+ executive officers of the United States under the existing laws have
+ no other or greater power to supervise and control the conduct of the
+ Congressional elections than the State executive officers exercise in
+ regard to State elections.
+</p>
+<p>
+ The bill before me changes completely the present law by substituting
+ for the special deputy marshals of the existing statutes new officers
+ hitherto unknown to the law, and who lack the power, responsibility,
+ and protection which are essential to enable them to act efficiently
+ as executive officers.
+</p>
+<p>
+ The bill under consideration is as follows:
+</p>
+<p class="q">
+ <i>Be it enacted by the Senate and House of Representatives of
+ the United States of America in Congress assembled</i>, That
+ from and after the passage of this act the pay of all deputy
+ marshals for services in reference to any election shall be $5
+ for each day of actual service, and no more.
+</p><p class="q">
+ SEC. 2. That all deputy marshals to serve in reference to any
+ election shall be appointed by the circuit court of the United
+ States for the district in which such marshals are to perform
+ their duties in each year; and the judges of the several
+ circuit courts of the United States are hereby authorized to
+ open their respective courts at any time for that purpose; and
+ in case the circuit courts shall not be open for that purpose
+ at least ten days prior to a registration, if there be one,
+ or, if no registration be required, then at least ten days
+ before such election, the judges of the district courts of
+ the United States are hereby respectively authorized to cause
+ their courts to be opened for the purpose of appointing such
+ deputy marshals, who shall be appointed by the said district
+ courts; and the officers so appointed shall be in equal
+ numbers from the different political parties, and shall be
+ well-known citizens, of good moral character, and actual
+ residents of the voting precincts in which their duties are
+ to be performed, and shall not be candidates for any office
+ at such election; and all laws and parts of laws inconsistent
+ with this act are hereby repealed: <i>Provided</i>, That the
+ marshals of the United States for whom deputies shall be
+ appointed by the court under this act shall not be liable for
+ any of the acts of such deputies.
+</p>
+<p>
+ It will be observed that the deputy marshals proposed by the bill
+ before me are distinctly different officers from the special deputies
+ of the marshal, as such officers are now provided for in the statutes.
+ This bill does not connect the new officers with the existing laws
+ relating to special deputy marshals so as to invest the proposed
+ deputy marshals with the same powers, to impose upon them the same
+ duties, and to give them the same protection by means of the criminal
+ laws. When new officers are created, distinct in character and
+ appointed by different authority, although similar in name to
+ officers already provided for, such officers are not held by similar
+ responsibilities to the criminal law, do not possess the same powers,
+ and are not similarly protected unless it is expressly so provided by
+ legislation.
+</p>
+<p>
+ The so-called deputy marshals provided for in this bill will have no
+ executive head. The marshal can neither appoint nor remove them. He
+ can not control them, and he is not responsible for them. They will
+ have no authority to call to their aid, if resisted, the <i>posse
+ comitatus</i>. They are protected by no criminal statutes in the
+ performance of their duties. An assault upon one of these deputies
+ with the intent to prevent a lawful election will be no more than an
+ ordinary assault upon any other citizen. They can not keep the peace.
+ They can not make arrests when crimes are committed in their presence.
+ Whatever powers they have are confined to the precincts in which they
+ reside. Outside of the precincts for which they are appointed the
+ deputy marshals of this bill can not keep the peace, make arrests,
+ hold prisoners, take prisoners before a proper tribunal for hearing,
+ nor perform any other duty. No oaths of office are required of them,
+ and they give no bond. They have no superior who is responsible for
+ them, and they are not punishable for neglect of duty or misconduct in
+ office. In all these respects this bill makes a radical change between
+ the powers of the United States officers at national elections and the
+ powers uniformly possessed and exercised by State officers at State
+ elections. This discrimination against the authority of the United
+ States is a departure from the usage of the Government established by
+ precedents beginning with the earliest statutes on the subject, and
+ violates the true principles of the Constitution. The Supreme Court,
+ in the decision already referred to, says:
+</p>
+<p class="q">
+ It is argued that the preservation of peace and good order in
+ society is not within the powers confided to the Government of
+ the United States, but belongs exclusively to the States. Here
+ again we are met with the theory that the Government of the
+ United States does not rest upon the soil and territory of
+ the country. We think that this theory is founded on an entire
+ misconception of the nature and powers of that Government.
+ We hold it to be an incontrovertible principle that the
+ Government of the United States may, by means of physical
+ force, exercised through its official agents, execute on every
+ foot of American soil the powers and functions that belong to
+ it. This necessarily involves the power to command obedience
+ to its laws, and hence the power to keep the peace to that
+ extent.
+</p><p class="q">
+ This power to enforce its laws and to execute its functions
+ in all places does not derogate from the power of the State to
+ execute its laws at the same time and in the same places. The
+ one does not exclude the other, except where both can not
+ be executed at the same time. In that case the words of the
+ Constitution itself show which is to yield. "This Constitution
+ and all laws which shall be made in pursuance thereof * * *
+ shall be the supreme law of the land."
+</p>
+<p>
+ In conclusion it is proper to say that no objection would be made to
+ the appointment of officers to act with reference to the elections by
+ the courts of the United States, and that I am in favor of appointing
+ officers to supervise and protect the elections without regard to
+ party; but the bill before me, while it recognizes the power and duty
+ of the United States to provide officers to guard and scrutinize the
+ Congressional elections, fails to adapt its provisions to the existing
+ laws so as to secure efficient supervision and protection. It is
+ therefore returned to the Senate, in which it originated, for that
+ further consideration which is contemplated by the Constitution.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has become known to me that certain evil-disposed persons
+ have within the territory and jurisdiction of the United States begun
+ and set on foot preparations for an organized and forcible possession
+ of and settlement upon the lands of what is known as the Indian
+ Territory, west of the State of Arkansas, which Territory is
+ designated, recognized, and described by the treaties and laws of the
+ United States and by the executive authorities as Indian country, and
+ as such is only subject to occupation by Indian tribes, officers of
+ the Indian Department, military posts, and such persons as may be
+ privileged to reside and trade therein under the intercourse laws of
+ the United States; and
+</p>
+<p>
+ Whereas those laws provide for the removal of all persons residing and
+ trading therein without express permission of the Indian Department
+ and agents, and also of all persons whom such agents may deem to be
+ improper persons to reside in the Indian country; and
+</p>
+<p>
+ Whereas, in aid and support of such organized movement, it has been
+ represented that no further action will be taken by the Government to
+ prevent persons from going into said territory and settling therein,
+ but such representations are wholly without authority:
+</p>
+<p>
+ Now, therefore, for the purpose of properly protecting the interests
+ of the Indian nations and tribes, as well as of the United States, in
+ said Indian Territory, and of duly enforcing the laws governing the
+ same, I, Rutherford B. Hayes, President of the United States, do
+ admonish and warn all such persons so intending or preparing to remove
+ upon said lands or into said Territory without permission of the
+ proper agent of the Indian Department against any attempt to so remove
+ or settle upon any of the lands of said Territory; and I do further
+ warn and notify any and all such persons who may so offend that they
+ will be speedily and immediately removed therefrom by the agent,
+ according to the laws made and provided, and that no efforts will be
+ spared to prevent the invasion of said Territory, rumors spread
+ by evil-disposed persons to the contrary notwithstanding; and if
+ necessary the aid and assistance of the military forces of the United
+ States will be invoked to carry into proper execution the laws of the
+ United States herein referred to.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 12th day of February, A.D. 1880,
+ and of the Independence of the United States the one hundred and
+ fourth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ At no period in their history since the United States became a nation
+ has this people had so abundant and so universal reasons for joy and
+ gratitude at the favor of Almighty God or been subject to so profound
+ an obligation to give thanks for His loving kindness and humbly to
+ implore His continued care and protection.
+</p>
+<p>
+ Health, wealth, and prosperity throughout all our borders; peace,
+ honor, and friendship with all the world; firm and faithful adherence
+ by the great body of our population to the principles of liberty and
+ justice which have made our greatness as a nation, and to the wise
+ institutions and strong frame of government and society which will
+ perpetuate it&mdash;for all these let the thanks of a happy and united
+ people, as with one voice, ascend in devout homage to the Giver of All
+ Good.
+</p>
+<p>
+ I therefore recommend that on Thursday, the 25th 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.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 1st day of November, A.D. 1880,
+ and of the Independence of the United States the one hundred and
+ fifth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas satisfactory evidence has been given to me by the Government
+ of His Majesty the Emperor of China that no discriminating duties of
+ tonnage or imposts are imposed or levied in the ports of that nation
+ upon vessels wholly belonging to citizens of the United States, or
+ upon the produce, manufactures, or merchandise imported in the same:
+</p>
+<p>
+ Therefore, I, Rutherford B. Hayes, President of the United States of
+ America, by virtue of the authority in me vested by law, do hereby
+ declare and proclaim that the foreign discriminating duties of tonnage
+ and impost within the United States are and shall be suspended and
+ discontinued so far as respects the vessels of China and the produce,
+ manufactures, and merchandise imported therein into the United
+ States from China, or from any other foreign country, so long as
+ the exemption aforesaid on the part of China of vessels belonging to
+ citizens of the United States and their cargoes shall be continued and
+ no longer.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 23d day of November, A.D. 1880,
+ and of the Independence of the United States of America the one
+ hundred and fifth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDER.
+</h2>
+<center>
+ [From the Evening Star, Washington, D.C., May 27, 1880.]
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., May 27, 1880</i>.
+</p>
+<p>
+ DEAR SIR:<a href="#note-41"><small>41</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Saturday, the 29th
+ instant, in remembrance of those who fell in defense of the nation,
+ and to enable the employees to participate in the commemorative
+ ceremonies of the day.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br>
+ <i>Private Secretary</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ FOURTH ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 6, 1880</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ I congratulate you on the continued and increasing prosperity of our
+ country. By the favor of Divine Providence we have been blessed during
+ the past year with health, with abundant harvests, with profitable
+ employment for all our people, and with contentment at home, and
+ with peace and friendship with other nations. The occurrence of
+ the twenty-fourth election of Chief Magistrate has afforded another
+ opportunity to the people of the United States to exhibit to the world
+ a significant example of the peaceful and safe transmission of the
+ power and authority of government from the public servants whose terms
+ of office are about to expire to their newly chosen successors. This
+ example can not fail to impress profoundly thoughtful people of other
+ countries with the advantages which republican institutions afford.
+ The immediate, general, and cheerful acquiescence of all good citizens
+ in the result of the election gives gratifying assurance to our
+ country and to its friends throughout the world that a government
+ based on the free consent of an intelligent and patriotic people
+ possesses elements of strength, stability, and permanency not found in
+ any other form of government.
+</p>
+<p>
+ Continued opposition to the full and free enjoyment of the rights of
+ citizenship conferred upon the colored people by the recent amendments
+ to the Constitution still prevails in several of the late slaveholding
+ States. It has, perhaps, not been manifested in the recent election to
+ any large extent in acts of violence or intimidation. It has, however,
+ by fraudulent practices in connection with the ballots, with the
+ regulations as to the places and manner of voting, and with counting,
+ returning, and canvassing the votes cast, been successful in defeating
+ the exercise of the right preservative of all rights&mdash;the right
+ of suffrage&mdash;which the Constitution expressly confers upon our
+ enfranchised citizens.
+</p>
+<p>
+ It is the desire of the good people of the whole country that
+ sectionalism as a factor in our politics should disappear. They prefer
+ that no section of the country should be united in solid opposition
+ to any other section. The disposition to refuse a prompt and hearty
+ obedience to the equal-rights amendments to the Constitution is all
+ that now stands in the way of a complete obliteration of sectional
+ lines in our political contests. As long as either of these amendments
+ is flagrantly violated or disregarded, it is safe to assume that
+ the people who placed them in the Constitution, as embodying the
+ legitimate results of the war for the Union, and who believe them to
+ be wise and necessary, will continue to act together and to insist
+ that they shall be obeyed. The paramount question still is as to the
+ enjoyment of the right by every American citizen who has the requisite
+ qualifications to freely cast his vote and to have it honestly
+ counted. With this question rightly settled, the country will be
+ relieved of the contentions of the past; bygones will indeed be
+ bygones, and political and party issues, with respect to economy
+ and efficiency of administration, internal improvements, the tariff,
+ domestic taxation, education, finance, and other important subjects,
+ will then receive their full share of attention; but resistance to
+ and nullification of the results of the war will unite together in
+ resolute purpose for their support all who maintain the authority of
+ the Government and the perpetuity of the Union, and who adequately
+ appreciate the value of the victory achieved. This determination
+ proceeds from no hostile sentiment or feeling to any part of the
+ people of our country or to any of their interests. The inviolability
+ of the amendments rests upon the fundamental principle of our
+ Government. They are the solemn expression of the will of the people
+ of the United States.
+</p>
+<p>
+ The sentiment that the constitutional rights of all our citizens must
+ be maintained does not grow weaker. It will continue to control the
+ Government of the country. Happily, the history of the late election
+ shows that in many parts of the country where opposition to the
+ fifteenth amendment has heretofore prevailed it is diminishing, and is
+ likely to cease altogether if firm and well-considered action is taken
+ by Congress. I trust the House of Representatives and the Senate,
+ which have the right to judge of the elections, returns, and
+ qualifications of their own members, will see to it that every case
+ of violation of the letter or spirit of the fifteenth amendment is
+ thoroughly investigated, and that no benefit from such violation shall
+ accrue to any person or party. It will be the duty of the Executive,
+ with sufficient appropriations for the purpose, to prosecute
+ unsparingly all who have been engaged in depriving citizens of the
+ rights guaranteed to them by the Constitution.
+</p>
+<p>
+ It is not, however, to be forgotten that the best and surest guaranty
+ of the primary rights of citizenship is to be found in that capacity
+ for self-protection which can belong only to a people whose right to
+ universal suffrage is supported by universal education. The means
+ at the command of the local and State authorities are in many cases
+ wholly inadequate to furnish free instruction to all who need it.
+ This is especially true where before emancipation the education of the
+ people was neglected or prevented, in the interest of slavery. Firmly
+ convinced that the subject of popular education deserves the earnest
+ attention of the people of the whole country, with a view to wise
+ and comprehensive action by the Government of the United States, I
+ respectfully recommend that Congress, by suitable legislation and
+ with proper safeguards, supplement the local educational funds in
+ the several States where the grave duties and responsibilities of
+ citizenship have been devolved on uneducated people by devoting to
+ the purpose grants of the public lands and, if necessary, by
+ appropriations from the Treasury of the United States. Whatever
+ Government can fairly do to promote free popular education ought to be
+ done. Wherever general education is found, peace, virtue, and social
+ order prevail and civil and religious liberty are secure.
+</p>
+<p>
+ In my former annual messages I have asked the attention of Congress to
+ the urgent necessity of a reformation of the civil-service system
+ of the Government. My views concerning the dangers of patronage,
+ or appointments for personal or partisan considerations, have been
+ strengthened by my observation and experience in the Executive office,
+ and I believe these dangers threaten the stability of the Government.
+ Abuses so serious in their nature can not be permanently tolerated.
+ They tend to become more alarming with the enlargement of
+ administrative service, as the growth of the country in population
+ increases the number of officers and placemen employed.
+</p>
+<p>
+ The reasons are imperative for the adoption of fixed rules for the
+ regulation of appointments, promotions, and removals, establishing
+ a uniform method having exclusively in view in every instance the
+ attainment of the best qualifications for the position in question.
+ Such a method alone is consistent with the equal rights of all
+ citizens and the most economical and efficient administration of the
+ public business.
+</p>
+<p>
+ Competitive examinations in aid of impartial appointments and
+ promotions have been conducted for some years past in several of
+ the Executive Departments, and by my direction this system has been
+ adopted in the custom-houses and post-offices of the larger cities of
+ the country. In the city of New York over 2,000 positions in the civil
+ service have been subject in their appointments and tenure of place to
+ the operation of published rules for this purpose during the past
+ two years. The results of these practical trials have been very
+ satisfactory, and have confirmed my opinion in favor of this system of
+ selection. All are subjected to the same tests, and the result is free
+ from prejudice by personal favor or partisan influence. It secures for
+ the position applied for the best qualifications attainable among the
+ competing applicants. It is an effectual protection from the pressure
+ of importunity, which under any other course pursued largely exacts
+ the time and attention of appointing officers, to their great
+ detriment in the discharge of other official duties, preventing the
+ abuse of the service for the mere furtherance of private or party
+ purposes, and leaving the employee of the Government, freed from the
+ obligations imposed by patronage, to depend solely upon merit for
+ retention and advancement, and with this constant incentive to
+ exertion and improvement.
+</p>
+<p>
+ These invaluable results have been attained in a high degree in the
+ offices where the rules for appointment by competitive examination
+ have been applied.
+</p>
+<p>
+ A method which has so approved itself by experimental tests at
+ points where such tests may be fairly considered conclusive should be
+ extended to all subordinate positions under the Government. I believe
+ that a strong and growing public sentiment demands immediate measures
+ for securing and enforcing the highest possible efficiency in the
+ civil service and its protection from recognized abuses, and that
+ the experience referred to has demonstrated the feasibility of such
+ measures.
+</p>
+<p>
+ The examinations in the custom-houses and post-offices have been held
+ under many embarrassments and without provision for compensation for
+ the extra labor performed by the officers who have conducted them, and
+ whose commendable interest in the improvement of the public service
+ has induced this devotion of time and labor without pecuniary reward.
+ A continuance of these labors gratuitously ought not to be expected,
+ and without an appropriation by Congress for compensation it is not
+ practicable to extend the system of examinations generally throughout
+ the civil service. It is also highly important that all such
+ examinations should be conducted upon a uniform system and under
+ general supervision. Section 1753 of the Revised Statutes authorizes
+ the President to prescribe the regulations for admission to the civil
+ service of the United States, and for this purpose to employ suitable
+ persons to conduct the requisite inquiries with reference to "the
+ fitness of each candidate, in respect to age, health, character,
+ knowledge, and ability for the branch of service into which he seeks
+ to enter;" but the law is practically inoperative for want of the
+ requisite appropriation.
+</p>
+<p>
+ I therefore recommend an appropriation of $25,000 per annum to meet
+ the expenses of a commission, to be appointed by the President in
+ accordance with the terms of this section, whose duty it shall be
+ to devise a just, uniform, and efficient system of competitive
+ examinations and to supervise the application of the same throughout
+ the entire civil service of the Government. I am persuaded that the
+ facilities which such a commission will afford for testing the fitness
+ of those who apply for office will not only be as welcome a relief
+ to members of Congress as it will be to the President and heads of
+ Departments, but that it will also greatly tend to remove the causes
+ of embarrassment which now inevitably and constantly attend the
+ conflicting claims of patronage between the legislative and executive
+ departments. The most effectual check upon the pernicious competition
+ of influence and official favoritism in the bestowal of office will
+ be the substitution of an open competition of merit between the
+ applicants, in which everyone can make his own record with the
+ assurance that his success will depend upon this alone.
+</p>
+<p>
+ I also recommend such legislation as, while leaving every officer as
+ free as any other citizen to express his political opinions and to use
+ his means for their advancement, shall also enable him to feel as safe
+ as any private citizen in refusing all demands upon his salary for
+ political purposes. A law which should thus guarantee true liberty
+ and justice to all who are engaged in the public service, and likewise
+ contain stringent provisions against the use of official authority
+ to coerce the political action of private citizens or of official
+ subordinates, is greatly to be desired.
+</p>
+<p>
+ The most serious obstacle, however, to an improvement of the civil
+ service, and especially to a reform in the method of appointment and
+ removal, has been found to be the practice, under what is known as
+ the spoils system, by which the appointing power has been so largely
+ encroached upon by members of Congress. The first step in the reform
+ of the civil service must be a complete divorce between Congress and
+ the Executive in the matter of appointments. The corrupting
+ doctrine that "to the victors belong the spoils" is inseparable
+ from Congressional patronage as the established rule and practice of
+ parties in power. It comes to be understood by applicants for office
+ and by the people generally that Representatives and Senators are
+ entitled to disburse the patronage of their respective districts and
+ States. It is not necessary to recite at length the evils resulting
+ from this invasion of the Executive functions. The true principles of
+ Government on the subject of appointments to office, as stated in the
+ national conventions of the leading parties of the country, have again
+ and again been approved by the American people, and have not been
+ called in question in any quarter. These authentic expressions of
+ public opinion upon this all-important subject are the statement
+ of principles that belong to the constitutional structure of the
+ Government.
+</p>
+<p class="q">
+ Under the Constitution the President and heads of Departments
+ are to make nominations for office. The Senate is to advise
+ and consent to appointments, and the House of Representatives
+ is to accuse and prosecute faithless officers. The best
+ interest of the public service demands that these distinctions
+ be respected; that Senators and Representatives, who may
+ be judges and accusers, should not dictate appointments to
+ office.
+</p>
+<p>
+ To this end the cooperation of the legislative department of the
+ Government is required alike by the necessities of the case and by
+ public opinion. Members of Congress will not be relieved from the
+ demands made upon them with reference to appointments to office until
+ by legislative enactment the pernicious practice is condemned and
+ forbidden.
+</p>
+<p>
+ It is therefore recommended that an act be passed defining the
+ relations of members of Congress with respect to appointment to office
+ by the President; and I also recommend that the provisions of section
+ 1767 and of the sections following of the Revised Statutes, comprising
+ the tenure-of-office act of March 2, 1867, be repealed.
+</p>
+<p>
+ Believing that to reform the system and methods of the civil service
+ in our country is one of the highest and most imperative duties
+ of statesmanship, and that it can be permanently done only by the
+ cooperation of the legislative and executive departments of the
+ Government, I again commend the whole subject to your considerate
+ attention.
+</p>
+<p>
+ It is the recognized duty and purpose of the people of the United
+ States to suppress polygamy where it now exists in our Territories and
+ to prevent its extension. Faithful and zealous efforts have been made
+ by the United States authorities in Utah to enforce the laws against
+ it. Experience has shown that the legislation upon this subject, to be
+ effective, requires extensive modification and amendment. The longer
+ action is delayed the more difficult it will be to accomplish what
+ is desired. Prompt and decided measures are necessary. The Mormon
+ sectarian organization which upholds polygamy has the whole power of
+ making and executing the local legislation of the Territory. By its
+ control of the grand and petit juries it possesses large influence
+ over the administration of justice. Exercising, as the heads of this
+ sect do, the local political power of the Territory, they are able to
+ make effective their hostility to the law of Congress on the subject
+ of polygamy, and, in fact, do prevent its enforcement. Polygamy will
+ not be abolished if the enforcement of the law depends on those who
+ practice and uphold the crime. It can only be suppressed by taking
+ away the political power of the sect which encourages and sustains it.
+</p>
+<p>
+ The power of Congress to enact suitable laws to protect the
+ Territories is ample. It is not a case for halfway measures. The
+ political power of the Mormon sect is increasing. It controls now
+ one of our wealthiest and most populous Territories. It is extending
+ steadily into other Territories. Wherever it goes it establishes
+ polygamy and sectarian political power. The sanctity of marriage and
+ the family relation are the corner stone of our American society and
+ civilization. Religious liberty and the separation of church and state
+ are among the elementary ideas of free institutions. To reestablish
+ the interests and principles which polygamy and Mormonism have
+ imperiled, and to fully reopen to intelligent and virtuous immigrants
+ of all creeds that part of our domain which has been in a great degree
+ closed to general immigration by intolerant and immoral institutions,
+ it is recommended that the government of the Territory of Utah be
+ reorganized.
+</p>
+<p>
+ I recommend that Congress provide for the government of Utah by a
+ governor and judges, or commissioners, appointed by the President and
+ confirmed by the Senate&mdash;a government analogous to the provisional
+ government established for the territory northwest of the Ohio by
+ the ordinance of 1787. If, however, it is deemed best to continue the
+ existing form of local government, I recommend that the right to vote,
+ hold office, and sit on juries in the Territory of Utah be confined to
+ those who neither practice nor uphold polygamy. If thorough measures
+ are adopted, it is believed that within a few years the evils which
+ now afflict Utah will be eradicated, and that this Territory will in
+ good time become one of the most prosperous and attractive of the new
+ States of the Union.
+</p>
+<p>
+ Our relations with all foreign countries have been those of
+ undisturbed peace, and have presented no occasion for concern as to
+ their continued maintenance.
+</p>
+<p>
+ My anticipation of an early reply from the British Government to the
+ demand of indemnity to our fishermen for the injuries suffered by that
+ industry at Fortune Bay in January, 1878, which I expressed in my last
+ annual message, was disappointed. This answer was received only in the
+ latter part of April in the present year, and when received exhibited
+ a failure of accord between the two Governments as to the measure of
+ the inshore fishing privilege secured to our fishermen by the treaty
+ of Washington of so serious a character that I made it the subject of
+ a communication to Congress, in which I recommended the adoption of
+ the measures which seemed to me proper to be taken by this Government
+ in maintenance of the rights accorded to our fishermen under the
+ treaty and toward securing an indemnity for the injury these interests
+ had suffered. A bill to carry out these recommendations was under
+ consideration by the House of Representatives at the time of the
+ adjournment of Congress in June last.
+</p>
+<p>
+ Within a few weeks I have received a communication from Her Majesty's
+ Government renewing the consideration of the subject, both of the
+ indemnity for the injuries at Fortune Bay and of the interpretation
+ of the treaty in which the previous correspondence had shown the two
+ Governments to be at variance. Upon both these topics the disposition
+ toward a friendly agreement is manifested by a recognition of our
+ right to an indemnity for the transaction at Fortune Bay, leaving the
+ measure of such indemnity to further conference, and by an assent to
+ the view of this Government, presented in the previous correspondence,
+ that the regulation of conflicting interests of the shore fishery
+ of the provincial seacoasts and the vessel fishery of our fishermen
+ should be made the subject of conference and concurrent arrangement
+ between the two Governments.
+</p>
+<p>
+ I sincerely hope that the basis may be found for a speedy adjustment
+ of the very serious divergence of views in the interpretation of
+ the fishery clauses of the treaty of Washington, which, as the
+ correspondence between the two Governments stood at the close of the
+ last session of Congress, seemed to be irreconcilable.
+</p>
+<p>
+ In the important exhibition of arts and industries which was held last
+ year at Sydney, New South Wales, as well as in that now in progress
+ at Melbourne, the United States have been efficiently and honorably
+ represented. The exhibitors from this country at the former place
+ received a large number of awards in some of the most considerable
+ departments, and the participation of the United States was recognized
+ by a special mark of distinction. In the exhibition at Melbourne the
+ share taken by our country is no less notable, and an equal degree of
+ success is confidently expected.
+</p>
+<p>
+ The state of peace and tranquillity now enjoyed by all the nations
+ of the continent of Europe has its favorable influence upon our
+ diplomatic and commercial relations with them. We have concluded and
+ ratified a convention with the French Republic for the settlement of
+ claims of the citizens of either country against the other. Under this
+ convention a commission, presided over by a distinguished publicist,
+ appointed in pursuance of the request of both nations by His Majesty
+ the Emperor of Brazil, has been organized and has begun its sessions
+ in this city. A congress to consider means for the protection of
+ industrial property has recently been in session in Paris, to which
+ I have appointed the ministers of the United States in France and in
+ Belgium as delegates. The International Commission upon Weights and
+ Measures also continues its work in Paris. I invite your attention to
+ the necessity of an appropriation to be made in time to enable
+ this Government to comply with its obligations under the metrical
+ convention.
+</p>
+<p>
+ Our friendly relations with the German Empire continue without
+ interruption. At the recent International Exhibition of Fish
+ and Fisheries at Berlin the participation of the United States,
+ notwithstanding the haste with which the commission was forced to make
+ its preparations, was extremely successful and meritorious, winning
+ for private exhibitors numerous awards of a high class and for the
+ country at large the principal prize of honor offered by His Majesty
+ the Emperor. The results of this great success can not but be
+ advantageous to this important and growing industry. There have been
+ some questions raised between the two Governments as to the proper
+ effect and interpretation of our treaties of naturalization, but
+ recent dispatches from our minister at Berlin show that favorable
+ progress is making toward an understanding in accordance with the
+ views of this Government, which makes and admits no distinction
+ whatever between the rights of a native and a naturalized citizen of
+ the United States. In practice the complaints of molestation suffered
+ by naturalized citizens abroad have never been fewer than at present.
+</p>
+<p>
+ There is nothing of importance to note in our unbroken friendly
+ relations with the Governments of Austria-Hungary, Russia, Portugal,
+ Sweden and Norway, Switzerland, Turkey, and Greece.
+</p>
+<p>
+ During the last summer several vessels belonging to the merchant
+ marine of this country, sailing in neutral waters of the West Indies,
+ were fired at, boarded, and searched by an armed cruiser of the
+ Spanish Government. The circumstances as reported involve not only a
+ private injury to the persons concerned, but also seemed too little
+ observant of the friendly relations existing for a century between
+ this country and Spain. The wrong was brought to the attention of
+ the Spanish Government in a serious protest and remonstrance, and the
+ matter is undergoing investigation by the royal authorities with a
+ view to such explanation or reparation as may be called for by the
+ facts.
+</p>
+<p>
+ The commission sitting in this city for the adjudication of claims of
+ our citizens against the Government of Spain is, I hope, approaching
+ the termination of its labors.
+</p>
+<p>
+ The claims against the United States under the Florida treaty with
+ Spain were submitted to Congress for its action at the late session,
+ and I again invite your attention to this long-standing question, with
+ a view to a final disposition of the matter.
+</p>
+<p>
+ At the invitation of the Spanish Government, a conference has recently
+ been held at the city of Madrid to consider the subject of protection
+ by foreign powers of native Moors in the Empire of Morocco. The
+ minister of the United States in Spain was directed to take part
+ in the deliberations of this conference, the result of which is
+ a convention signed on behalf of all the powers represented. The
+ instrument will be laid before the Senate for its consideration. The
+ Government of the United States has also lost no opportunity to urge
+ upon that of the Emperor of Morocco the necessity, in accordance with
+ the humane and enlightened spirit of the age, of putting an end to the
+ persecutions, which have been so prevalent in that country, of
+ persons of a faith other than the Moslem, and especially of the Hebrew
+ residents of Morocco.
+</p>
+<p>
+ The consular treaty concluded with Belgium has not yet been officially
+ promulgated, owing to the alteration of a word in the text by the
+ Senate of the United States, which occasioned a delay, during which
+ the time allowed for ratification expired. The Senate will be asked to
+ extend the period for ratification.
+</p>
+<p>
+ The attempt to negotiate a treaty of extradition with Denmark failed
+ on account of the objection of the Danish Government to the usual
+ clause providing that each nation should pay the expense of the arrest
+ of the persons whose extradition it asks.
+</p>
+<p>
+ The provision made by Congress at its last session for the expense
+ of the commission which had been appointed to enter upon negotiations
+ with the Imperial Government of China on subjects of great interest
+ to the relations of the two countries enabled the commissioners
+ to proceed at once upon their mission. The Imperial Government was
+ prepared to give prompt and respectful attention to the matters
+ brought under negotiation, and the conferences proceeded with such
+ rapidity and success that on the 17th of November last two treaties
+ were signed at Peking, one relating to the introduction of Chinese
+ into this country and one relating to commerce. Mr. Trescot, one of
+ the commissioners, is now on his way home bringing the treaties, and
+ it is expected that they will be received in season to be laid before
+ the Senate early in January.
+</p>
+<p>
+ Our minister in Japan has negotiated a convention for the reciprocal
+ relief of shipwrecked seamen. I take occasion to urge once more
+ upon Congress the propriety of making provision for the erection of
+ suitable fireproof buildings at the Japanese capital for the use of
+ the American legation and the court-house and jail connected with
+ it. The Japanese Government, with great generosity and courtesy, has
+ offered for this purpose an eligible piece of land.
+</p>
+<p>
+ In my last annual message I invited the attention of Congress to the
+ subject of the indemnity funds received some years ago from China and
+ Japan. I renew the recommendation then made that whatever portions of
+ these funds are due to American citizens should be promptly paid
+ and the residue returned to the nations, respectively, to which they
+ justly and equitably belong.
+</p>
+<p>
+ The extradition treaty with the Kingdom of the Netherlands, which has
+ been for some time in course of negotiation, has during the past year
+ been concluded and duly ratified.
+</p>
+<p>
+ Relations of friendship and amity have been established between the
+ Government of the United States and that of Roumania. We have sent
+ a diplomatic representative to Bucharest, and have received at this
+ capital the special envoy who has been charged by His Royal Highness
+ Prince Charles to announce the independent sovereignty of Roumania. We
+ hope for a speedy development of commercial relations between the two
+ countries.
+</p>
+<p>
+ In my last annual message I expressed the hope that the prevalence of
+ quiet on the border between this country and Mexico would soon become
+ so assured as to justify the modification of the orders then in force
+ to our military commanders in regard to crossing the frontier, without
+ encouraging such disturbances as would endanger the peace of the two
+ countries. Events moved in accordance with these expectations, and the
+ orders were accordingly withdrawn, to the entire satisfaction of our
+ own citizens and the Mexican Government. Subsequently the peace of the
+ border was again disturbed by a savage foray under the command of
+ the Chief Victoria, but by the combined and harmonious action of the
+ military forces of both countries his band has been broken up and
+ substantially destroyed.
+</p>
+<p>
+ There is reason to believe that the obstacles which have so long
+ prevented rapid and convenient communication between the United States
+ and Mexico by railways are on the point of disappearing, and that
+ several important enterprises of this character will soon be set on
+ foot, which can not fail to contribute largely to the prosperity of
+ both countries.
+</p>
+<p>
+ New envoys from Guatemala, Colombia, Bolivia, Venezuela, and
+ Nicaragua have recently arrived at this capital, whose distinction and
+ enlightenment afford the best guaranty of the continuance of friendly
+ relations between ourselves and these sister Republics.
+</p>
+<p>
+ The relations between this Government and that of the United States of
+ Colombia have engaged public attention during the past year, mainly by
+ reason of the project of an interoceanic canal across the Isthmus of
+ Panama, to be built by private capital under a concession from
+ the Colombian Government for that purpose. The treaty obligations
+ subsisting between the United States and Colombia, by which we
+ guarantee the neutrality of the transit and the sovereignty and
+ property of Colombia in the Isthmus, make it necessary that the
+ conditions under which so stupendous a change in the region embraced
+ in this guaranty should be effected&mdash;transforming, as it would, this
+ Isthmus from a barrier between the Atlantic and Pacific oceans into a
+ gateway and thoroughfare between them for the navies and the merchant
+ ships of the world&mdash;should receive the approval of this Government, as
+ being compatible with the discharge of these obligations on our part
+ and consistent with our interests as the principal commercial power
+ of the Western Hemisphere. The views which I expressed in a special
+ message to Congress in March last in relation to this project I
+ deem it my duty again to press upon your attention. Subsequent
+ consideration has but confirmed the opinion "that it is the right and
+ duty of the United States to assert and maintain such supervision and
+ authority over any interoceanic canal across the isthmus that connects
+ North and South America as will protect our national interest."
+</p>
+<p>
+ The war between the Republic of Chile on the one hand and the allied
+ Republics of Peru and Bolivia on the other still continues. This
+ Government has not felt called upon to interfere in a contest that is
+ within the belligerent rights of the parties as independent states.
+ We have, however, always held ourselves in readiness to aid in
+ accommodating their difference, and have at different times reminded
+ both belligerents of our willingness to render such service.
+</p>
+<p>
+ Our good offices in this direction were recently accepted by all the
+ belligerents, and it was hoped they would prove efficacious; but I
+ regret to announce that the measures which the ministers of the United
+ States at Santiago and Lima were authorized to take with the view to
+ bring about a peace were not successful. In the course of the war some
+ questions have arisen affecting neutral rights. In all of these the
+ ministers of the United States have, under their instructions, acted
+ with promptness and energy in protection of American interests.
+</p>
+<p>
+ The relations of the United States with the Empire of Brazil continue
+ to be most cordial, and their commercial intercourse steadily
+ increases, to their mutual advantage.
+</p>
+<p>
+ The internal disorders with which the Argentine Republic has for some
+ time past been afflicted, and which have more or less influenced its
+ external trade, are understood to have been brought to a close. This
+ happy result may be expected to redound to the benefit of the foreign
+ commerce of that Republic, as well as to the development of its vast
+ interior resources.
+</p>
+<p>
+ In Samoa the Government of King Malietoa, under the support and
+ recognition of the consular representatives of the United States,
+ Great Britain, and Germany, seems to have given peace and tranquillity
+ to the islands. While it does not appear desirable to adopt as a whole
+ the scheme of tripartite local government which has been proposed, the
+ common interests of the three great treaty powers require harmony in
+ their relations to the native frame of government, and this may be
+ best secured by a simple diplomatic agreement between them. It would
+ be well if the consular jurisdiction of our representative at Apia
+ were increased in extent and importance so as to guard American
+ interests in the surrounding and outlying islands of Oceanica.
+</p>
+<p>
+ The obelisk generously presented by the Khedive of Egypt to the city
+ of New York has safely arrived in this country, and will soon be
+ erected in that metropolis. A commission for the liquidation of the
+ Egyptian debt has lately concluded its work, and this Government, at
+ the earnest solicitation of the Khedive, has acceded to the provisions
+ adopted by it, which will be laid before Congress for its information.
+ A commission for the revision of the judicial code of the
+ reform tribunal of Egypt is now in session in Cairo. Mr. Farman,
+ consul-general, and J.M. Batchelder, esq., have been appointed as
+ commissioners to participate in this work. The organization of the
+ reform tribunals will probably be continued for another period of five
+ years.
+</p>
+<p>
+ In pursuance of the act passed at the last session of Congress,
+ invitations have been extended to foreign maritime states to join in
+ a sanitary conference in Washington, beginning the 1st of January. The
+ acceptance of this invitation by many prominent powers gives promise
+ of success in this important measure, designed to establish a system
+ of international notification by which the spread of infectious or
+ epidemic diseases may be more effectively checked or prevented. The
+ attention of Congress is invited to the necessary appropriations for
+ carrying into effect the provisions of the act referred to.
+</p>
+<p>
+ The efforts of the Department of State to enlarge the trade and
+ commerce of the United States, through the active agency of consular
+ officers and through the dissemination of information obtained from
+ them, have been unrelaxed. The interest in these efforts, as developed
+ in our commercial communities, and the value of the information
+ secured by this means to the trade and manufactures of the country
+ were recognized by Congress at its last session, and provision was
+ made for the more frequent publication of consular and other reports
+ by the Department of State. The first issue of this publication has
+ now been prepared, and subsequent issues may regularly be expected.
+ The importance and interest attached to the reports of consular
+ officers are witnessed by the general demand for them by all classes
+ of merchants and manufacturers engaged in our foreign trade. It is
+ believed that the system of such publications is deserving of the
+ approval of Congress, and that the necessary appropriations for its
+ continuance and enlargement will commend itself to your consideration.
+</p>
+<p>
+ The prosperous energies of our domestic industries and their immense
+ production of the subjects of foreign commerce invite, and even
+ require, an active development of the wishes and interests of
+ our people in that direction. Especially important is it that our
+ commercial relations with the Atlantic and Pacific coasts of South
+ America, with the West Indies and the Gulf of Mexico, should be
+ direct, and not through the circuit of European systems, and should
+ be carried on in our own bottoms. The full appreciation of the
+ opportunities which our front on the Pacific Ocean gives to commerce
+ with Japan, China, and the East Indies, with Australia and the island
+ groups which lie along these routes of navigation, should inspire
+ equal efforts to appropriate to our own shipping and to administer by
+ our own capital a due proportion of this trade. Whatever modifications
+ of our regulations of trade and navigation may be necessary or useful
+ to meet and direct these impulses to the enlargement of our exchanges
+ and of our carrying trade I am sure the wisdom of Congress will be
+ ready to supply. One initial measure, however, seems to me so clearly
+ useful and efficient that I venture to press it upon your earnest
+ attention. It seems to be very evident that the provision of regular
+ steam postal communication by aid from government has been the
+ forerunner of the commercial predominance of Great Britain on all
+ these coasts and seas, a greater share in whose trade is now the
+ desire and the intent of our people. It is also manifest that the
+ efforts of other European nations to contend with Great Britain for a
+ share of this commerce have been successful in proportion with their
+ adoption of regular steam postal communication with the markets whose
+ trade they sought. Mexico and the States of South America are anxious
+ to receive such postal communication with this country and to aid in
+ their development. Similar cooperation may be looked for in due time
+ from the Eastern nations and from Australia. It is difficult to see
+ how the lead in this movement can be expected from private interests.
+ In respect of foreign commerce quite as much as in internal trade
+ postal communication seems necessarily a matter of common and public
+ administration, and thus pertaining to Government. I respectfully
+ recommend to your prompt attention such just and efficient measures as
+ may conduce to the development of our foreign commercial exchanges and
+ the building up of our carrying trade.
+</p>
+<p>
+ In this connection I desire also to suggest the very great service
+ which might be expected in enlarging and facilitating our commerce on
+ the Pacific Ocean were a transmarine cable laid from San Francisco to
+ the Sandwich Islands, and thence to Japan at the north and Australia
+ at the south. The great influence of such means of communication on
+ these routes of navigation in developing and securing the due share of
+ our Pacific Coast in the commerce of the world needs no illustration
+ or enforcement. It may be that such an enterprise, useful, and in the
+ end profitable, as it would prove to private investment, may need to
+ be accelerated by prudent legislation by Congress in its aid, and
+ I submit the matter to your careful consideration.
+</p>
+<p>
+ An additional and not unimportant, although secondary, reason for
+ fostering and enlarging the Navy may be found in the unquestionable
+ service to the expansion of our commerce which would be rendered by
+ the frequent circulation of naval ships in the seas and ports of all
+ quarters of the globe. Ships of the proper construction and equipment
+ to be of the greatest efficiency in case of maritime war might be made
+ constant and active agents in time of peace in the advancement and
+ protection of our foreign trade and in the nurture and discipline of
+ young seamen, who would naturally in some numbers mix with and improve
+ the crews of our merchant ships. Our merchants at home and abroad
+ recognize the value to foreign commerce of an active movement of our
+ naval vessels, and the intelligence and patriotic zeal of our naval
+ officers in promoting every interest of their countrymen is a just
+ subject of national pride.
+</p>
+<p>
+ The condition of the financial affairs of the Government, as shown by
+ the report of the Secretary of the Treasury, is very satisfactory. It
+ is believed that the present financial situation of the United States,
+ whether considered with respect to trade, currency, credit, growing
+ wealth, or the extent and variety of our resources, is more favorable
+ than that of any other country of our time, and has never been
+ surpassed by that of any country at any period of its history. All our
+ industries are thriving; the rate of interest is low; new railroads
+ are being constructed; a vast immigration is increasing our
+ population, capital, and labor; new enterprises in great number are
+ in progress, and our commercial relations with other countries are
+ improving.
+</p>
+<p>
+ The ordinary revenues from all sources for the fiscal year ended June
+ 30, 1880, were&mdash;
+</p>
+
+<table summary="" width="100%">
+<tr><td> From customs</td><td align="right">$186,522,064.60</td></tr>
+<tr><td> From internal revenue</td><td align="right">124,009,373.92</td></tr>
+<tr><td> From sales of public lands</td><td align="right">1,016,506.60</td></tr>
+<tr><td> From tax on circulation and deposits of national banks</td><td align="right">7,014,971.44</td></tr>
+<tr><td> From repayment of interest by Pacific Railway companies</td><td align="right">1,707,367.18</td></tr>
+<tr><td> From sinking fund for Pacific Railway companies</td><td align="right">786,621.22</td></tr>
+<tr><td> From customs fees, fines, penalties, etc.</td><td align="right">1,148,800.16</td></tr>
+<tr><td> From fees&mdash;consular, letters patent, and lands</td><td align="right">2,337,029.00</td></tr>
+<tr><td> From proceeds of sales of Government property</td><td align="right">282,616.50</td></tr>
+<tr><td> From profits on coinage, etc.</td><td align="right">2,792,186.78</td></tr>
+<tr><td> From revenues of the District of Columbia</td><td align="right">1,809,469.70</td></tr>
+<tr><td> From miscellaneous sources</td><td align="right">4,099,603.88</td></tr>
+<tr><td></td><td width="20%"><hr class="full"></td></tr>
+<tr><td> Total ordinary receipts</td><td align="right">333,526,610.98</td></tr>
+</table>
+
+<p>
+ The ordinary expenditures for the same period were&mdash;
+</p>
+
+<table summary="" width="100%">
+<tr><td> For civil expenses</td><td align="right">$15,693,963.55</td></tr>
+<tr><td> For foreign intercourse</td><td align="right">1,211,490.58</td></tr>
+<tr><td> For Indians</td><td align="right">5,945,457.09</td></tr>
+<tr><td> For pensions (including $19,341,025.20 arrears of pensions)</td><td align="right">56,777,174.44</td></tr>
+<tr><td> For the military establishment, including river and harbor improvements and arsenals</td><td align="right">38,116,916.22</td></tr>
+<tr><td> For the naval establishment, including vessels, machinery, and improvements at navy-yards</td><td align="right">13,536,984.74</td></tr>
+<tr><td> For miscellaneous expenditures, including public buildings, light-houses, and collecting the revenue</td><td align="right">34,535,691.00</td></tr>
+<tr><td> For expenditures on account of the District of Columbia</td><td align="right">3,272,384.63</td></tr>
+<tr><td> For interest on the public debt</td><td align="right">95,757,575.11</td></tr>
+<tr><td> For premium on bonds purchased</td><td align="right">2,795,320.42</td></tr>
+</table>
+
+<p>
+ leaving a surplus revenue of $65,883,653.20, which, with an amount
+ drawn from the cash balance in Treasury of $8,084,434.21, making
+ $73,968,087.41, was applied to the redemption&mdash;
+</p>
+
+<table summary="" width="100%">
+<tr><td> Of bonds for the sinking fund</td><td align="right">$73,652,900.00</td></tr>
+<tr><td> Of fractional currency</td><td align="right">251,717.41</td></tr>
+<tr><td> Of the loan of 1858</td><td align="right">40,000.00</td></tr>
+<tr><td> Of temporary loan</td><td align="right">100.00</td></tr>
+<tr><td> Of bounty-land scrip</td><td align="right">25.00</td></tr>
+<tr><td> Of compound-interest notes</td><td align="right">16,500.00</td></tr>
+<tr><td> Of 7.30 notes of 1864-65</td><td align="right">2,650.00</td></tr>
+<tr><td> Of one and two year notes</td><td align="right">3,700.00</td></tr>
+<tr><td> Of old demand notes</td><td align="right">495.00</td></tr>
+<tr><td></td><td width="20%"><hr class="full"></td></tr>
+<tr><td> Total</td><td align="right">73,968,087.41</td></tr>
+</table>
+
+<p>
+ The amount due the sinking fund for this year was $37,931,643.55.
+ There was applied thereto the sum of $73,904,617.41, being
+ $35,972,973.86 in excess of the actual requirements for the year.
+</p>
+<p>
+ The aggregate of the revenues from all sources during the fiscal
+ year ended June 30, 1880, was $333,526,610.98, an increase over the
+ preceding year of $59,699,426.52. The receipts thus far of the current
+ year, together with the estimated receipts for the remainder of the
+ year, amount to $350,000,000, which will be sufficient to meet the
+ estimated expenditures of the year and leave a surplus of $90,000,000.
+</p>
+<p>
+ It is fortunate that this large surplus revenue occurs at a period
+ when it may be directly applied to the payment of the public debt soon
+ to be redeemable. No public duty has been more constantly cherished
+ in the United States than the policy of paying the nation's debt as
+ rapidly as possible.
+</p>
+<p>
+ The debt of the United States, less cash in the Treasury and exclusive
+ of accruing interest, attained its maximum of $2,756,431,571.43
+ in August, 1865, and has since that time been reduced to
+ $1,886,019,504.65. Of the principal of the debt, $108,758,100 has been
+ paid since March 1, 1877, effecting an annual saving of interest of
+ $6,107,593. The burden of interest has also been diminished by the
+ sale of bonds bearing a low rate of interest and the application of
+ the proceeds to the redemption of bonds bearing a higher rate. The
+ annual saving thus secured since March 1, 1877, is $14,290,453.50.
+ Within a short period over six hundred millions of 5 and 6 per
+ cent bonds will become redeemable. This presents a very favorable
+ opportunity not only to further reduce the principal of the debt, but
+ also to reduce the rate of interest on that which will remain unpaid.
+ I call the attention of Congress to the views expressed on this
+ subject by the Secretary of the Treasury in his annual report, and
+ recommend prompt legislation to enable the Treasury Department to
+ complete the refunding of the debt which is about to mature.
+</p>
+<p>
+ The continuance of specie payments has not been interrupted or
+ endangered since the date of resumption. It has contributed greatly
+ to the revival of business and to our remarkable prosperity. The fears
+ that preceded and accompanied resumption have proved groundless. No
+ considerable amount of United States notes have been presented for
+ redemption, while very large sums of gold bullion, both domestic and
+ imported, are taken to the mints and exchanged for coin or notes. The
+ increase of coin and bullion in the United States since January 1,
+ 1879, is estimated at $227,399,428.
+</p>
+<p>
+ There are still in existence, uncanceled, $346,681,016 of United
+ States legal-tender notes. These notes were authorized as a war
+ measure, made necessary by the exigencies of the conflict in which
+ the United States was then engaged. The preservation of the nation's
+ existence required, in the judgment of Congress, an issue of
+ legal-tender paper money. That it served well the purpose for which
+ it was created is not questioned, but the employment of the notes as
+ paper money indefinitely, after the accomplishment of the object for
+ which they were provided, was not contemplated by the framers of the
+ law under which they were issued. These notes long since became, like
+ any other pecuniary obligation of the Government, a debt to be paid,
+ and when paid to be canceled as mere evidence of an indebtedness
+ no longer existing. I therefore repeat what was said in the annual
+ message of last year, that the retirement from circulation of United
+ States notes with the capacity of legal tender in private contracts is
+ a step to be taken in our progress toward a safe and stable currency
+ which should be accepted as the policy and duty of the Government and
+ the interest and security of the people.
+</p>
+<p>
+ At the time of the passage of the act now in force requiring the
+ coinage of silver dollars, fixing their value, and giving them
+ legal-tender character it was believed by many of the supporters of
+ the measure that the silver dollar which it authorized would speedily
+ become, under the operations of the law, of equivalent value to the
+ gold dollar. There were other supporters of the bill, who, while
+ they doubted as to the probability of this result, nevertheless were
+ willing to give the proposed experiment a fair trial, with a view to
+ stop the coinage if experience should prove that the silver dollar
+ authorized by the bill continued to be of less commercial value than
+ the standard gold dollar.
+</p>
+<p>
+ The coinage of silver dollars under the act referred to began in
+ March, 1878, and has been continued as required by the act. The
+ average rate per month to the present time has been $2,276,492. The
+ total amount coined prior to the 1st of November last was $72,847,750.
+ Of this amount $47,084,450 remain in the Treasury, and only
+ $25,763,291 are in the hands of the people. A constant effort has been
+ made to keep this currency in circulation, and considerable expense
+ has been necessarily incurred for this purpose; but its return to the
+ Treasury is prompt and sure. Contrary to the confident anticipation of
+ the friends of the measure at the time of its adoption, the value
+ of the silver dollar containing 412-1/2 grains of silver has
+ not increased. During the year prior to the passage of the bill
+ authorizing its coinage the market value of the silver which it
+ contained was from 90 to 92 cents as compared with the standard gold
+ dollar. During the last year the average market value of the silver
+ dollar has been 88-1/2 cents.
+</p>
+<p>
+ It is obvious that the legislation of the last Congress in regard to
+ silver, so far as it was based on an anticipated rise in the value
+ of silver as a result of that legislation, has failed to produce the
+ effect then predicted. The longer the law remains in force, requiring,
+ as it does, the coinage of a nominal dollar which in reality is not
+ a dollar, the greater becomes the danger that this country will be
+ forced to accept a single metal as the sole legal standard of value in
+ circulation, and this a standard of less value than it purports to be
+ worth in the recognized money of the world.
+</p>
+<p>
+ The Constitution of the United States, sound financial principles,
+ and our best interests all require that the country should have as its
+ legal-tender money both gold and silver coin of an intrinsic value,
+ as bullion, equivalent to that which upon its face it purports to
+ possess. The Constitution in express terms recognizes both gold and
+ silver as the only true legal-tender money. To banish either of these
+ metals from our currency is to narrow and limit the circulating medium
+ of exchange to the disparagement of important interests. The United
+ States produces more silver than any other country, and is directly
+ interested in maintaining it as one of the two precious metals which
+ furnish the coinage of the world. It will, in my judgment, contribute
+ to this result if Congress will repeal so much of existing legislation
+ as requires the coinage of silver dollars containing only 412-1/2
+ grains of silver, and in its stead will authorize the Secretary of the
+ Treasury to coin silver dollars of equivalent value, as bullion, with
+ gold dollars. This will defraud no man, and will be in accordance with
+ familiar precedents. Congress on several occasions has altered the
+ ratio of value between gold and silver, in order to establish it more
+ nearly in accordance with the actual ratio of value between the two
+ metals.
+</p>
+<p>
+ In financial legislation every measure in the direction of greater
+ fidelity in the discharge of pecuniary obligations has been found
+ by experience to diminish the rates of interest which debtors are
+ required to pay and to increase the facility with which money can
+ be obtained for every legitimate purpose. Our own recent financial
+ history shows how surely money becomes abundant whenever confidence
+ in the exact performance of moneyed obligations is established.
+</p>
+<p>
+ The Secretary of War reports that the expenditures of the
+ War Department for the fiscal year ended June 30, 1880, were
+ $39,924,773.03. The appropriations for this Department for the current
+ fiscal year amount to $41,993,630.40.
+</p>
+<p>
+ With respect to the Army, the Secretary invites attention to the fact
+ that its strength is limited by statute (U.S. Revised Statutes,
+ sec. 1115) to not more than 30,000 enlisted men, but that provisos
+ contained in appropriation bills have limited expenditures to the
+ enlistment of but 25,000. It is believed the full legal strength is
+ the least possible force at which the present organization can be
+ maintained, having in view efficiency, discipline, and economy. While
+ the enlistment of this force would add somewhat to the appropriation
+ for pay of the Army, the saving made in other respects would be more
+ than an equivalent for this additional outlay, and the efficiency of
+ the Army would be largely increased.
+</p>
+<p>
+ The rapid extension of the railroad system west of the Mississippi
+ River and the great tide of settlers which has flowed in upon new
+ territory impose on the military an entire change of policy. The
+ maintenance of small posts along wagon and stage routes of travel
+ is no longer necessary. Permanent quarters at points selected, of a
+ more substantial character than those heretofore constructed, will be
+ required. Under existing laws permanent buildings can not be erected
+ without the sanction of Congress, and when sales of military sites
+ and buildings have been authorized the moneys received have reverted
+ to the Treasury and could only become available through a new
+ appropriation. It is recommended that provision be made by a general
+ statute for the sale of such abandoned military posts and buildings as
+ are found to be unnecessary and for the application of the proceeds
+ to the construction of other posts. While many of the present posts
+ are of but slight value for military purposes, owing to the changed
+ condition of the country, their occupation is continued at great
+ expense and inconvenience, because they afford the only available
+ shelter for troops.
+</p>
+<p>
+ The absence of a large number of officers of the line, in active duty,
+ from their regiments is a serious detriment to the maintenance of
+ the service. The constant demand for small detachments, each of which
+ should be commanded by a commissioned officer, and the various details
+ of officers for necessary service away from their commands occasion
+ a scarcity in the number required for company duties. With a view to
+ lessening this drain to some extent, it is recommended that the law
+ authorizing the detail of officers from the active list as professors
+ of tactics and military science at certain colleges and universities
+ be so amended as to provide that all such details be made from the
+ retired list of the Army.
+</p>
+<p>
+ Attention is asked to the necessity of providing by legislation for
+ organizing, arming, and disciplining the <i>active</i> militia of the
+ country, and liberal appropriations are recommended in this behalf.
+ The reports of the Adjutant-General of the Army and the Chief of
+ Ordnance touching this subject fully set forth its importance.
+</p>
+<p>
+ The report of the officer in charge of education in the Army shows
+ that there are 78 schools now in operation in the Army, with an
+ aggregate attendance of 2,305 enlisted men and children. The Secretary
+ recommends the enlistment of 150 schoolmasters, with the rank and
+ pay of commissary-sergeants. An appropriation is needed to supply the
+ judge-advocates of the Army with suitable libraries, and the Secretary
+ recommends that the Corps of Judge-Advocates be placed upon the same
+ footing as to promotion with the other staff corps of the Army. Under
+ existing laws the Bureau of Military Justice consists of one officer
+ (the Judge-Advocate-General), and the Corps of Judge-Advocates of
+ eight officers of equal rank (majors), with a provision that the
+ limit of the corps shall remain at four when reduced by casualty
+ or resignation to that number. The consolidation of the Bureau of
+ Military Justice and the Corps of Judge-Advocates upon the same
+ basis with the other staff corps of the Army would remove an unjust
+ discrimination against deserving officers and subserve the best
+ interests of the service.
+</p>
+<p>
+ Especial attention is asked to the report of the Chief of Engineers
+ upon the condition of our national defenses. From a personal
+ inspection of many of the fortifications referred to, the Secretary
+ is able to emphasize the recommendations made and to state that their
+ incomplete and defenseless condition is discreditable to the country.
+ While other nations have been increasing their means for carrying on
+ offensive warfare and attacking maritime cities, we have been dormant
+ in preparation for defense. Nothing of importance has been done toward
+ strengthening and finishing our casemated works since our late civil
+ war, during which the great guns of modern warfare and the heavy armor
+ of modern fortifications and ships came into use among the nations;
+ and our earthworks, left by a sudden failure of appropriations some
+ years since in all stages of incompletion, are now being rapidly
+ destroyed by the elements.
+</p>
+<p>
+ The two great rivers of the North American continent, the Mississippi
+ and the Columbia, have their navigable waters wholly within the limits
+ of the United States, and are of vast importance to our internal and
+ foreign commerce. The permanency of the important work on the South
+ Pass of the Mississippi River seems now to be assured. There has been
+ no failure whatever in the maintenance of the maximum channel during
+ the six months ended August 9 last. This experiment has opened a
+ broad, deep highway to the ocean, and is an improvement upon the
+ permanent success of which congratulations may be exchanged among
+ people abroad and at home, and especially among the communities of
+ the Mississippi Valley, whose commercial exchanges float in an
+ unobstructed channel safely to and from the sea.
+</p>
+<p>
+ A comprehensive improvement of the Mississippi and its tributaries is
+ a matter of transcendent importance. These great waterways comprise
+ a system of inland transportation spread like network over a large
+ portion of the United States, and navigable to the extent of many
+ thousands of miles. Producers and consumers alike have a common
+ interest in such unequaled facilities for cheap transportation.
+ Geographically, commercially, and politically, they are the strongest
+ tie between the various sections of the country. These channels of
+ communication and interchange are the property of the nation.
+ Its jurisdiction is paramount over their waters, and the plainest
+ principles of public interest require their intelligent and careful
+ supervision, with a view to their protection, improvement, and the
+ enhancement of their usefulness.
+</p>
+<p>
+ The channel of the Columbia River for a distance of about 100 miles
+ from its mouth is obstructed by a succession of bars, which occasion
+ serious delays in navigation and heavy expense for lighterage and
+ towage. A depth of at least 20 feet at low tide should be secured
+ and maintained to meet the requirements of the extensive and growing
+ inland and ocean commerce it subserves. The most urgent need, however,
+ for this great waterway is a permanent improvement of the channel at
+ the mouth of the river.
+</p>
+<p>
+ From Columbia River to San Francisco, a distance of over 600 miles,
+ there is no harbor on our Pacific coast which can be approached
+ during stormy weather. An appropriation of $150,000 was made by the
+ Forty-fifth Congress for the commencement of a breakwater and harbor
+ of refuge, to be located at some point between the Straits of Fuca and
+ San Francisco at which the necessities of commerce, local and general,
+ will be best accommodated. The amount appropriated is thought to be
+ quite inadequate for the purpose intended. The cost of the work, when
+ finished, will be very great, owing to the want of natural advantages
+ for a site at any point on the coast between the designated limits,
+ and it has not been thought to be advisable to undertake the work
+ without a larger appropriation. I commend the matter to the attention
+ of Congress.
+</p>
+<p>
+ The completion of the new building for the War Department is urgently
+ needed, and the estimates for continuing its construction are
+ especially recommended.
+</p>
+<p>
+ The collections of books, specimens, and records constituting the Army
+ Medical Museum and Library are of national importance. The library
+ now contains about 51,500 volumes and 57,000 pamphlets relating to
+ medicine, surgery, and allied topics. The contents of the Army Medical
+ Museum consist of 22,000 specimens, and are unique in the completeness
+ with which both military surgery and the diseases of armies are
+ illustrated. Their destruction would be an irreparable loss, not only
+ to the United States, but to the world. There are filed in the Record
+ and Pension Division over 16,000 bound volumes of hospital records,
+ together with a great quantity of papers, embracing the original
+ records of the hospitals of our armies during the civil war. Aside
+ from their historical value, these records are daily searched for
+ evidence needed in the settlement of large numbers of pension and
+ other claims, for the protection of the Government against attempted
+ frauds, as well as for the benefit of honest claimants. These valuable
+ collections are now in a building which is peculiarly exposed to the
+ danger of destruction by fire. It is therefore earnestly recommended
+ that an appropriation be made for a new fireproof building, adequate
+ for the present needs and reasonable future expansion of these
+ valuable collections. Such a building should be absolutely fireproof;
+ no expenditure for mere architectural display is required. It is
+ believed that a suitable structure can be erected at a cost not to
+ exceed $250,000.
+</p>
+<p>
+ I commend to the attention of Congress the great services of the
+ Commander in Chief of our armies during the war for the Union, whose
+ wise, firm, and patriotic conduct did so much to bring that momentous
+ conflict to a close. The legislation of the United States contains
+ many precedents for the recognition of distinguished military merit,
+ authorizing rank and emoluments to be conferred for eminent services
+ to the country. An act of Congress authorizing the appointment of
+ a Captain-General of the Army, with suitable provisions relating to
+ compensation, retirement, and other details, would, in my judgment,
+ be altogether fitting and proper, and would be warmly approved by the
+ country.
+</p>
+<p>
+ The report of the Secretary of the Navy exhibits the successful and
+ satisfactory management of that Department during the last fiscal
+ year. The total expenditures for the year were $12,916,639.45, leaving
+ unexpended at the close of the year $2,141,682.23 of the amount of
+ available appropriations. The appropriations for the present fiscal
+ year, ending June 30, 1881, are $15,095,061.45, and the total
+ estimates for the next fiscal year, ending June 30, 1882, are
+ $15,953,751.61. The amount drawn by warrant from July 1, 1880, to
+ November 1, 1880, is $5,041,570.45.
+</p>
+<p>
+ The recommendation of the Secretary of the Navy that provision be made
+ for the establishment of some form of civil government for the people
+ of Alaska is approved. At present there is no protection of persons or
+ property in that Territory except such as is afforded by the officers
+ of the United States ship <i>Jamestown</i>. This vessel was dispatched to
+ Sitka because of the fear that without the immediate presence of the
+ national authority there was impending danger of anarchy. The steps
+ taken to restore order have been accepted in good faith by both white
+ and Indian inhabitants, and the necessity for this method of restraint
+ does not, in my opinion, now exist. If, however, the <i>Jamestown</i>
+ should be withdrawn, leaving the people, as at present, without the
+ ordinary judicial and administrative authority of organized local
+ government, serious consequences might ensue.
+</p>
+<p>
+ The laws provide only for the collection of revenue, the protection of
+ public property, and the transmission of the mails. The problem is to
+ supply a local rule for a population so scattered and so peculiar in
+ its origin and condition. The natives are reported to be teachable and
+ self-supporting, and if properly instructed doubtless would advance
+ rapidly in civilization, and a new factor of prosperity would be added
+ to the national life. I therefore recommend the requisite legislation
+ upon this subject.
+</p>
+<p>
+ The Secretary of the Navy has taken steps toward the establishment
+ of naval coaling stations at the Isthmus of Panama, to meet the
+ requirements of our commercial relations with Central and South
+ America, which are rapidly growing in importance. Locations eminently
+ suitable, both as regards our naval purposes and the uses of commerce,
+ have been selected, one on the east side of the Isthmus, at Chiriqui
+ Lagoon, in the Caribbean Sea, and the other on the Pacific coast, at
+ the Bay of Golfito. The only safe harbors, sufficiently commodious, on
+ the Isthmus are at these points, and the distance between them is less
+ than 100 miles. The report of the Secretary of the Navy concludes with
+ valuable suggestions with respect to the building up of our merchant
+ marine service, which deserve the favorable consideration of Congress.
+</p>
+<p>
+ The report of the Postmaster-General exhibits the continual growth and
+ the high state of efficiency of the postal service. The operations
+ of no Department of the Government, perhaps, represent with greater
+ exactness the increase in the population and the business of the
+ country. In 1860 the postal receipts were $8,518,067.40; in 1880 the
+ receipts were $33,315,479.34. All the inhabitants of the country are
+ directly and personally interested in having proper mail facilities,
+ and naturally watch the Post-Office very closely. This careful
+ oversight on the part of the people has proved a constant stimulus
+ to improvement. During the past year there was an increase of 2,134
+ post-offices, and the mail routes were extended 27,177 miles, making
+ an additional annual transportation of 10,804,191 miles. The
+ revenues of the postal service for the ensuing year are estimated
+ at $38,845,174.10, and the expenditures at $42,475,932, leaving a
+ deficiency to be appropriated out of the Treasury of $3,630,757.90.
+</p>
+<p>
+ The Universal Postal Union has received the accession of almost all
+ the countries and colonies of the world maintaining organized postal
+ services, and it is confidently expected that all the other countries
+ and colonies now outside the union will soon unite therewith, thus
+ realizing the grand idea and aim of the founders of the union of
+ forming, for purposes of international mail communication, a single
+ postal territory, embracing the world, with complete uniformity
+ of postal charges and conditions of international exchange for all
+ descriptions of correspondence. To enable the United States to do its
+ full share of this great work, additional legislation is asked by the
+ Postmaster-General, to whose recommendations especial attention is
+ called.
+</p>
+<p>
+ The suggestion of the Postmaster-General that it would be wise to
+ encourage, by appropriate legislation, the establishment of American
+ lines of steamers by our own citizens to carry the mails between our
+ own ports and those of Mexico, Central America, South America, and of
+ transpacific countries is commended to the serious consideration of
+ Congress.
+</p>
+<p>
+ The attention of Congress is also invited to the suggestions of the
+ Postmaster-General in regard to postal savings.
+</p>
+<p>
+ The necessity for additional provision to aid in the transaction of
+ the business of the Federal courts becomes each year more apparent.
+ The dockets of the Supreme Court and of the circuit courts in the
+ greater number of the circuits are encumbered with the constant
+ accession of cases. In the former court, and in many instances in
+ the circuit courts, years intervene before it is practicable to bring
+ cases to hearing.
+</p>
+<p>
+ The Attorney-General recommends the establishment of an intermediate
+ court of errors and appeals. It is recommended that the number of
+ judges of the circuit court in each circuit, with the exception of the
+ second circuit, should be increased by the addition of another
+ judge; in the second circuit, that two should be added; and that an
+ intermediate appellate court should be formed in each circuit, to
+ consist of the circuit judges and the circuit justice, and that in the
+ event of the absence of either of these judges the place of the absent
+ judge should be supplied by the judge of one of the district courts
+ in the circuit. Such an appellate court could be safely invested with
+ large jurisdiction, and its decisions would satisfy suitors in many
+ cases where appeals would still be allowed to the Supreme Court.
+ The expense incurred for this intermediate court will require a
+ very moderate increase of the appropriations for the expenses of the
+ Department of Justice. This recommendation is commended to the careful
+ consideration of Congress.
+</p>
+<p>
+ It is evident that a delay of justice, in many instances oppressive
+ and disastrous to suitors, now necessarily occurs in the Federal
+ courts, which will in this way be remedied.
+</p>
+<p>
+ The report of the Secretary of the Interior presents an elaborate
+ account of the operations of that Department during the past year. It
+ gives me great pleasure to say that our Indian affairs appear to be in
+ a more hopeful condition now than ever before. The Indians have made
+ gratifying progress in agriculture, herding, and mechanical pursuits.
+ Many who were a few years ago in hostile conflict with the Government
+ are quietly settling down on farms where they hope to make their
+ permanent homes, building houses and engaging in the occupations of
+ civilized life. The introduction of the freighting business among them
+ has been remarkably fruitful of good results, in giving many of
+ them congenial and remunerative employment and in stimulating their
+ ambition to earn their own support. Their honesty, fidelity, and
+ efficiency as carriers are highly praised. The organization of a
+ police force of Indians has been equally successful in maintaining law
+ and order upon the reservations and in exercising a wholesome moral
+ influence among the Indians themselves. I concur with the Secretary
+ of the Interior in the recommendation that the pay of this force be
+ increased, as an inducement to the best class of young men to enter
+ it.
+</p>
+<p>
+ Much care and attention has been devoted to the enlargement of
+ educational facilities for the Indians. The means available for this
+ important object have been very inadequate. A few additional boarding
+ schools at Indian agencies have been established and the erection
+ of buildings has been begun for several more; but an increase of the
+ appropriations for this interesting undertaking is greatly needed to
+ accommodate the large number of Indian children of school age. The
+ number offered by their parents from all parts of the country for
+ education in the Government schools is much larger than can be
+ accommodated with the means at present available for that purpose. The
+ number of Indian pupils at the normal school at Hampton, Va., under
+ the direction of General Armstrong, has been considerably increased,
+ and their progress is highly encouraging. The Indian school
+ established by the Interior Department in 1879 at Carlisle, Pa., under
+ the direction of Captain Pratt, has been equally successful. It has
+ now nearly 200 pupils of both sexes, representing a great variety
+ of the tribes east of the Rocky Mountains. The pupils in both these
+ institutions receive not only an elementary English education, but
+ are also instructed in housework, agriculture, and useful mechanical
+ pursuits. A similar school was established this year at Forest Grove,
+ Oreg., for the education of Indian youth on the Pacific Coast. In
+ addition to this, thirty-six Indian boys and girls were selected
+ from the Eastern Cherokees and placed in boarding schools in North
+ Carolina, where they are to receive an elementary English education
+ and training in industrial pursuits. The interest shown by Indian
+ parents, even among the so-called wild tribes, in the education of
+ their children is very gratifying, and gives promise that the results
+ accomplished by the efforts now making will be of lasting benefit.
+</p>
+<p>
+ The expenses of Indian education have so far been drawn from the
+ permanent civilization fund at the disposal of the Department of the
+ Interior, but the fund is now so much reduced that the continuance
+ of this beneficial work will in the future depend on specific
+ appropriations by Congress for the purpose; and I venture to express
+ the hope that Congress will not permit institutions so fruitful of
+ good results to perish for want of means for their support. On the
+ contrary, an increase of the number of such schools appears to me
+ highly advisable.
+</p>
+<p>
+ The past year has been unusually free from disturbances among the
+ Indian tribes. An agreement has been made with the Utes by which they
+ surrender their large reservation in Colorado in consideration of
+ an annuity to be paid to them, and agree to settle in severalty
+ on certain lands designated for that purpose, as farmers, holding
+ individual title to their land in fee-simple, inalienable for a
+ certain period. In this way a costly Indian war has been avoided,
+ which at one time seemed imminent, and for the first time in the
+ history of the country an Indian nation has given up its tribal
+ existence to be settled in severalty and to live as individuals under
+ the common protection of the laws of the country.
+</p>
+<p>
+ The conduct of the Indians throughout the country during the past
+ year, with but few noteworthy exceptions, has been orderly and
+ peaceful. The guerrilla warfare carried on for two years by Victoria
+ and his band of Southern Apaches has virtually come to an end by the
+ death of that chief and most of his followers on Mexican soil. The
+ disturbances caused on our northern frontier by Sitting Bull and his
+ men, who had taken refuge in the British dominions, are also likely
+ to cease. A large majority of his followers have surrendered to our
+ military forces, and the remainder are apparently in progress of
+ disintegration.
+</p>
+<p>
+ I concur with the Secretary of the Interior in expressing the earnest
+ hope that Congress will at this session take favorable action on
+ the bill providing for the allotment of lands on the different
+ reservations in severalty to the Indians, with patents conferring
+ fee-simple title inalienable for a certain period, and the eventual
+ disposition of the residue of the reservations for general settlement,
+ with the consent and for the benefit of the Indians, placing the
+ latter under the equal protection of the laws of the country. This
+ measure, together with a vigorous prosecution of our educational
+ efforts, will work the most important and effective advance toward the
+ solution of the Indian problem, in preparing for the gradual merging
+ of our Indian population in the great body of American citizenship.
+</p>
+<p>
+ A large increase is reported in the disposal of public lands for
+ settlement during the past year, which marks the prosperous growth of
+ our agricultural industry and a vigorous movement of population toward
+ our unoccupied lands. As this movement proceeds, the codification
+ of our land laws, as well as proper legislation to regulate the
+ disposition of public lands, become of more pressing necessity, and I
+ therefore invite the consideration of Congress to the report and the
+ accompanying draft of a bill made by the Public Lands Commission,
+ which were communicated by me to Congress at the last session. Early
+ action upon this important subject is highly desirable.
+</p>
+<p>
+ The attention of Congress is again asked to the wasteful depredations
+ committed on our public timber lands and the rapid and indiscriminate
+ destruction of our forests. The urgent necessity for legislation to
+ this end is now generally recognized. In view of the lawless character
+ of the depredations committed and the disastrous consequences which
+ will inevitably follow their continuance, legislation has again and
+ again been recommended to arrest the evil and to preserve for the
+ people of our Western States and Territories the timber needed for
+ domestic and other essential uses.
+</p>
+<p>
+ The report of the Director of the Geological Survey is a document
+ of unusual interest. The consolidation of the various geological and
+ geographical surveys and exploring enterprises, each of which has
+ heretofore operated upon an independent plan, without concert, can
+ not fail to be of great benefit to all those industries of the country
+ which depend upon the development of our mineral resources. The labors
+ of the scientific men, of recognized merit, who compose the corps
+ of the Geological Survey, during the first season of their field
+ operations and inquiries, appear to have been very comprehensive,
+ and will soon be communicated to Congress in a number of volumes.
+ The Director of the Survey recommends that the investigations carried
+ on by his bureau, which so far have been confined to the so-called
+ public-land States and Territories, be extended over the entire country,
+ and that the necessary appropriation be made for this purpose. This
+ would be particularly beneficial to the iron, coal, and other mining
+ interests of the Mississippi Valley and of the Eastern and Southern
+ States. The subject is commended to the careful consideration of
+ Congress.
+</p>
+<p>
+ The Secretary of the Interior asks attention to the want of room in
+ the public buildings of the capital, now existing and in progress of
+ construction, for the accommodation of the clerical force employed and
+ of the public records. Necessity has compelled the renting of private
+ buildings in different parts of the city for the location of public
+ offices, for which a large amount of rent is annually paid, while the
+ separation of offices belonging to the same Department impedes the
+ transaction of current business. The Secretary suggests that the
+ blocks surrounding Lafayette Square on the east, north, and west be
+ purchased as the sites for new edifices for the accommodation of the
+ Government offices, leaving the square itself intact, and that if such
+ buildings were constructed upon a harmonious plan of architecture
+ they would add much to the beauty of the national capital, and would,
+ together with the Treasury and the new State, Navy, and War Department
+ building, form one of the most imposing groups of public edifices in
+ the world.
+</p>
+<p>
+ The Commissioner of Agriculture expresses the confident belief that
+ his efforts in behalf of the production of our own sugar and tea have
+ been encouragingly rewarded. The importance of the results attained
+ have attracted marked attention at home and have received the special
+ consideration of foreign nations. The successful cultivation of our
+ own tea and the manufacture of our own sugar would make a difference
+ of many millions of dollars annually in the wealth of the nation.
+</p>
+<p>
+ The report of the Commissioner asks attention particularly to the
+ continued prevalence of an infectious and contagious cattle
+ disease known and dreaded in Europe and Asia as cattle plague, or
+ pleuro-pneumonia. A mild type of this disease in certain sections
+ of our country is the occasion of great loss to our farmers and of
+ serious disturbance to our trade with Great Britain, which furnishes
+ a market for most of our live stock and dressed meats. The value of
+ neat cattle exported from the United States for the eight months ended
+ August 31, 1880, was more than $12,000,000, and nearly double the
+ value for the same period in 1879&mdash;an unexampled increase of export
+ trade. Your early attention is solicited to this important matter.
+</p>
+<p>
+ The Commissioner of Education reports a continued increase of public
+ interest in educational affairs, and that the public schools generally
+ throughout the country are well sustained. Industrial training
+ is attracting deserved attention, and colleges for instruction,
+ theoretical and practical, in agriculture and mechanic arts, including
+ the Government schools recently established for the instruction
+ of Indian youth, are gaining steadily in public estimation. The
+ Commissioner asks special attention to the depredations committed on
+ the lands reserved for the future support of public instruction, and
+ to the very great need of help from the nation for schools in the
+ Territories and in the Southern States. The recommendation heretofore
+ made is repeated and urged, that an educational fund be set apart from
+ the net proceeds of the sales of the public lands annually, the
+ income of which and the remainder of the net annual proceeds to
+ be distributed on some satisfactory plan to the States and the
+ Territories and the District of Columbia.
+</p>
+<p>
+ The success of the public schools of the District of Columbia, and
+ the progress made, under the intelligent direction of the board
+ of education and the superintendent, in supplying the educational
+ requirements of the District with thoroughly trained and efficient
+ teachers, is very gratifying. The acts of Congress, from time to time,
+ donating public lands to the several States and Territories in aid
+ of educational interests have proved to be wise measures of public
+ policy, resulting in great and lasting benefit. It would seem to be a
+ matter of simple justice to extend the benefits of this legislation,
+ the wisdom of which has been so fully vindicated by experience, to the
+ District of Columbia.
+</p>
+<p>
+ I again commend the general interests of the District of Columbia
+ to the favorable consideration of Congress. The affairs of the
+ District, as shown by the report of the Commissioners, are in a very
+ satisfactory condition.
+</p>
+<p>
+ In my annual messages heretofore and in my special message of December
+ 19, 1879, I have urged upon the attention of Congress the necessity of
+ reclaiming the marshes of the Potomac adjacent to the capital, and I
+ am constrained by its importance to advert again to the subject. These
+ flats embrace an area of several hundred acres. They are an impediment
+ to the drainage of the city and seriously impair its health. It is
+ believed that with this substantial improvement of its river front the
+ capital would be in all respects one of the most attractive cities
+ in the world. Aside from its permanent population, this city is
+ necessarily the place of residence of persons from every section of
+ the country engaged in the public service. Many others reside here
+ temporarily for the transaction of business with the Government.
+</p>
+<p>
+ It should not be forgotten that the land acquired will probably be
+ worth the cost of reclaiming it and that the navigation of the river
+ will be greatly improved. I therefore again invite the attention of
+ Congress to the importance of prompt provision for this much needed
+ and too long delayed improvement.
+</p>
+<p>
+ The water supply of the city is inadequate. In addition to the
+ ordinary use throughout the city, the consumption by Government is
+ necessarily very great in the navy-yard, arsenal, and the various
+ Departments, and a large quantity is required for the proper
+ preservation of the numerous parks and the cleansing of sewers. I
+ recommend that this subject receive the early attention of Congress,
+ and that in making provision for an increased supply such means be
+ adopted as will have in view the future growth of the city. Temporary
+ expedients for such a purpose can not but be wasteful of money,
+ and therefore unwise. A more ample reservoir, with corresponding
+ facilities for keeping it filled, should, in my judgment, be
+ constructed. I commend again to the attention of Congress the subject
+ of the removal from their present location of the depots of the
+ several railroads entering the city; and I renew the recommendations
+ of my former messages in behalf of the erection of a building for the
+ Congressional Library, the completion of the Washington Monument, and
+ of liberal appropriations in support of the benevolent, reformatory,
+ and penal institutions of the District.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 9, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention for the establishment, on fixed and uniform
+ bases, of the exercise of the right of protection in Morocco, and for
+ the settlement of certain questions connected therewith, between His
+ Excellency the President of the United States of America; His Majesty
+ the Emperor of Germany, King of Prussia; His Majesty the Emperor of
+ Austria, King of Hungary; His Majesty the King of the Belgians;
+ His Majesty the King of Denmark; His Majesty the King of Spain; His
+ Excellency the President of the French Republic; Her Majesty the Queen
+ of the United Kingdom of Great Britain and Ireland; His Majesty the
+ King of Italy; His Majesty the Sultan of Morocco; His Majesty the King
+ of the Netherlands; His Majesty the King of Portugal and the Algarves,
+ and His Majesty the King of Sweden and Norway, signed at Madrid on the
+ 3d day of July last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 13, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ The accompanying documents, received from the Commissioner of
+ Agriculture, are transmitted to the Senate in reply to the resolution
+ of the 7th instant, relating to contagious diseases of cattle.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 5, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention between the United States of America
+ and the Empire of Japan, providing for the reimbursement of certain
+ specified expenses which may be incurred by either country in
+ consequence of the shipwreck on its coasts of the vessels of the
+ other.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 5, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ In response to the resolution of the Senate of June 21, 1879, I
+ herewith transmit reports<a href="#note-42"><small>42</small></a> received from the Secretary of the
+ Interior and the Secretary of War.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 10, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of the Senate, two
+ treaties<a href="#note-43"><small>43</small></a> signed at Peking on the 17th of November, 1880, by
+ the commissioners plenipotentiary of the United States and China,
+ respectively, together with a letter of the Secretary of State in
+ relation thereto, and accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 10, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I submit herewith, for the information of the House of
+ Representatives, copies of correspondence with the Department of State
+ relating to an invitation extended by the French Republic to this
+ Government to send one or more delegates to represent it at an
+ international congress of electricians to be held at Paris on the 15th
+ day of September, 1881. It appears from the same correspondence that
+ an international exhibition of electricity is to be held at the palace
+ of the Champs Élysées, in Paris, from August 15, 1881, to the 15th
+ of November following, and it is therefore suggested by the French
+ authorities that it might be well to invest the delegates selected to
+ take part in the international congress with the additional character
+ of commissioners to the international exhibition of electricity.
+</p>
+<p>
+ In view of the important scientific, industrial, and commercial
+ interests designed to be promoted by the proposed international
+ congress of electricians and exhibition of electricity, I submit the
+ subject to your favorable consideration and recommend that a suitable
+ appropriation be made to enable this Government to accept the
+ foregoing invitation by appointing one or more delegates to attend the
+ congress in question.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 18, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to submit herewith the report of the Public
+ Lands Commission, embracing the history and a codification of the
+ public-land laws; and I desire earnestly to invite the attention of
+ Congress to this important subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 20, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate a letter from the Secretary of
+ State, with accompanying papers, in relation to the recent effort of
+ the Government of the United States to bring about peace between Chile
+ and Peru and, Bolivia.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 1, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In compliance with the request of a large number of intelligent
+ and benevolent citizens, and believing that it was warranted by the
+ extraordinary circumstances of the case, on the 18th day of December,
+ 1880, I appointed a commission consisting of George Crook and Nelson
+ A. Miles, brigadier-generals in the Army; William Stickney, of
+ the District of Columbia, and Walter Allen, of Massachusetts,
+ and requested them to confer with the Ponca Indians in the Indian
+ Territory, and, if in their judgment it was advisable, also with that
+ part of the tribe which remained in Dakota, and "to ascertain the
+ facts in regard to their removal and present condition so far as was
+ necessary to determine the question as to what justice and humanity
+ required should be done by the Government of the United States, and to
+ report their conclusions and recommendations in the premises."
+</p>
+<p>
+ The commission, in pursuance of these instructions, having visited the
+ Ponca Indians at their homes in the Indian Territory and in Dakota
+ and made a careful investigation of the subject referred to them, have
+ reported their conclusions and recommendations, and I now submit their
+ report, together with the testimony taken, for the consideration of
+ Congress. A minority report by Mr. Allen is also herewith submitted.
+</p>
+<p>
+ On the 27th of December, 1880, a delegation of Ponca chiefs from the
+ Indian Territory presented to the Executive a declaration of their
+ wishes, in which they stated that it was their desire "to remain on
+ the lands now occupied by the Poncas in the Indian Territory" and "to
+ relinquish all their right and interest in the lands formerly owned
+ and occupied by the Ponca tribe in the State of Nebraska and the
+ Territory of Dakota;" and the declaration sets forth the compensation
+ which they will accept for the lands to be surrendered and for the
+ injuries done to the tribe by their removal to the Indian Territory.
+ This declaration, agreeably to the request of the chiefs making it, is
+ herewith transmitted to Congress.
+</p>
+<p>
+ The public attention has frequently been called to the injustice and
+ wrong which the Ponca tribe of Indians has suffered at the hands of
+ the Government of the United States. This subject was first brought
+ before Congress and the country by the Secretary of the Interior in
+ his annual report for the year 1877, in which he said:
+</p>
+<p class="q">
+ The case of the Poncas seems entitled to especial
+ consideration at the hands of Congress. They have always been
+ friendly to the whites. It is said, and, as far as I have been
+ able to learn, truthfully, that no Ponca ever killed a
+ white man. The orders of the Government have always met with
+ obedient compliance at their hands. Their removal from their
+ old homes on the Missouri River was to them a great hardship.
+ They had been born and raised there. They had houses there in
+ which they lived according to their ideas of comfort. Many
+ of them had engaged in agriculture and possessed cattle and
+ agricultural implements. They were very reluctant to leave all
+ this, but when Congress had resolved upon their removal they
+ finally overcame that reluctance and obeyed. Considering
+ their constant good conduct, their obedient spirit, and the
+ sacrifices they have made, they are certainly entitled to
+ more than ordinary care at the hands of the Government, and I
+ urgently recommend that liberal provision be made to aid them
+ in their new settlement.
+</p>
+<p>
+ In the same volume the report of E.A. Howard, the agent of the Poncas,
+ is published, which contains the following:
+</p>
+<hr>
+<p class="q">
+ I am of the opinion that the removal of the Poncas from the
+ northern climate of Dakota to the southern climate of the
+ Indian Territory at the season of the year it was done will
+ prove a mistake, and that a great mortality will surely follow
+ among the people when they shall have been here for a time and
+ become poisoned with the malaria of the climate. Already the
+ effects of the climate may be seen upon them in the <i>ennui</i>
+ that seems to have settled upon each and in the large number
+ now sick.
+</p><p class="q">
+ It is a matter of astonishment to me that the Government
+ should have ordered the removal of the Ponca Indians from
+ Dakota to the Indian Territory without having first made
+ some provision for their settlement and comfort. Before their
+ removal was carried into effect an appropriation should have
+ been made by Congress sufficient to have located them in their
+ new home, by building a comfortable house for the occupancy
+ of every family of the tribe. As the case now is, no
+ appropriation has been made by Congress, except for a sum but
+ little more than sufficient to remove them; no houses have
+ been built for their use, and the result is that these people
+ have been placed on an uncultivated reservation to live in
+ their tents as best they may, and await further legislative
+ action.
+</p>
+<hr>
+<p class="q">
+ These Indians claim that the Government had no right to move
+ them from their reservation without first obtaining from them
+ by purchase or treaty the title which they had acquired
+ from the Government, and for which they rendered a valuable
+ consideration. They claim that the date of the settlement of
+ their tribe upon the land composing their old reservation is
+ prehistoric; that they were all born there, and that their
+ ancestors from generations back beyond their knowledge were
+ born and lived upon its soil, and that they finally acquired
+ a complete and perfect title from the Government by a treaty
+ made with the "Great Father" at Washington, which they claim
+ made it as legitimately theirs as is the home of the white man
+ acquired by gift or purchase.
+</p>
+<hr>
+<p>
+ The subject was again referred to in similar terms in the annual
+ report of the Interior Department for 1878, in the reports of the
+ Commissioner of Indian Affairs and of the agent for the Poncas, and in
+ 1879 the Secretary of the Interior said:
+</p>
+<p class="q">
+ That the Poncas were grievously wronged by their removal from
+ their location on the Missouri River to the Indian Territory,
+ their old reservation having, by a mistake in making the Sioux
+ treaty, been transferred to the Sioux, has been at length and
+ repeatedly set forth in my reports, as well as those of the
+ Commissioner of Indian Affairs. All that could be subsequently
+ done by this Department in the absence of new legislation to
+ repair that wrong and to indemnify them for their losses
+ has been done with more than ordinary solicitude. They were
+ permitted to select a new location for themselves in the
+ Indian Territory, the Quapaw Reserve, to which they had first
+ been taken, being objectionable to them. They chose a tract of
+ country on the Arkansas River and the Salt Fork northwest of
+ the Pawnee Reserve. I visited their new reservation personally
+ to satisfy myself of their condition. The lands they now
+ occupy are among the very best in the Indian Territory in
+ point of fertility, well watered and well timbered, and
+ admirably adapted for agriculture as well as stock raising. In
+ this respect their new reservation is unquestionably superior
+ to that which they left behind them on the Missouri River.
+ Seventy houses have been built by and for them, of far better
+ quality than the miserable huts they formerly occupied in
+ Dakota, and the construction of a larger number is now in
+ progress, so that, as the agent reports, every Ponca family
+ will be comfortably housed before January. A very liberal
+ allowance of agricultural implements and stock cattle has been
+ given them, and if they apply themselves to agricultural work
+ there is no doubt that their condition will soon be far more
+ prosperous than it has ever been before. During the first
+ year after their removal to the Indian Territory they lost
+ a comparatively large number of their people by death, in
+ consequence of the change of climate, which is greatly to
+ be deplored; but their sanitary condition is now very much
+ improved. The death rate among them during the present year
+ has been very low, and the number of cases of sickness
+ is constantly decreasing. It is thought that they are now
+ sufficiently acclimated to be out of danger.
+</p>
+<hr>
+<p>
+ A committee of the Senate, after a very full investigation of the
+ subject, on the 31st of May, 1880, reported their conclusions to the
+ Senate, and both the majority and minority of the committee agreed
+ that "a great wrong had been done to the Ponca Indians." The majority
+ of the committee say:
+</p>
+<hr>
+<p class="q">
+ Nothing can strengthen the Government in a just policy to the
+ Indians so much as a demonstration of its willingness to do
+ ample and complete justice whenever it can be shown that it
+ has inflicted a wrong upon a weak and trusting tribe. It is
+ impossible for the United States to hope for any confidence to
+ be reposed in them by the Indians until there shall be shown
+ on their part a readiness to do justice.
+</p>
+<p>
+ The minority report is equally explicit as to the duty of the
+ Government to repair the wrong done the Poncas. It says:
+</p>
+<hr>
+<p class="q">
+ We should be more prompt and anxious because they are weak
+ and we are strong. In my judgment we should be liberal to the
+ verge of lavishness in the expenditure of our money to improve
+ their condition, so that they and all others may know that,
+ although, like all nations and all men, we may do wrong, we
+ are willing to make ample reparation.
+</p>
+<p>
+ The report of the commission appointed by me, of which General
+ Crook was chairman, and the testimony taken by them and their
+ investigations, add very little to what was already contained in the
+ official reports of the Secretary of the Interior and the report of
+ the Senate committee touching the injustice done to the Poncas by
+ their removal to the Indian Territory. Happily, however, the evidence
+ reported by the commission and their recommendations point out
+ conclusively the true measures of redress which the Government of the
+ United States ought now to adopt.
+</p>
+<p>
+ The commission in their conclusions omit to state the important facts
+ as to the present condition of the Poncas in the Indian Territory, but
+ the evidence they have reported shows clearly and conclusively
+ that the Poncas now residing in that Territory, 521 in number, are
+ satisfied with their new homes; that they are healthy, comfortable,
+ and contented, and that they have freely and firmly decided to adhere
+ to the choice announced in their letter of October 25, 1880, and
+ in the declaration of December 27, 1880, to remain in the Indian
+ Territory and not to return to Dakota.
+</p>
+<p>
+ The evidence reported also shows that the fragment of the Ponca
+ tribe&mdash;perhaps 150 in number&mdash;which is still in Dakota and Nebraska
+ prefer to remain on their old reservation.
+</p>
+<p>
+ In view of these facts I am convinced that the recommendations of the
+ commission, together with the declaration of the chiefs of December
+ last, if substantially followed, will afford a solution of the Ponca
+ question which is consistent with the wishes and interests of
+ both branches of the tribe, with the settled Indian policy of the
+ Government, and, as nearly as is now practicable, with the demands of
+ justice.
+</p>
+<p>
+ Our general Indian policy for the future should embrace the following
+ leading ideas:
+</p>
+<p>
+ 1. The Indians should be prepared for citizenship by giving to their
+ young of both sexes that industrial and general education which
+ is required to enable them to be self-supporting and capable of
+ self-protection in a civilized community.
+</p>
+<p>
+ 2. Lands should be allotted to the Indians in severalty, inalienable
+ for a certain period.
+</p>
+<p>
+ 3. The Indians should have a fair compensation for their lands not
+ required for individual allotments, the amount to be invested, with
+ suitable safeguards, for their benefit.
+</p>
+<p>
+ 4. With these prerequisites secured, the Indians should be
+ made citizens and invested with the rights and charged with the
+ responsibilities of citizenship.
+</p>
+<p>
+ It is therefore recommended that legislation be adopted in relation to
+ the Ponca Indians, authorizing the Secretary of the Interior to secure
+ to the individual members of the Ponca tribe, in severalty, sufficient
+ land for their support, inalienable for a term of years and until the
+ restriction upon alienation may be removed by the President. Ample
+ time and opportunity should be given to the members of the tribe
+ freely to choose their allotments either on their old or their new
+ reservation.
+</p>
+<p>
+ Full compensation should be made for the lands to be relinquished, for
+ their losses by the Sioux depredations and by reason of their removal
+ to the Indian Territory, the amount not to be less than the sums named
+ in the declaration of the chiefs made December 27, 1880.
+</p>
+<p>
+ In short, nothing should be left undone to show to the Indians that
+ the Government of the United States regards their rights as equally
+ sacred with those of its citizens.
+</p>
+<p>
+ The time has come when the policy should be to place the Indians as
+ rapidly as practicable on the same footing with the other permanent
+ inhabitants of our country.
+</p>
+<p>
+ I do not undertake to apportion the blame for the injustice done to
+ the Poncas. Whether the Executive or Congress or the public is chiefly
+ in fault is not now a question of practical importance. As the Chief
+ Executive at the time when the wrong was consummated, I am deeply
+ sensible that enough of the responsibility for that wrong justly
+ attaches to me to make it my particular duty and earnest desire to
+ do all I can to give to these injured people that measure of redress
+ which is required alike by justice and by humanity.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 2, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for consideration and appropriate action by
+ Congress, a letter from the Secretary of the Navy, in relation to the
+ proposed establishment of naval stations of the United States on the
+ American Isthmus. In this paper the current testimony of prominent
+ officers of this Government for a long series of years, as to the
+ feasibility and necessity of establishing such stations and the great
+ advantage to flow therefrom to the naval and commercial interests
+ of the United States, is clearly set forth, and the considerations
+ adduced can not but commend themselves, I am confident, to the careful
+ attention of Congress. Convinced of the wisdom and propriety of the
+ suggestions thus presented, I recommend to Congress the appropriation
+ of the sum named by the Secretary of the Navy, to be at his disposal
+ at once, for expenditure as soon as suitable arrangements can be made
+ to the proposed end.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 4, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit a communication from the Secretary of the Navy,
+ with reference to the dispatch of a vessel for the relief of the
+ <i>Jeannette</i> polar expedition, and commend the recommendations of the
+ Secretary to the prompt and favorable action of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 14, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit the final report addressed to me by the
+ commissioners appointed under the act of Congress approved July 19,
+ 1876, authorizing the repavement of that part of Pennsylvania avenue
+ lying between the Treasury Department and the Capitol Grounds.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 17, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report of the Secretary of State, in response to
+ the resolution addressed to him by the House of Representatives of the
+ 31st of January ultimo, on the subject of international action for the
+ restoration of silver to full use as money.
+</p>
+<p>
+ The prospect of an early international conference, promising valuable
+ results in accordance with the interests of this country, is such that
+ I recommend to the immediate attention of Congress an appropriation
+ providing for the proper representation of this Government at such
+ conference.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 21, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of 15th of June, 1880,
+ requesting the Secretary of State to report to that body at its next
+ regular session what changes, if any, of the laws regulating the
+ management of the Department of State, or of the divisions and the
+ bureaus thereof, are necessary or would be beneficial in promoting the
+ efficiency or economy of its administration or management, and also to
+ make report concerning the mode of keeping the departmental accounts,
+ the checks and safeguards upon expenditures, and the administrative
+ or clerical changes for the better which may suggest themselves as
+ expedient, I transmit herewith a report from the Secretary of State
+ upon the subjects embraced in that resolution so far as they touch the
+ Department of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 25, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of the Senate with a view
+ to advising and consenting to the ratification thereof, a convention
+ for the extradition of criminals, between the United States of America
+ and the United States of Colombia, signed at Bogotá on the 3d of
+ January, 1881. I also transmit certain correspondence touching the
+ negotiation of said convention.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 25, 1881.</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, for its consideration with a view
+ to ratification in due course, a convention supplementary to the
+ consular convention of May 8, 1878, between the United States of
+ America and His Majesty the King of Italy, concluded in the city of
+ Washington on the 24th of February, 1881.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 28, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a copy of proclamation<a href="#note-44"><small>44</small></a> for the convening of an
+ extra session of the Senate of the United States at the Capitol, in
+ the city of Washington, on the 4th day of March next, at noon.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 28, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a copy of a letter addressed to the chairman of
+ the Civil Service Commission on the 3d of December last, requesting
+ to be furnished with a report upon the result in the post-office
+ and custom-house in the city of New York of the application of the
+ civil-service rules requiring open competitive examinations for
+ appointments and promotions, together with the report of Hon. Dorman
+ B. Eaton, the chairman of the Commission, in response.
+</p>
+<p>
+ The report presents a very gratifying statement of the results of
+ the application of the rules referred to in the two largest and most
+ important local offices in the civil service of the Government. The
+ subject is one of great importance to the people of the whole country.
+ I would commend the suggestions and recommendation of the chairman of
+ the Commission to the careful consideration of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 28, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, in answer to the resolution of the Senate of the
+ 20th ultimo, a report from the Secretary of State, with accompanying
+ papers.<a href="#note-45"><small>45</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 3, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have the honor to inform the Senate that Hon. Benjamin Harrison,
+ Senator elect from the State of Indiana, has resigned his office as a
+ member of the Commission for the Improvement of the Mississippi River,
+ and the same has been accepted to take effect March 3, 1881.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 3, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have the honor to inform the Senate that Hon. John Sherman, Senator
+ elect from the State of Ohio, has resigned the position of Secretary
+ of the Treasury, and that said resignation has been accepted to take
+ effect at the close of the present day.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>March 3, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ Having considered the bill entitled "An act to facilitate the
+ refunding of the national debt," I am constrained to return it to the
+ House of Representatives, in which it originated, with the following
+ statement of my objections to its passage:
+</p>
+<p>
+ The imperative necessity for prompt action and the pressure of public
+ duties in this closing week of my term of office compel me to refrain
+ from any attempt to make a full and satisfactory presentation of the
+ objections to the bill.
+</p>
+<p>
+ The importance of the passage at the present session of Congress of a
+ suitable measure for the refunding of the national debt which is
+ about to mature is generally recognized. It has been urged upon the
+ attention of Congress by the Secretary of the Treasury and in my last
+ annual message. If successfully accomplished, it will secure a large
+ decrease in the annual interest payment of the nation, and I earnestly
+ recommend, if the bill before me shall fail, that another measure for
+ this purpose be adopted before the present Congress adjourns.
+</p>
+<p>
+ While, in my opinion, it would be unwise to authorize the Secretary of
+ the Treasury, in his discretion, to offer to the public bonds bearing
+ 3-1/2 per cent interest in aid of refunding, I should not deem it my
+ duty to interpose my constitutional objection to the passage of the
+ present bill if it did not contain, in its fifth section, provisions
+ which, in my judgment, seriously impair the value and tend to the
+ destruction of the present national banking system of the country.
+ This system has now been in operation almost twenty years. No safer or
+ more beneficial banking system was ever established. Its advantages
+ as a business are free to all who have the necessary capital. It
+ furnishes a currency to the public which for convenience and security
+ of the bill holder has probably never been equaled by that of any
+ other banking system. Its notes are secured by the deposit with the
+ Government of the interest-bearing bonds of the United States.
+</p>
+<p>
+ The section of the bill before me which relates to the national
+ banking system, and to which objection is made, is not an essential
+ part of a refunding measure. It is as follows:
+</p>
+<p class="q">
+ SEC. 5. From and after the 1st day of July, 1881, the 3 per
+ cent bonds authorized by the first section of this act shall
+ be the only bonds receivable as security for national-bank
+ circulation or as security for the safe-keeping and prompt
+ payment of the public money deposited with such banks; but
+ when any such bonds deposited for the purposes aforesaid shall
+ be designated for purchase or redemption by the Secretary
+ of the Treasury, the banking association depositing the same
+ shall have the right to substitute other issues of the bonds
+ of the United States in lieu thereof: <i>Provided</i>, That no bond
+ upon which interest has ceased shall be accepted or shall be
+ continued on deposit as security for circulation or for
+ the safe-keeping of the public money; and in case bonds so
+ deposited shall not be withdrawn, as provided by law, within
+ thirty days after the interest has ceased thereon, the banking
+ association depositing the same shall be subject to the
+ liabilities and proceedings on the part of the Comptroller
+ provided for in section 5234 of the Revised Statutes of the
+ United States: <i>And provided further</i>, That section 4 of the
+ act of June 20, 1874, entitled "An act fixing the amount of
+ United States notes, providing for a redistribution of the
+ national-bank currency, and for other purposes," be, and the
+ same is hereby, repealed, and sections 5159 and 5160 of the
+ Revised Statutes of the United States be, and the same are
+ hereby, reenacted.
+</p>
+<p>
+ Under this section it is obvious that no additional banks will
+ hereafter be organized, except possibly in a few cities or localities
+ where the prevailing rates of interest in ordinary business are
+ extremely low. No new banks can be organized and no increase of the
+ capital of existing banks can be obtained except by the purchase and
+ deposit of 3 per cent bonds. No other bonds of the United States can
+ be used for the purpose. The one thousand millions of other bonds
+ recently issued by the United States, and bearing a higher rate of
+ interest than 3 per cent, and therefore a better security for the bill
+ holder, can not after the 1st of July next be received as security
+ for bank circulation. This is a radical change in the banking law. It
+ takes from the banks the right they have heretofore had under the law
+ to purchase and deposit as security for their circulation any of the
+ bonds issued by the United States, and deprives the bill holder of the
+ best security which the banks are able to give by requiring them
+ to deposit bonds having the least value of any bonds issued by the
+ Government.
+</p>
+<p>
+ The average rate of taxation of capital employed in banking is more
+ than double the rate of taxation upon capital employed in other
+ legitimate business. Under these circumstances, to amend the banking
+ law so as to deprive the banks of the privilege of securing their
+ notes by the most valuable bonds issued by the Government will, it is
+ believed, in a large part of the country, be a practical prohibition
+ of the organization of new banks and prevent the existing banks from
+ enlarging their capital. The national banking system, if continued at
+ all, will be a monopoly in the hands of those already engaged in it,
+ who may purchase the Government bonds bearing a more favorable rate of
+ interest than the 3 per cent bonds prior to next July.
+</p>
+<p>
+ To prevent the further organization of banks is to put in jeopardy the
+ whole system, by taking from it that feature which makes it, as it
+ now is, a banking system free upon the same terms to all who wish
+ to engage in it. Even the existing banks will be in danger of being
+ driven from business by the additional disadvantages to which they
+ will be subjected by this bill. In short, I can not but regard
+ the fifth section of the bill as a step in the direction of the
+ destruction of the national banking system.
+</p>
+<p>
+ Our country, after a long period of business depression, has just
+ entered upon a career of unexampled prosperity.
+</p>
+<p>
+ The withdrawal of the currency from circulation of the national
+ banks, and the enforced winding up of the banks in consequence, would
+ inevitably bring serious embarrassment and disaster to the business
+ of the country. Banks of issue are essential instruments of modern
+ commerce. If the present efficient and admirable system of banking is
+ broken down, it will inevitably be followed by a recurrence to other
+ and inferior methods of banking. Any measure looking to such a result
+ will be a disturbing element in our financial system. It will destroy
+ confidence and surely check the growing prosperity of the country.
+</p>
+<p>
+ Believing that a measure for refunding the national debt is not
+ necessarily connected with the national banking law, and that any
+ refunding act would defeat its own object if it imperiled the national
+ banking system or seriously impaired its usefulness, and convinced
+ that section 5 of the bill before me would, if it should become a
+ law, work great harm, I herewith return the bill to the House of
+ Representatives for that further consideration which is provided for
+ in the Constitution.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand and the seal of the United States, at Washington,
+ the 28th day of February, A.D. 1881, and of the Independence of the
+ United States of America the one hundred and fifth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDER.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 22, 1881</i>.
+</p>
+<p>
+ The SECRETARY OF WAR:
+</p>
+<p>
+ In view of the well-known fact that the sale of intoxicating liquors
+ in the Army of the United States is the cause of much demoralization
+ among both officers and men, and that it gives rise to a large
+ proportion of the cases before general and garrison courts-martial,
+ involving great expense and serious injury to the service&mdash;
+</p>
+<p>
+ <i>It is therefore directed</i>, That the Secretary of War take suitable
+ steps, as far as practicable consistently with vested rights, to
+ prevent the sale of intoxicating liquors as a beverage at the camps,
+ forts, and other posts of the Army.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<hr class="full">
+
+<h2>
+ Footnotes
+</h2>
+
+<a name="note-1"><!--Note--></a>
+<p class="foot">
+<u>1</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-2"><!--Note--></a>
+<p class="foot">
+<u>2</u> Addressed to Federal officers generally.
+</p>
+<a name="note-3"><!--Note--></a>
+<p class="foot">
+<u>3</u> See pp. 398-399.
+</p>
+<a name="note-4"><!--Note--></a>
+<p class="foot">
+<u>4</u> Correspondence relative to Mexican border troubles.
+</p>
+<a name="note-5"><!--Note--></a>
+<p class="foot">
+<u>5</u> Correspondence relative to the imposition of a
+ differential duty of 50 cents per ton upon Spanish vessels entering
+ ports of the United States.
+</p>
+<a name="note-6"><!--Note--></a>
+<p class="foot">
+<u>6</u> Stating that the information relative to the forcible
+ rescue of two prisoners from the jail of Starr County, Tex., by an
+ armed band of Mexicans had been transmitted by the President to the
+ House of Representatives on the 12th instant.
+</p>
+<a name="note-7"><!--Note--></a>
+<p class="foot">
+<u>7</u> Relating to the indemnity paid by Spain on account of the
+ execution of General Ryan and others at Santiago de Cuba.
+</p>
+<a name="note-8"><!--Note--></a>
+<p class="foot">
+<u>8</u> Operation of the Union Pacific Railroad and its branches.
+</p>
+<a name="note-9"><!--Note--></a>
+<p class="foot">
+<u>9</u> Relating to the seizure of logs, lumber, and naval stores
+ suspected or having been taken from the public lands.
+</p>
+<a name="note-10"><!--Note--></a>
+<p class="foot">
+<u>10</u> Relating to payments to the Ute Indians under the fourth
+ article of the agreement of September 13, 1873, and to the occupancy
+ of lands ceded by said Indians.
+</p>
+<a name="note-11"><!--Note--></a>
+<p class="foot">
+<u>11</u> Correspondence relative to the Franco-German War.
+</p>
+<a name="note-12"><!--Note--></a>
+<p class="foot">
+<u>12</u> Carpenter's painting of President Lincoln and his Cabinet
+ at the time of his first reading of the Proclamation of Emancipation.
+</p>
+<a name="note-13"><!--Note--></a>
+<p class="foot">
+<u>13</u> Relating to the survey of lands in the Indian Territory,
+ etc.
+</p>
+<a name="note-14"><!--Note--></a>
+<p class="foot">
+<u>14</u> Correspondence relative to the appointment of a third
+ commissioner under the twenty-third article of the treaty with Great
+ Britain of May 8, 1871, on the question of the fisheries.
+</p>
+<a name="note-15"><!--Note--></a>
+<p class="foot">
+<u>15</u> Correspondence with Spain relative to the seizure of the
+ steamer <i>Virginius</i>, etc.
+</p>
+<a name="note-16"><!--Note--></a>
+<p class="foot">
+<u>16</u> Relating to the defalcations of William R. Whitaker while
+ collector of internal revenue for the first district of Louisiana and
+ while assistant treasurer of the United States at New Orleans.
+</p>
+<a name="note-17"><!--Note--></a>
+<p class="foot">
+<u>17</u> Correspondence relative to the terms and conditions under
+ which the Cuban insurgents surrendered and to the policy of Spain in
+ the government of Cuba.
+</p>
+<a name="note-18"><!--Note--></a>
+<p class="foot">
+<u>18</u> Relating to the convention of May 20, 1875, for the
+ establishment of an international bureau of weights and measures.
+</p>
+<a name="note-19"><!--Note--></a>
+<p class="foot">
+<u>19</u> Correspondence, etc., relative to the selection of M.
+ Maurice Delfosse as one of the commissioners under the treaty with
+ Great Britain of May 8, 1871, on the fisheries question.
+</p>
+<a name="note-20"><!--Note--></a>
+<p class="foot">
+<u>20</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-21"><!--Note--></a>
+<p class="foot">
+<u>21</u> Correspondence relative to claims of United States
+ citizens against Nicaragua.
+</p>
+<a name="note-22"><!--Note--></a>
+<p class="foot">
+<u>22</u> Correspondence relative to the expulsion from the German
+ Umpire of Julius Baumer, a naturalized citizen of the United States.
+</p>
+<a name="note-23"><!--Note--></a>
+<p class="foot">
+<u>23</u> Correspondence relative to commercial relations with
+ Mexico.
+</p>
+<a name="note-24"><!--Note--></a>
+<p class="foot">
+<u>24</u> Relating to the claim of John C. Landreau against the
+ Government of Peru.
+</p>
+<a name="note-25"><!--Note--></a>
+<p class="foot">
+<u>25</u> See pp. 547-548.
+</p>
+<a name="note-26"><!--Note--></a>
+<p class="foot">
+<u>26</u> Relating to lands in the Indian Territory acquired by the
+ treaties of 1866.
+</p>
+<a name="note-27"><!--Note--></a>
+<p class="foot">
+<u>27</u> See pp. 545-547.
+</p>
+<a name="note-28"><!--Note--></a>
+<p class="foot">
+<u>28</u> "An act to amend 'An act for the relief of Joseph B.
+ Collins, approved March 3, 1879.'"
+</p>
+<a name="note-29"><!--Note--></a>
+<p class="foot">
+<u>29</u> The positions for which applications may be made in the
+ several offices are: Collector's and surveyor's office: (1) Inspector,
+ at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3)
+ weigher's clerk, at annual salary of $1,200; (4) ganger's clerk, at
+ annual salary of $1,200; (5) night inspector, at a salary of $2.50 per
+ day, and clerk, at an annual salary of less than $1,200.
+</p>
+<p class="foot">
+ Naval office: (1) Clerk, at an annual salary of $1,200; (2) clerk, at
+ an annual salary of less than $1,200.
+</p>
+<p class="foot">
+ Assistant treasurer's office: (1) Clerk, at an annual salary of
+ $2,000; (2) clerk, at an annual salary of $1,200; (3) clerk, at an
+ annual salary of less than $1,200.
+</p>
+<p class="foot">
+ Appraiser's office: (1) Examiner, at an annual salary of $1,800; (2)
+ clerk, verifier, or sampler, at an annual salary of $1,200; (3) clerk,
+ verifier, or sampler, at an annual salary of less than $1,200; (4)
+ openers and packers, at a salary of $3 per day.
+</p>
+<a name="note-30"><!--Note--></a>
+<p class="foot">
+<u>30</u> See p. 181.
+</p>
+<a name="note-31"><!--Note--></a>
+<p class="foot">
+<u>31</u> See p. 158.
+</p>
+<a name="note-32"><!--Note--></a>
+<p class="foot">
+<u>32</u> See p. 231.
+</p>
+<a name="note-33"><!--Note--></a>
+<p class="foot">
+<u>33</u> See rule 7, promulgated December 19, 1871, p.158.
+</p>
+<a name="note-34"><!--Note--></a>
+<p class="foot">
+<u>34</u> See p. 181.
+</p>
+<a name="note-35"><!--Note--></a>
+<p class="foot">
+<u>35</u> See rule 9, promulgated December 19, 1871, p. 158.
+</p>
+<a name="note-36"><!--Note--></a>
+<p class="foot">
+<u>36</u> See p. 232.
+</p>
+<a name="note-37"><!--Note--></a>
+<p class="foot">
+<u>37</u> Addressed to the heads of the Executive Departments,
+ etc.
+</p>
+<a name="note-38"><!--Note--></a>
+<p class="foot">
+<u>38</u> See pp. 549-550.
+<a name="note-39"><!--Note--></a>
+<p class="foot">
+<u>39</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-40"><!--Note--></a>
+<p class="foot">
+<u>40</u> See pp. 547-548.
+</p>
+<a name="note-41"><!--Note--></a>
+<p class="foot">
+<u>41</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-42"><!--Note--></a>
+<p class="foot">
+<u>42</u> Transmitting statements of the number of soldiers and
+ civilians killed and wounded, number of Indians killed, value of
+ property destroyed, and expenses incurred by the United States in
+ certain Indian wars from 1865 to 1879.
+</p>
+<a name="note-43"><!--Note--></a>
+<p class="foot">
+<u>43</u> (1) Regulation of Chinese immigration into the United
+ States (2) commercial intercourse and judicial procedure.
+</p>
+<a name="note-44"><!--Note--></a>
+<p class="foot">
+<u>44</u> See pp. 639-640.
+</p>
+<a name="note-45"><!--Note--></a>
+<p class="foot">
+<u>45</u> Correspondence relative to the sending to the United
+ States by foreign governments of criminals, paupers, and insane
+ persons.
+</p>
+
+<div>*** END OF THE PROJECT GUTENBERG EBOOK 13021 ***</div>
+</body>
+</html>
+
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+Project Gutenberg (https://www.gutenberg.org) public repository for
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+The Project Gutenberg EBook of Messages and Papers of Rutherford B. Hayes
+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: Messages and Papers of Rutherford B. Hayes
+ A Compilation of the Messages and Papers of the Presidents
+
+Author: James D. Richardson
+
+Release Date: July 25, 2004 [EBook #13021]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK RUTHERFORD B. HAYES ***
+
+
+
+
+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
+
+
+
+
+Rutherford B. Hayes
+
+March 4, 1877, to March 4, 1881
+
+
+
+
+Rutherford B. Hayes
+
+
+Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822.
+His father had died in July, 1822, leaving his mother in modest
+circumstances. He attended the common schools, and began early the
+study of Latin and Greek with Judge Sherman Finch, of Delaware.
+Prepared for college at an academy at Norwalk, Ohio, and at a school
+in Middletown, Conn. In the autumn of 1838 entered Kenyon College,
+at Gambier, Ohio. Excelled in logic, mental and moral philosophy,
+and mathematics, and also made his mark as a debater in the literary
+societies. On his graduation, in August, 1842, was awarded the
+valedictory oration, with which he won much praise. Soon afterwards
+began the study of law in the office of Thomas Sparrow, at Columbus,
+Ohio, and then attended a course of law lectures at Harvard
+University, entering the law school August 22, 1843, and finishing his
+studies there in January, 1845. As a law student he had the advantage
+of friendly intercourse with Judge Story and Professor Greenleaf, and
+also attended the lectures of Longfellow on literature and of Agassiz
+on natural science, pursuing at the same time the study of French and
+German. In May, 1845, was admitted to practice in the courts of Ohio
+as an attorney and counselor at law. Established himself first at
+Lower Sandusky (now Fremont), where in April, 1846, he formed a law
+partnership with Ralph P. Buckland, then a Member of Congress. In the
+winter of 1849-50 established himself at Cincinnati. His practice at
+first being light, continued his studies in law and literature, and
+also became identified with various literary societies, among them
+the literary club of Cincinnati, where he met Salmon P. Chase, Thomas
+Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F.
+Force, and others of note. December 30, 1852, married Miss Lucy Ware
+Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In
+January, 1854, formed a law partnership with H.W. Corwine and William
+K. Rogers. In 1856 was nominated for the office of common pleas judge,
+but declined. In 1858 was elected city solicitor by the city council
+of Cincinnati to fill a vacancy, and in the following year was
+elected to the same office at a popular election, but was defeated
+for reelection in 1861. After becoming a voter he acted with the Whig
+party, voting for Henry Clay in 1844, for General Taylor in 1848, and
+for General Scott in 1852. Having from his youth cherished antislavery
+feelings, he joined the Republican party as soon as it was organized,
+and earnestly advocated the election of Frémont in 1856 and of Lincoln
+in 1860. At a great mass meeting held in Cincinnati immediately
+after the firing on Fort Sumter was made chairman of a committee on
+resolutions. His literary club formed a military company, of which he
+was elected captain. June 7, 1861, was appointed by the governor of
+Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861,
+was appointed by General Rosecrans judge-advocate of the Department
+of the Ohio. October 24, 1861, was promoted to the rank of
+lieutenant-colonel. In the battle of South Mountain, September 14,
+1862, distinguished himself by gallant conduct in leading a charge and
+in holding a position at the head of his troops after being severely
+wounded in his left arm. October 24, 1862, was appointed colonel
+of the Twenty-third Ohio. In July, 1863, while with the army in
+southwestern Virginia, caused an expedition of two regiments and a
+section of artillery under his command to be dispatched to Ohio for
+the purpose of checking the raid of the Confederate general John
+Morgan, and aided materially in preventing the raiders from recrossing
+the Ohio River and in compelling Morgan to surrender. In the spring
+of 1864 commanded a brigade in General Crook's expedition to cut the
+principal lines of communication between Richmond and the Southwest.
+Distinguished himself by conspicuous bravery at the head of his
+brigade in storming a fortified position on the crest of Cloyd
+Mountain. Commanded a brigade in the first battle of Winchester. Took
+a creditable part in the engagement at Berryville, and at the second
+battle of Winchester, September 19, 1864, performed a feat of great
+bravery. Leading an assault upon a battery on an eminence, he found in
+his way a morass over 50 yards wide. Being at the head of his brigade,
+he plunged in first, and, his horse becoming mired at once, he
+dismounted and waded across alone under the enemy's fire. Signaled his
+men to come over, and when about 40 had joined him he rushed upon the
+battery and captured it after a hand-to-hand fight. At Fishers Hill,
+September 22, 1864, being then in command of a division, executed a
+brilliant flank movement over mountains and through woods, took many
+pieces of artillery, and routed the enemy. At the battle of Cedar
+Creek, October 19, 1864, his conduct attracted so much attention that
+his commander, General Crook, commended him, saying, "Colonel, from
+this day you will be a brigadier-general." The commission reached him
+a few days afterwards. March 13, 1865, received the rank of brevet
+major-general "for gallant and distinguished services during the
+campaign of 1864 in West Virginia, and particularly at the battles of
+Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the
+field, was nominated for Congress and elected. After the war, returned
+to civil life, and took his seat in Congress December 4, 1865. Voted
+with his party on questions connected with the reconstruction of the
+Southern States; supported a resolution declaring the sacredness of
+the public debt and denouncing repudiation, and also one commending
+President Johnson for declining to accept presents and condemning the
+practice; opposed a resolution favoring an increase of pay of members
+of Congress; introduced in a Republican caucus resolutions declaring
+that the only mode of obtaining from the States lately in rebellion
+irreversible guaranties was by constitutional amendment, and that
+an amendment basing representation upon voters instead of population
+ought to be acted upon without delay. In August, 1866, was renominated
+for Congress by acclamation, and was reelected. Supported the
+impeachment of President Johnson. In June, 1867, was nominated for
+governor of Ohio, and at the election defeated Judge Allen G. Thurman.
+In June, 1869, was again nominated for governor, and at the election
+defeated George H. Pendleton. At the expiration of his term as
+governor declined to be a candidate for the United States Senate
+against John Sherman. In 1872 was again nominated for Congress, but at
+the election was defeated. Declined the office of assistant treasurer
+of the United States at Cincinnati. In 1873 established his home at
+Fremont with the intention of retiring from public life. In 1875 was
+again nominated for governor of Ohio, and at the election defeated
+William Allen. Was nominated for President of the United States at
+the national Republican convention at Cincinnati on June 16, 1876. The
+Democrats selected as their candidate Samuel J. Tilden, of New York.
+The result of the election became the subject of acrimonious dispute.
+Each party charged fraud upon the other, and both parties claimed to
+have carried the States of Louisiana, South Carolina, and Florida.
+To avoid a deadlock, which might have happened if the canvass of
+the electoral votes had been left to the two Houses of Congress
+(the Senate having a Republican and the House of Representatives a
+Democratic majority), an act, advocated by members of both parties,
+was passed to refer all contested cases to a commission composed of
+five Senators, five Representatives, and five Justices of the Supreme
+Court, the decision of this commission to be final unless set aside
+by a concurrent vote of the two Houses of Congress. The commission,
+refusing to go behind the certificates of the governors, decided in
+each contested case by a vote of 8 to 7 in favor of the Republican
+electors, beginning with Florida on February 7, and on March 2 Mr.
+Hayes was declared duly elected President of the United States. Was
+inaugurated March 5, 1877. At the expiration of his term returned to
+his home at Fremont, Ohio. Was the recipient of various distinctions.
+The degree of LL.D. was conferred upon him by Kenyon College, Harvard
+University, Yale College, and Johns Hopkins University. Was made
+senior vice-commander of the Military Order of the Loyal Legion,
+commander of the Ohio commandery of the same order, first president
+of the Society of the Army of West Virginia, and president of the
+Twenty-third Regiment Ohio Volunteers Association. Was president of
+the trustees of the John F. Slater education fund; one of the trustees
+of the Peabody education fund; president of the National Prison
+Reform Association; an active member of the National Conference
+of Corrections and Charities; a trustee of the Western Reserve
+University, at Cleveland, Ohio, of the Wesleyan University, of
+Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the
+Ohio State University. He died at Fremont, Ohio, January 17, 1893, and
+was buried there.
+
+
+
+
+INAUGURAL ADDRESS.
+
+FELLOW-CITIZENS: We have assembled to repeat the public ceremonial,
+begun by Washington, observed by all my predecessors, and now a
+time-honored custom, which marks the commencement of a new term of
+the Presidential office. Called to the duties of this great trust,
+I proceed, in compliance with usage, to announce some of the leading
+principles, on the subjects that now chiefly engage the public
+attention, by which it is my desire to be guided in the discharge of
+those duties. I shall not undertake to lay down irrevocably principles
+or measures of administration, but rather to speak of the motives
+which should animate us, and to suggest certain important ends to
+be attained in accordance with our institutions and essential to the
+welfare of our country.
+
+At the outset of the discussions which preceded the recent
+Presidential election it seemed to me fitting that I should fully make
+known my sentiments in regard to several of the important questions
+which then appeared to demand the consideration of the country.
+Following the example, and in part adopting the language, of one of my
+predecessors, I wish now, when every motive for misrepresentation has
+passed away, to repeat what was said before the election, trusting
+that my countrymen will candidly weigh and understand it, and that
+they will feel assured that the sentiments declared in accepting the
+nomination for the Presidency will be the standard of my conduct in
+the path before me, charged, as I now am, with the grave and difficult
+task of carrying them out in the practical administration of the
+Government so far as depends, under the Constitution and laws, on the
+Chief Executive of the nation.
+
+The permanent pacification of the country upon such principles and
+by such measures as will secure the complete protection of all its
+citizens in the free enjoyment of all their constitutional rights is
+now the one subject in our public affairs which all thoughtful and
+patriotic citizens regard as of supreme importance.
+
+Many of the calamitous effects of the tremendous revolution which
+has passed over the Southern States still remain. The immeasurable
+benefits which will surely follow, sooner or later, the hearty and
+generous acceptance of the legitimate results of that revolution have
+not yet been realized. Difficult and embarrassing questions meet us
+at the threshold of this subject. The people of those States are
+still impoverished, and the inestimable blessing of wise, honest,
+and peaceful local self-government is not fully enjoyed. Whatever
+difference of opinion may exist as to the cause of this condition of
+things, the fact is clear that in the progress of events the time has
+come when such government is the imperative necessity required by all
+the varied interests, public and private, of those States. But it must
+not be forgotten that only a local government which recognizes and
+maintains inviolate the rights of all is a true self-government.
+
+With respect to the two distinct races whose peculiar relations to
+each other have brought upon us the deplorable complications and
+perplexities which exist in those States, it must be a government
+which guards the interests of both races carefully and equally.
+It must be a government which submits loyally and heartily to the
+Constitution and the laws--the laws of the nation and the laws of
+the States themselves--accepting and obeying faithfully the whole
+Constitution as it is.
+
+Resting upon this sure and substantial foundation, the superstructure
+of beneficent local governments can be built up, and not otherwise.
+In furtherance of such obedience to the letter and the spirit of the
+Constitution, and in behalf of all that its attainment implies, all
+so-called party interests lose their apparent importance, and party
+lines may well be permitted to fade into insignificance. The question
+we have to consider for the immediate welfare of those States of the
+Union is the question of government or no government; of social order
+and all the peaceful industries and the happiness that belong to it,
+or a return to barbarism. It is a question in which every citizen of
+the nation is deeply interested, and with respect to which we ought
+not to be, in a partisan sense, either Republicans or Democrats, but
+fellow-citizens and fellow-men, to whom the interests of a common
+country and a common humanity are dear.
+
+The sweeping revolution of the entire labor system of a large portion
+of our country and the advance of 4,000,000 people from a condition
+of servitude to that of citizenship, upon an equal footing with their
+former masters, could not occur without presenting problems of the
+gravest moment, to be dealt with by the emancipated race, by their
+former masters, and by the General Government, the author of the
+act of emancipation. That it was a wise, just, and providential
+act, fraught with good for all concerned, is now generally conceded
+throughout the country. That a moral obligation rests upon the
+National Government to employ its constitutional power and influence
+to establish the rights of the people it has emancipated, and to
+protect them in the enjoyment of those rights when they are infringed
+or assailed, is also generally admitted.
+
+The evils which afflict the Southern States can only be removed or
+remedied by the united and harmonious efforts of both races, actuated
+by motives of mutual sympathy and regard; and while in duty bound and
+fully determined to protect the rights of all by every constitutional
+means at the disposal of my Administration, I am sincerely anxious to
+use every legitimate influence in favor of honest and efficient
+local _self_-government as the true resource of those States for the
+promotion of the contentment and prosperity of their citizens. In
+the effort I shall make to accomplish this purpose I ask the cordial
+cooperation of all who cherish an interest in the welfare of the
+country, trusting that party ties and the prejudice of race will be
+freely surrendered in behalf of the great purpose to be accomplished.
+In the important work of restoring the South it is not the political
+situation alone that merits attention. The material development
+of that section of the country has been arrested by the social and
+political revolution through which it has passed, and now needs and
+deserves the considerate care of the National Government within the
+just limits prescribed by the Constitution and wise public economy.
+
+But at the basis of all prosperity, for that as well as for every
+other part of the country, lies the improvement of the intellectual
+and moral condition of the people. Universal suffrage should rest
+upon universal education. To this end, liberal and permanent
+provision should be made for the support of free schools by the State
+governments, and, if need be, supplemented by legitimate aid from
+national authority.
+
+Let me assure my countrymen of the Southern States that it is my
+earnest desire to regard and promote their truest interests--the
+interests of the white and of the colored people both and equally--and
+to put forth my best efforts in behalf of a civil policy which will
+forever wipe out in our political affairs the color line and the
+distinction between North and South, to the end that we may have not
+merely a united North or a united South, but a united country.
+
+I ask the attention of the public to the paramount necessity of reform
+in our civil service--a reform not merely as to certain abuses and
+practices of so-called official patronage which have come to have the
+sanction of usage in the several Departments of our Government, but
+a change in the system of appointment itself; a reform that shall
+be thorough, radical, and complete; a return to the principles and
+practices of the founders of the Government. They neither expected
+nor desired from public officers any partisan service. They meant that
+public officers should owe their whole service to the Government and
+to the people. They meant that the officer should be secure in his
+tenure as long as his personal character remained untarnished and the
+performance of his duties satisfactory. They held that appointments to
+office were not to be made nor expected merely as rewards for partisan
+services, nor merely on the nomination of members of Congress, as
+being entitled in any respect to the control of such appointments.
+
+The fact that both the great political parties of the country, in
+declaring their principles prior to the election, gave a prominent
+place to the subject of reform of our civil service, recognizing and
+strongly urging its necessity, in terms almost identical in their
+specific import with those I have here employed, must be accepted as
+a conclusive argument in behalf of these measures. It must be regarded
+as the expression of the united voice and will of the whole country
+upon this subject, and both political parties are virtually pledged
+to give it their unreserved support.
+
+The President of the United States of necessity owes his election to
+office to the suffrage and zealous labors of a political party,
+the members of which cherish with ardor and regard as of essential
+importance the principles of their party organization; but he should
+strive to be always mindful of the fact that he serves his party best
+who serves the country best.
+
+In furtherance of the reform we seek, and in other important respects
+a change of great importance, I recommend an amendment to the
+Constitution prescribing a term of six years for the Presidential
+office and forbidding a reelection.
+
+With respect to the financial condition of the country, I shall not
+attempt an extended history of the embarrassment and prostration which
+we have suffered during the past three years. The depression in all
+our varied commercial and manufacturing interests throughout the
+country, which began in September, 1873, still continues. It is very
+gratifying, however, to be able to say that there are indications all
+around us of a coming change to prosperous times.
+
+Upon the currency question, intimately connected, as it is, with this
+topic, I may be permitted to repeat here the statement made in my
+letter of acceptance, that in my judgment the feeling of uncertainty
+inseparable from an irredeemable paper currency, with its fluctuation
+of values, is one of the greatest obstacles to a return to prosperous
+times. The only safe paper currency is one which rests upon a coin
+basis and is at all times and promptly convertible into coin.
+
+I adhere to the views heretofore expressed by me in favor of
+Congressional legislation in behalf of an early resumption of specie
+payments, and I am satisfied not only that this is wise, but that
+the interests, as well as the public sentiment, of the country
+imperatively demand it.
+
+Passing from these remarks upon the condition of our own country
+to consider our relations with other lands, we are reminded by the
+international complications abroad, threatening the peace of Europe,
+that our traditional rule of noninterference in the affairs of foreign
+nations has proved of great value in past times and ought to be
+strictly observed.
+
+The policy inaugurated by my honored predecessor, President Grant, of
+submitting to arbitration grave questions in dispute between ourselves
+and foreign powers points to a new, and incomparably the best,
+instrumentality for the preservation of peace, and will, as I believe,
+become a beneficent example of the course to be pursued in similar
+emergencies by other nations.
+
+If, unhappily, questions of difference should at any time during the
+period of my Administration arise between the United States and any
+foreign government, it will certainly be my disposition and my hope to
+aid in their settlement in the same peaceful and honorable way, thus
+securing to our country the great blessings of peace and mutual good
+offices with all the nations of the world.
+
+Fellow-citizens, we have reached the close of a political contest
+marked by the excitement which usually attends the contests between
+great political parties whose members espouse and advocate with
+earnest faith their respective creeds. The circumstances were,
+perhaps, in no respect extraordinary save in the closeness and the
+consequent uncertainty of the result.
+
+For the first time in the history of the country it has been deemed
+best, in view of the peculiar circumstances of the case, that the
+objections and questions in dispute with reference to the counting of
+the electoral votes should be referred to the decision of a tribunal
+appointed for this purpose.
+
+That tribunal--established by law for this sole purpose; its members,
+all of them, men of long-established reputation for integrity and
+intelligence, and, with the exception of those who are also members of
+the supreme judiciary, chosen equally from both political parties; its
+deliberations enlightened by the research and the arguments of able
+counsel--was entitled to the fullest confidence of the American
+people. Its decisions have been patiently waited for, and accepted
+as legally conclusive by the general judgment of the public. For the
+present, opinion will widely vary as to the wisdom of the several
+conclusions announced by that tribunal. This is to be anticipated
+in every instance where matters of dispute are made the subject of
+arbitration under the forms of law. Human judgment is never unerring,
+and is rarely regarded as otherwise than wrong by the unsuccessful
+party in the contest.
+
+The fact that two great political parties have in this way settled a
+dispute in regard to which good men differ as to the facts and the
+law no less than as to the proper course to be pursued in solving the
+question in controversy is an occasion for general rejoicing.
+
+Upon one point there is entire unanimity in public sentiment--that
+conflicting claims to the Presidency must be amicably and peaceably
+adjusted, and that when so adjusted the general acquiescence of the
+nation ought surely to follow.
+
+It has been reserved for a government of the people, where the right
+of suffrage is universal, to give to the world the first example in
+history of a great nation, in the midst of the struggle of opposing
+parties for power, hushing its party tumults to yield the issue of
+the contest to adjustment according to the forms of law.
+
+Looking for the guidance of that Divine Hand by which the destinies
+of nations and individuals are shaped, I call upon you, Senators,
+Representatives, judges, fellow-citizens, here and everywhere, to
+unite with me in an earnest effort to secure to our country the
+blessings, not only of material prosperity, but of justice, peace, and
+union--a union depending not upon the constraint of force, but upon
+the loving devotion of a free people; "and that all things may be
+so ordered and settled upon the best and surest foundations that
+peace and happiness, truth and justice, religion and piety, may be
+established among us for all generations."
+
+MARCH 5, 1877.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the final adjournment of the Forty-fourth Congress without
+making the usual appropriations for the support of the Army for the
+fiscal year ending June 30, 1878, presents an extraordinary occasion
+requiring the President to exercise the power vested in him by the
+Constitution to convene the Houses of Congress in anticipation of the
+day fixed by law for their next meeting:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do, by virtue of the power to this end in me vested by the
+Constitution, convene both Houses of Congress to assemble at their
+respective chambers at 12 o'clock noon on Monday, the 15th day of
+October next, then and there to consider and determine such measures
+as in their wisdom their duty and the welfare of the people may seem
+to demand.
+
+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 5th day of May, A.D. 1877, and of
+the Independence of the United States of America the one hundred and
+first.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+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 the governor of the State of West Virginia has represented
+that domestic violence exists in said State at Martinsburg, and at
+various other points along the line of the Baltimore and Ohio Railroad
+in said State, which the authorities of said State are unable to
+suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever it may be necessary, in the judgment of the President, he
+shall forthwith, by proclamation, command such insurgents to disperse
+and retire peaceably to their respective abodes within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+12 o'clock noon of the 19th day of July instant.
+
+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 18th day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+R.B. HAYES.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+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 the governor of the State of Maryland has represented that
+domestic violence exists in said State at Cumberland, and along the
+line of the Baltimore and Ohio Railroad in said State, which the
+authorities of said State are unable to suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever, in the judgment of the President, it becomes necessary to
+use the military forces to suppress such insurrection or obstruction
+to the laws, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+noon of the 22d day of July instant.
+
+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 21st day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+[SEAL.]
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+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 the governor of the State of Pennsylvania has represented that
+domestic violence exists in said State which the authorities of said
+State are unable to suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever, in the judgment of the President, it becomes necessary to
+use the military forces to suppress such insurrection or obstruction
+to the laws, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time;
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+12 o'clock noon of the 24th day of July instant.
+
+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 23d day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+[SEAL.]
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE MANSION, _Washington, May 9, 1877_.
+
+SIR:[1] The President directs me to say that the several Departments
+of the Government will be closed on Wednesday, 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,
+
+W.K. ROGERS, _Secretary_.
+
+[Footnote 1: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+EXECUTIVE MANSION, _Washington, May 26, 1877_.
+
+Hon. JOHN SHERMAN,
+ _Secretary of the Treasury_.
+
+MY DEAR SIR: I have read the partial report of the commission
+appointed to examine the New York custom-house. I concur with the
+commission in their recommendations. It is my wish that the collection
+of the revenues should be free from partisan control, and organized on
+a strictly business basis, with the same guaranties for efficiency and
+fidelity in the selection of the chief and subordinate officers that
+would be required by a prudent merchant. Party leaders should have
+no more influence in appointments than other equally respectable
+citizens. No assessments for political purposes on officers or
+subordinates should be allowed. No useless officer or employee should
+be retained. No officer should be required or permitted to take part
+in the management of political organizations, caucuses, conventions,
+or election campaigns. Their right to vote and to express their
+views on public questions, either orally or through the press, is not
+denied, provided it does not interfere with the discharge of their
+official duties.
+
+Respectfully,
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, June 22, 1877_,
+
+SIR:[2] I desire to call your attention to the following paragraph
+in a letter addressed by me to the Secretary of the Treasury on
+the conduct to be observed by officers of the General Government in
+relation to the elections:
+
+ No officer should be required or permitted to take part in the
+ management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express
+ their views on public questions, either orally or through the
+ press, is not denied, provided it does not interfere with
+ the discharge of their official duties. No assessment for
+ political purposes on officers or subordinates should be
+ allowed.
+
+
+This rule is applicable to every department of the civil service. It
+should be understood by every officer of the General Government that
+he is expected to conform his conduct to its requirements.
+
+Very respectfully,
+
+R.B. HAYES.
+
+[Footnote 2: Addressed to Federal officers generally.]
+
+
+
+EXECUTIVE MANSION, _August 7, 1877_.
+
+By virtue of authority conferred upon the President of the United
+States by the provisions of section 2132, Revised Statutes of the
+United States, as follows:
+
+ The President is authorized, whenever in his opinion the
+ public interest may require the same, to prohibit the
+ introduction of goods, or of any particular article, into
+ the country belonging to any Indian tribe, and to direct
+ all licenses to trade with such tribe to be revoked and all
+ applications therefor to be rejected. No trader to any other
+ tribe shall, so long as such prohibition may continue, trade
+ with any Indians of or for the tribe against which such
+ prohibition is issued--
+
+
+the introduction into the Indian country, for the purpose of sale or
+exchange to or with Indians, of any breech-loading firearms, and of
+any special ammunition adapted to such arms, and the sale and exchange
+to Indians in the Indian country of any such arms or ammunition, is
+hereby prohibited; and it is hereby directed that all authority under
+any license to trade in such arms or ammunition is hereby revoked.
+
+The introduction into the country or district occupied by any tribe of
+hostile Indians, for the purpose of sale or exchange to them, of arms
+or ammunition of any description, and the sale or exchange thereof to
+or with such Indians, is hereby prohibited; and it is hereby directed
+that all license to trade in arms or ammunition of any description
+with such tribe be revoked.
+
+By virtue of section 2150, Revised Statutes, as follows:
+
+ The military forces of the United States may be employed in
+ such manner and under such regulations as the President may
+ direct--
+
+ * * * * *
+
+ Third. In preventing the introduction of persons and property
+ into the Indian country contrary to law, which persons and
+ property shall be proceeded against according to law.
+
+ * * * * *
+
+All military commanders are hereby charged with the duty of assisting
+in the execution of the above order and of Executive order of November
+23, 1876,[3] the provisions of which are extended to include all
+Indian country within the Territories of Idaho, Utah, and Washington
+and the States of Nevada and Oregon.
+
+R.B. HAYES.
+
+[Footnote 3: See pp. 398-399.]
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _October 15, 1877._
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+The adjournment of the last Congress without making appropriations
+for the support of the Army for the present fiscal year has rendered
+necessary a suspension of payments to the officers and men of the sums
+due them for services rendered after the 30th day of June last.
+The Army exists by virtue of statutes which prescribe its numbers,
+regulate its organization and employment, and which fix the pay of its
+officers and men and declare their right to receive the same at stated
+periods. These statutes, however, do not authorize the payment of
+the troops in the absence of specific appropriations therefor. The
+Constitution has wisely provided that "no money shall be drawn from
+the Treasury but in consequence of appropriations made by law;" and
+it has also been declared by statute that "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." We have,
+therefore, an Army in service, authorized by law and entitled to be
+paid, but no funds available for that purpose.
+
+It may also be said, as an additional incentive to prompt action by
+Congress, that since the commencement of the fiscal year the Army,
+though without pay, has been constantly and actively employed in
+arduous and dangerous service, in the performance of which both
+officers and men have discharged their duty with fidelity and
+courage and without complaint. These circumstances, in my judgment,
+constituted an extraordinary occasion requiring that Congress be
+convened in advance of the time prescribed by law for your meeting in
+regular session. The importance of speedy action upon this subject
+on the part of Congress is so manifest that I venture to suggest the
+propriety of making the necessary appropriations for the support
+of the Army for the current year at its present maximum numerical
+strength of 25,000 men, leaving for future consideration all questions
+relating to an increase or decrease of the number of enlisted men.
+In the event of the reduction of the Army by subsequent legislation
+during the fiscal year, the excess of the appropriation could not
+be expended; and in the event of its enlargement the additional sum
+required for the payment of the extra force could be provided in due
+time. It would be unjust to the troops now in service, and whose pay
+is already largely in arrears, if payment to them should be further
+postponed until after Congress shall have considered all the questions
+likely to arise in the effort to fix the proper limit to the strength
+of the Army.
+
+Estimates of appropriations for the support of the military
+establishment for the fiscal year ending June 30, 1878, were
+transmitted to Congress by the former Secretary of the Treasury at the
+opening of its session in December last. These estimates, modified by
+the present Secretary so as to conform to present requirements, are
+now renewed, amounting to $32,436,764.98, and, having been transmitted
+to both Houses of Congress, are submitted for your consideration.
+
+There is also required by the Navy Department $2,003,861.24. This sum
+is made up of $1,446,688.16 due to officers and enlisted men for the
+last quarter of the last fiscal year; $311,953.50 due for advances
+made by the fiscal agent of the Government in London for the support
+of the foreign service; $50,000 due to the naval-hospital fund;
+$150,000 due for arrearages of pay to officers, and $45,219.58 for the
+support of the Marine Corps.
+
+There will also be needed an appropriation of $262,535.22 to defray
+the unsettled expenses of the United States courts for the fiscal year
+ending June 30 last, now due to attorneys, clerks, commissioners, and
+marshals, and for rent of court rooms, the support of prisoners, and
+other deficiencies.
+
+A part of the building of the Interior Department was destroyed by
+fire on the 24th of last month. Some immediate repairs and temporary
+structures have in consequence become necessary, estimates for which
+will be transmitted to Congress immediately, and an appropriation of
+the requisite funds is respectfully recommended.
+
+The Secretary of the Treasury will communicate to Congress, in
+connection with the estimates for the appropriations for the support
+of the Army for the current fiscal year, estimates for such other
+deficiencies in the different branches of the public service as
+require immediate action and can not without inconvenience be
+postponed until the regular session.
+
+I take this opportunity also to invite your attention to the propriety
+of adopting at your present session the necessary legislation
+to enable the people of the United States to participate in the
+advantages of the International Exhibition of Agriculture, Industry,
+and the Fine Arts which is to be held at Paris in 1878, and in which
+this Government has been invited by the Government of France to take
+part.
+
+This invitation was communicated to this Government in May, 1876,
+by the minister of France at this capital, and a copy thereof was
+submitted to the proper committees of Congress at its last session,
+but no action was taken upon the subject.
+
+The Department of State has received many letters from various parts
+of the country expressing a desire to participate in the exhibition,
+and numerous applications of a similar nature have also been made at
+the United States legation at Paris.
+
+The Department of State has also received official advice of the
+strong desire on the part of the French Government that the United
+States should participate in this enterprise, and space has hitherto
+been and still is reserved in the exhibition buildings for the use of
+exhibitors from the United States, to the exclusion of other parties
+who have been applicants therefor.
+
+In order that our industries may be properly represented at the
+exhibition, an appropriation will be needed for the payment of
+salaries and expenses of commissioners, for the transportation of
+goods, and for other purposes in connection with the object in view;
+and as May next is the time fixed for the opening of the exhibition,
+if our citizens are to share the advantages of this international
+competition for the trade of other nations the necessity of immediate
+action is apparent.
+
+To enable the United States to cooperate in the international
+exhibition which was held at Vienna in 1873, Congress then passed a
+joint resolution making an appropriation of $200,000 and authorizing
+the President to appoint a certain number of practical artisans and
+scientific men who should attend the exhibition and report their
+proceedings and observations to him. Provision was also made for the
+appointment of a number of honorary commissioners.
+
+I have felt that prompt action by Congress in accepting the invitation
+of the Government of France is of so much interest to the people of
+this country and so suitable to the cordial relations between the
+Governments of the two countries that the subject might properly be
+presented for attention at your present session.
+
+The Government of Sweden and Norway has addressed an official
+invitation to this Government to take part in the International Prison
+Congress to be held at Stockholm next year. The problem which the
+congress proposes to study--how to diminish crime--is one in which
+all civilized nations have an interest in common, and the congress
+of Stockholm seems likely to prove the most important convention ever
+held for the study of this grave question. Under authority of a joint
+resolution of Congress approved February 16, 1875, a commissioner was
+appointed by my predecessor to represent the United States upon that
+occasion, and the Prison Congress having been, at the earnest desire
+of the Swedish Government, postponed to 1878, his commission was
+renewed by me. An appropriation of $8,000 was made in the sundry civil
+act of 1875 to meet the expenses of the commissioner. I recommend
+the reappropriation of that sum for the same purpose, the former
+appropriation having been covered into the Treasury and being no
+longer available for the purpose without further action by Congress.
+The subject is brought to your attention at this time in view of
+circumstances which render it highly desirable that the commissioner
+should proceed to the discharge of his important duties immediately.
+
+As the several acts of Congress providing for detailed reports from
+the different Departments of the Government require their submission
+at the beginning of the regular annual session, I defer until that
+time any further reference to subjects of public interest.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith the report of a board of inquiry
+appointed by the Secretary of the Interior to examine into the causes
+of the fire which destroyed a part of the Interior Department building
+on the 24th of last month.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a report of the Secretary of
+the Navy, setting forth the particulars with reference to the existing
+deficiencies in the Navy Department.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 12, 1877_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 1st
+instant, I transmit herewith reports from the Secretary of State and
+the Secretary of War, with their accompanying papers.[4]
+
+R.B. HAYES.
+
+[Footnote 4: Correspondence relative to Mexican border troubles.]
+
+
+
+WASHINGTON, _November 12, 1877_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 5th
+instant, I transmit herewith reports from the Secretary of State and
+the Secretary of the Treasury, with their accompanying documents.[5]
+
+R.B. HAYES.
+
+[Footnote 5: Correspondence relative to the imposition of a
+differential duty of 50 cents per ton upon Spanish vessels entering
+ports of the United States.]
+
+
+
+EXECUTIVE MANSION, _November 12, 1877_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 16th of
+October, 1877, I have the honor to transmit herewith a statement of
+the appropriations and expenditures by the Navy Department from the
+4th of March, 1789, to June 30, 1876.
+
+A similar statement for the War Department is being prepared as
+rapidly as the limited clerical force in the Treasury Department will
+permit, and when completed will be transmitted to the Senate.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _November 12, 1877_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 30th of
+October, 1877, I have the honor to transmit herewith a statement of
+the annual appropriations and expenditures for army and navy pensions,
+showing also the repayments, the amounts carried to the surplus fund,
+and the net expenditures under each appropriation from March 4, 1789,
+to June 30, 1876.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 14, 1877_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 8th instant, I
+transmit herewith a report[6] from the Secretary of State.
+
+R.B. HAYES.
+
+[Footnote 6: Stating that the information relative to the forcible
+rescue of two prisoners from the jail of Starr County, Tex., by an
+armed band of Mexicans had been transmitted by the President to the
+House of Representatives on the 12th instant.]
+
+
+
+WASHINGTON, D.C., _November 15, 1887_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to its
+resolution of the 12th instant, a report[7] from the Secretary of
+State.
+
+R.B. HAYES.
+
+[Footnote 7: Relating to the indemnity paid by Spain on account of the
+execution of General Ryan and others at Santiago de Cuba.]
+
+
+
+WASHINGTON, _November 20, 1877_.
+
+_To the House of Representatives_:
+
+In answer to a joint resolution of the House of Representatives of the
+6th instant, requesting the opinions of the heads of the Departments
+respecting the obligatory use of the metrical system of weights and
+measures, I transmit herewith a report from the Secretary of State.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 27, 1877_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a declaration between the United States and the
+Government of Her Majesty the Queen of the United Kingdom of Great
+Britain and Ireland, for the reciprocal protection of the marks of
+manufacture and trade in the two countries, signed on the 24th of
+October, 1877.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+The completed circle of summer and winter, seedtime and harvest,
+has brought us to the accustomed season at which a religious people
+celebrates with praise and thanksgiving the enduring mercy of Almighty
+God. This devout and public confession of the constant dependence of
+man upon the divine favor for all the good gifts of life and health
+and peace and happiness, so early in our history made the habit of
+our people, finds in the survey of the past year new grounds for its
+joyful and grateful manifestation.
+
+In all the blessings which depend upon benignant seasons, this has
+indeed been a memorable year. Over the wide territory of our country,
+with all its diversity of soil and climate and products, the earth has
+yielded a bountiful return to the labor of the husbandman. The
+health of the people has been blighted by no prevalent or widespread
+diseases. No great disasters of shipwreck upon our coasts or to our
+commerce on the seas have brought loss and hardship to merchants or
+mariners and clouded the happiness of the community with sympathetic
+sorrow.
+
+In all that concerns our strength and peace and greatness as a nation;
+in all that touches the permanence and security of our Government and
+the beneficent institutions on which it rests; in all that affects
+the character and dispositions of our people and tests our capacity
+to enjoy and uphold the equal and free condition of society, now
+permanent and universal throughout the land, the experience of the
+last year is conspicuously marked by the protecting providence of God
+and is full of promise and hope for the coming generations.
+
+Under a sense of these infinite obligations to the Great Ruler of
+Times and Seasons and Events, let us humbly ascribe it to our own
+faults and frailties if in any degree that perfect concord and
+happiness, peace and justice, which such great mercies should diffuse
+through the hearts and lives of our people do not altogether and
+always and everywhere prevail. Let us with one spirit and with one
+voice lift up praise and thanksgiving to God for His manifold goodness
+to our land, His manifest care for our nation.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 29th day of November next, as a day
+of national thanksgiving and prayer; and I earnestly recommend that,
+withdrawing themselves from secular cares and labors, the people of
+the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 29th day of October, A.D.
+1877, and of the Independence of the United States the one hundred and
+second.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+EXECUTIVE MANSION, _Washington, D.C., November 2, 1877_.
+
+I lament the sad occasion which makes it my duty to testify the public
+respect for the eminent citizen and distinguished statesman whose
+death yesterday at his home in Indianapolis has been made known to the
+people by telegraphic announcement.
+
+The services of Oliver P. Morton to the nation in the difficult and
+responsible administration of the affairs of the State of Indiana
+as its governor at a critical juncture of the civil war can never be
+overvalued by his countrymen. His long service in the Senate has shown
+his great powers as a legislator and as a leader and chief counselor
+of the political party charged with the conduct of the Government
+during that period.
+
+In all things and at all times he has been able, strenuous, and
+faithful in the public service, and his fame with his countrymen rests
+upon secure foundations.
+
+The several Executive Departments will be closed on the day of his
+funeral, and appropriate honors should be paid to the memory of the
+deceased statesman by the whole nation.
+
+R.B. HAYES.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+DECEMBER 3, 1877.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+With devout gratitude to the bountiful Giver of All Good, I
+congratulate you that at the beginning of your first regular session
+you find our country blessed with health and peace and abundant
+harvests, and with encouraging prospects of an early return of general
+prosperity.
+
+To complete and make permanent the pacification of the country
+continues to be, and until it is fully accomplished must remain, the
+most important of all our national interests. The earnest purpose of
+good citizens generally to unite their efforts in this endeavor is
+evident. It found decided expression in the resolutions announced in
+1876 by the national conventions of the leading political parties of
+the country. There was a widespread apprehension that the momentous
+results in our progress as a nation marked by the recent amendments
+to the Constitution were in imminent jeopardy; that the good
+understanding which prompted their adoption, in the interest of a
+loyal devotion to the general welfare, might prove a barren truce, and
+that the two sections of the country, once engaged in civil strife,
+might be again almost as widely severed and disunited as they were
+when arrayed in arms against each other.
+
+The course to be pursued, which, in my judgment, seemed wisest in
+the presence of this emergency, was plainly indicated in my inaugural
+address. It pointed to the time, which all our people desire to see,
+when a genuine love of our whole country and of all that concerns
+its true welfare shall supplant the destructive forces of the mutual
+animosity of races and of sectional hostility. Opinions have differed
+widely as to the measures best calculated to secure this great end.
+This was to be expected. The measures adopted by the Administration
+have been subjected to severe and varied criticism. Any course
+whatever which might have been entered upon would certainly have
+encountered distrust and opposition. These measures were, in my
+judgment, such as were most in harmony with the Constitution and
+with the genius of our people, and best adapted, under all the
+circumstances, to attain the end in view. Beneficent results, already
+apparent, prove that these endeavors are not to be regarded as a
+mere experiment, and should sustain and encourage us in our efforts.
+Already, in the brief period which has elapsed, the immediate
+effectiveness, no less than the justice, of the course pursued is
+demonstrated, and I have an abiding faith that time will furnish
+its ample vindication in the minds of the great majority of my
+fellow-citizens. The discontinuance of the use of the Army for the
+purpose of upholding local governments in two States of the Union was
+no less a constitutional duty and requirement, under the circumstances
+existing at the time, than it was a much-needed measure for the
+restoration of local self-government and the promotion of national
+harmony. The withdrawal of the troops from such employment was
+effected deliberately, and with solicitous care for the peace and good
+order of society and the protection of the property and persons and
+every right of all classes of citizens.
+
+The results that have followed are indeed significant and encouraging.
+All apprehension of danger from remitting those States to local
+self-government is dispelled, and a most salutary change in the minds
+of the people has begun and is in progress in every part of that
+section of the country once the theater of unhappy civil strife,
+substituting for suspicion, distrust, and aversion, concord,
+friendship, and patriotic attachment to the Union. No unprejudiced
+mind will deny that the terrible and often fatal collisions which for
+several years have been of frequent occurrence and have agitated and
+alarmed the public mind have almost entirely ceased, and that a spirit
+of mutual forbearance and hearty national interest has succeeded.
+There has been a general reestablishment of order and of the orderly
+administration of justice. Instances of remaining lawlessness have
+become of rare occurrence; political turmoil and turbulence have
+disappeared; useful industries have been resumed; public credit in
+the Southern States has been greatly strengthened, and the encouraging
+benefits of a revival of commerce between the sections of the country
+lately embroiled in civil war are fully enjoyed. Such are some of
+the results already attained, upon which the country is to be
+congratulated. They are of such importance that we may with confidence
+patiently await the desired consummation that will surely come with
+the natural progress of events.
+
+It may not be improper here to say that it should be our fixed and
+unalterable determination to protect by all available and proper means
+under the Constitution and the laws the lately emancipated race in
+the enjoyment of their rights and privileges; and I urge upon those
+to whom heretofore the colored people have sustained the relation of
+bondmen the wisdom and justice of humane and liberal local legislation
+with respect to their education and general welfare. A firm adherence
+to the laws, both national and State, as to the civil and political
+rights of the colored people, now advanced to full and equal
+citizenship; the immediate repression and sure punishment by the
+national and local authorities, within their respective jurisdictions,
+of every instance of lawlessness and violence toward them, is required
+for the security alike of both races, and is justly demanded by the
+public opinion of the country and the age. In this way the restoration
+of harmony and good will and the complete protection of every citizen
+in the full enjoyment of every constitutional right will surely be
+attained. Whatever authority rests with me to this end I shall not
+hesitate to put forth.
+
+Whatever belongs to the power of Congress and the jurisdiction of the
+courts of the Union, they may confidently be relied upon to provide
+and perform; and to the legislatures, the courts, and the executive
+authorities of the several States I earnestly appeal to secure, by
+adequate, appropriate, and seasonable means, within their borders,
+these common and uniform rights of a united people which loves
+liberty, abhors oppression, and reveres justice. These objects are
+very dear to my heart. I shall continue most earnestly to strive
+for their attainment. The cordial cooperation of all classes, of
+all sections of the country and of both races, is required for this
+purpose; and with these blessings assured, and not otherwise, we
+may safely hope to hand down our free institutions of government
+unimpaired to the generations that will succeed us.
+
+Among the other subjects of great and general importance to the people
+of this country, I can not be mistaken, I think, in regarding as
+preeminent the policy and measures which are designed to secure the
+restoration of the currency to that normal and healthful condition in
+which, by the resumption of specie payments, our internal trade
+and foreign commerce may be brought into harmony with the system of
+exchanges which is based upon the precious metals as the intrinsic
+money of the world. In the public judgment that this end should be
+sought and compassed as speedily and securely as the resources of the
+people and the wisdom of their Government can accomplish, there is
+a much greater degree of unanimity than is found to concur in the
+specific measures which will bring the country to this desired end or
+the rapidity of the steps by which it can be safely reached.
+
+Upon a most anxious and deliberate examination, which I have felt it
+my duty to give to the subject, I am but the more confirmed in
+the opinion which I expressed in accepting the nomination for the
+Presidency, and again upon my inauguration, that the policy of
+resumption should be pursued by every suitable means, and that no
+legislation would be wise that should disparage the importance or
+retard the attainment of that result. I have no disposition, and
+certainly no right, to question the sincerity or the intelligence
+of opposing opinions, and would neither conceal nor undervalue the
+considerable difficulties, and even occasional distresses, which may
+attend the progress of the nation toward this primary condition to its
+general and permanent prosperity. I must, however, adhere to my most
+earnest conviction that any wavering in purpose or unsteadiness
+in methods, so far from avoiding or reducing the inconvenience
+inseparable from the transition from an irredeemable to a redeemable
+paper currency, would only tend to increased and prolonged disturbance
+in values, and unless retrieved must end in serious disorder,
+dishonor, and disaster in the financial affairs of the Government and
+of the people.
+
+The mischiefs which I apprehend and urgently deprecate are confined
+to no class of the people, indeed, but seem to me most certainly to
+threaten the industrious masses, whether their occupations are of
+skilled or common labor. To them, it seems to me, it is of prime
+importance that their labor should be compensated in money which is
+itself fixed in exchangeable value by being irrevocably measured by
+the labor necessary to its production. This permanent quality of
+the money of the people is sought for, and can only be gained by
+the resumption of specie payments. The rich, the speculative, the
+operating, the money-dealing classes may not always feel the mischiefs
+of, or may find casual profits in, a variable currency, but the
+misfortunes of such a currency to those who are paid salaries or wages
+are inevitable and remediless.
+
+Closely connected with this general subject of the resumption of
+specie payments is one of subordinate, but still of grave, importance;
+I mean the readjustment of our coinage system by the renewal of
+the silver dollar as an element in our specie currency, endowed by
+legislation with the quality of legal tender to a greater or less
+extent.
+
+As there is no doubt of the power of Congress under the Constitution
+"to coin money and regulate the value thereof," and as this power
+covers the whole range of authority applicable to the metal, the
+rated, value and the legal-tender quality which shall be adopted for
+the coinage, the considerations which should induce or discourage a
+particular measure connected with the coinage, belong clearly to the
+province of legislative discretion and of public expediency. Without
+intruding upon this province of legislation in the least, I have
+yet thought the subject of such critical importance, in the actual
+condition of our affairs, as to present an occasion for the
+exercise of the duty imposed by the Constitution on the President of
+recommending to the consideration of Congress "such measures as he
+shall judge necessary and expedient."
+
+Holding the opinion, as I do, that neither the interests of the
+Government nor of the people of the United States would be promoted by
+disparaging silver as one of the two precious metals which furnish the
+coinage of the world, and that legislation which looks to maintaining
+the volume of intrinsic money to as full a measure of both metals as
+their relative commercial values will permit would be neither unjust
+nor inexpedient, I must ask your indulgence to a brief and definite
+statement of certain essential features in any such legislative
+measure which I feel it my duty to recommend.
+
+I do not propose to enter the debate, represented on both sides by
+such able disputants in Congress and before the people and in the
+press, as to the extent to which the legislation of any one nation
+can control this question, even within its own borders, against the
+unwritten laws of trade or the positive laws of other governments. The
+wisdom of Congress in shaping any particular law that may be presented
+for my approval may wholly supersede the necessity of my entering into
+these considerations, and I willingly avoid either vague or intricate
+inquiries. It is only certain plain and practical traits of such
+legislation that I desire to recommend to your attention.
+
+In any legislation providing for a silver coinage, regulating its
+value, and imparting to it the quality of legal tender, it seems to me
+of great importance that Congress should not lose sight of its action
+as operating in a twofold capacity and in two distinct directions.
+If the United States Government were free from a public debt, its
+legislative dealing with the question of silver coinage would be
+purely sovereign and governmental, under no restraints but those of
+constitutional power and the public good as affected by the proposed
+legislation. But in the actual circumstances of the nation, with a
+vast public debt distributed very widely among our own citizens and
+held in great amounts also abroad, the nature of the silver-coinage
+measure, as affecting this relation of the Government to the holders
+of the public debt, becomes an element, in any proposed legislation,
+of the highest concern. The obligation of the public faith
+transcends all questions of profit or public advantage otherwise.
+Its unquestionable maintenance is the dictate as well of the highest
+expediency as of the most necessary duty, and will ever be carefully
+guarded by Congress and people alike.
+
+The public debt of the United States to the amount of $729,000,000
+bears interest at the rate of 6 per cent, and $708,000,000 at the rate
+of 5 per cent, and the only way in which the country can be relieved
+from the payment of these high rates of interest is by advantageously
+refunding the indebtedness. Whether the debt is ultimately paid in
+gold or in silver coin is of but little moment compared with the
+possible reduction of interest one-third by refunding it at such
+reduced rate. If the United States had the unquestioned right to pay
+its bonds in silver coin, the little benefit from that process would
+be greatly overbalanced by the injurious effect of such payment
+if made or proposed against the honest convictions of the public
+creditors.
+
+All the bonds that have been issued since February 12, 1873, when
+gold became the only unlimited legal-tender metallic currency of the
+country, are justly payable in gold coin or in coin of equal value.
+During the time of these issues the only dollar that could be or was
+received by the Government in exchange for bonds was the gold dollar.
+To require the public creditors to take in repayment any dollar of
+less commercial value would be regarded by them as a repudiation
+of the full obligation assumed. The bonds issued prior to 1873 were
+issued at a time when the gold dollar was the only coin in circulation
+or contemplated by either the Government or the holders of the bonds
+as the coin in which they were to be paid. It is far better to
+pay these bonds in that coin than to seem to take advantage of the
+unforeseen fall in silver bullion to pay in a new issue of silver coin
+thus made so much less valuable. The power of the United States
+to coin money and to regulate the value thereof ought never to be
+exercised for the purpose of enabling the Government to pay its
+obligations in a coin of less value than that contemplated by the
+parties when the bonds were issued. Any attempt to pay the national
+indebtedness in a coinage of less commercial value than the money
+of the world would involve a violation of the public faith and work
+irreparable injury to the public credit.
+
+It was the great merit of the act of March, 1869, in strengthening
+the public credit, that it removed all doubt as to the purpose of the
+United States to pay their bonded debt in coin. That act was accepted
+as a pledge of public faith. The Government has derived great benefit
+from it in the progress thus far made in refunding the public debt at
+low rates of interest. An adherence to the wise and just policy of
+an exact observance of the public faith will enable the Government
+rapidly to reduce the burden of interest on the national debt to an
+amount exceeding $20,000,000 per annum, and effect an aggregate saving
+to the United States of more than $300,000,000 before the bonds can be
+fully paid.
+
+In adapting the new silver coinage to the ordinary uses of currency in
+the everyday transactions of life and prescribing the quality of legal
+tender to be assigned to it, a consideration of the first importance
+should be so to adjust the ratio between the silver and the gold
+coinage, which now constitutes our specie currency, as to accomplish
+the desired end of maintaining the circulation of the two metallic
+currencies and keeping up the volume of the two precious metals as our
+intrinsic money. It is a mixed question, for scientific reasoning
+and historical experience to determine, how far and by what methods a
+practical equilibrium can be maintained which will keep both metals in
+circulation in their appropriate spheres of common use.
+
+An absolute equality of commercial value, free from disturbing
+fluctuations, is hardly attainable, and without it an unlimited
+legal tender for private transactions assigned to both metals would
+irresistibly tend to drive out of circulation the dearer coinage and
+disappoint the principal object proposed by the legislation in view.
+I apprehend, therefore, that the two conditions of a near approach to
+equality of commercial value between the gold and silver coinage of
+the same denomination and of a limitation of the amounts for which the
+silver coinage is to be a legal tender are essential to maintaining
+both in circulation. If these conditions can be successfully observed,
+the issue from the mint of silver dollars would afford material
+assistance to the community in the transition to redeemable paper
+money, and would facilitate the resumption of specie payment and its
+permanent establishment. Without these conditions I fear that only
+mischief and misfortune would flow from a coinage of silver
+dollars with the quality of unlimited legal tender, even in private
+transactions.
+
+Any expectation of temporary ease from an issue of silver coinage to
+pass as a legal tender at a rate materially above its commercial value
+is, I am persuaded, a delusion. Nor can I think that there is any
+substantial distinction between an original issue of silver dollars
+at a nominal value materially above their commercial value and the
+restoration of the silver dollar at a rate which once was, but has
+ceased to be, its commercial value. Certainly the issue of our gold
+coinage, reduced in weight materially below its legal-tender value,
+would not be any the less a present debasement of the coinage by
+reason of its equaling, or even exceeding, in weight a gold
+coinage which at some past time had been commercially equal to the
+legal-tender value assigned to the new issue.
+
+In recommending that the regulation of any silver coinage which may be
+authorized by Congress should observe these conditions of commercial
+value and limited legal tender, I am governed by the feeling that
+every possible increase should be given to the volume of metallic
+money which can be kept in circulation, and thereby every possible aid
+afforded to the people in the process of resuming specie payments. It
+is because of my firm conviction that a disregard of these conditions
+would frustrate the good results which are desired from the proposed
+coinage, and embarrass with new elements of confusion and uncertainty
+the business of the country, that I urge upon your attention these
+considerations.
+
+I respectfully recommend to Congress that in any legislation providing
+for a silver coinage and imparting to it the quality of legal tender
+there be impressed upon the measure a firm provision exempting the
+public debt heretofore issued and now outstanding from payment, either
+of principal or interest, in any coinage of less commercial value than
+the present gold coinage of the country.
+
+The organization of the civil service of the country has for a number
+of years attracted more and more of the public attention. So general
+has become the opinion that the methods of admission to it and
+the conditions of remaining in it are unsound that both the great
+political parties have agreed in the most explicit declarations of the
+necessity of reform and in the most emphatic demands for it. I have
+fully believed these declarations and demands to be the expression of
+a sincere conviction of the intelligent masses of the people upon the
+subject, and that they should be recognized and followed by earnest
+and prompt action on the part of the legislative and executive
+departments of the Government, in pursuance of the purpose indicated.
+
+Before my accession to office I endeavored to have my own views
+distinctly understood, and upon my inauguration my accord with
+the public opinion was stated in terms believed to be plain and
+unambiguous. My experience in the executive duties has strongly
+confirmed the belief in the great advantage the country would find in
+observing strictly the plan of the Constitution, which imposes upon
+the Executive the sole duty and responsibility of the selection of
+those Federal officers who by law are appointed, not elected, and
+which in like manner assigns to the Senate the complete right to
+advise and consent to or to reject the nominations so made, whilst
+the House of Representatives stands as the public censor of the
+performance of official duties, with the prerogative of investigation
+and prosecution in all cases of dereliction. The blemishes and
+imperfections in the civil service may, as I think, be traced in most
+cases to a practical confusion of the duties assigned to the several
+Departments of the Government. My purpose in this respect has been
+to return to the system established by the fundamental law, and to
+do this with the heartiest cooperation and most cordial understanding
+with the Senate and House of Representatives.
+
+The practical difficulties in the selection of numerous officers for
+posts of widely varying responsibilities and duties are acknowledged
+to be very great. No system can be expected to secure absolute freedom
+from mistakes, and the beginning of any attempted change of custom
+is quite likely to be more embarrassed in this respect than any
+subsequent period. It is here that the Constitution seems to me to
+prove its claim to the great wisdom accorded to it. It gives to
+the Executive the assistance of the knowledge and experience of the
+Senate, which, when acting upon nominations as to which they may be
+disinterested and impartial judges, secures as strong a guaranty of
+freedom from errors of importance as is perhaps possible in human
+affairs.
+
+In addition to this, I recognize the public advantage of making all
+nominations, as nearly as possible, impersonal, in the sense of being
+free from mere caprice or favor in the selection; and in those offices
+in which special training is of greatly increased value I believe such
+a rule as to the tenure of office should obtain as may induce men of
+proper qualifications to apply themselves industriously to the task of
+becoming proficients. Bearing these things in mind, I have endeavored
+to reduce the number of changes in subordinate places usually made
+upon the change of the general administration, and shall most heartily
+cooperate with Congress in the better systematizing of such methods
+and rules of admission to the public service and of promotion within
+it as may promise to be most successful in making thorough competency,
+efficiency, and character the decisive tests in these matters.
+
+I ask the renewed attention of Congress to what has already been done
+by the Civil Service Commission, appointed, in pursuance of an act
+of Congress, by my predecessor, to prepare and revise civil-service
+rules. In regard to much of the departmental service, especially at
+Washington, it may be difficult to organize a better system than
+that which has thus been provided, and it is now being used to a
+considerable extent under my direction. The Commission has still a
+legal existence, although for several years no appropriation has been
+made for defraying its expenses. Believing that this Commission
+has rendered valuable service and will be a most useful agency in
+improving the administration of the civil service, I respectfully
+recommend that a suitable appropriation, to be immediately available,
+be made to enable it to continue its labors.
+
+It is my purpose to transmit to Congress as early as practicable a
+report by the chairman of the Commission, and to ask your attention
+to such measures on this subject as in my opinion will further promote
+the improvement of the civil service.
+
+During the past year the United States have continued to maintain
+peaceful relations with foreign powers.
+
+The outbreak of war between Russia and Turkey, though at one time
+attended by grave apprehension as to its effect upon other European
+nations, has had no tendency to disturb the amicable relations
+existing between the United States and each of the two contending
+powers. An attitude of just and impartial neutrality has been
+preserved, and I am gratified to state that in the midst of their
+hostilities both the Russian and the Turkish Governments have shown an
+earnest disposition to adhere to the obligations of all treaties with
+the United States and to give due regard to the rights of American
+citizens.
+
+By the terms of the treaty defining the rights, immunities, and
+privileges of consuls, between Italy and the United States, ratified
+in 1868, either Government may, after the lapse of ten years,
+terminate the existence of the treaty by giving twelve months' notice
+of its intention. The Government of Italy, availing itself of this
+faculty, has now given the required notice, and the treaty will
+accordingly end on the 17th of September, 1878. It is understood,
+however, that the Italian Government wishes to renew it in its general
+scope, desiring only certain modifications in some of its articles.
+In this disposition I concur, and shall hope that no serious obstacles
+may intervene to prevent or delay the negotiation of a satisfactory
+treaty.
+
+Numerous questions in regard to passports, naturalization, and
+exemption from military service have continued to arise in cases of
+emigrants from Germany who have returned to their native country. The
+provisions of the treaty of February 22, 1868, however, have proved to
+be so ample and so judicious that the legation of the United States at
+Berlin has been able to adjust all claims arising under it, not only
+without detriment to the amicable relations existing between the two
+Governments, but, it is believed, without injury or injustice to any
+duly naturalized American citizen. It is desirable that the treaty
+originally made with the North German Union in 1868 should now be
+extended so as to apply equally to all the States of the Empire of
+Germany.
+
+The invitation of the Government of France to participate in the
+Exposition of the Products of Agriculture, Industry, and the Fine
+Arts to be held at Paris during the coming year was submitted for
+your consideration at the extra session. It is not doubted that its
+acceptance by the United States, and a well-selected exhibition of the
+products of American industry on that occasion, will tend to stimulate
+international commerce and emigration, as well as to promote the
+traditional friendship between the two countries.
+
+A question arose some time since as to the proper meaning of the
+extradition articles of the treaty of 1842 between the United States
+and Great Britain. Both Governments, however, are now in accord in
+the belief that the question is not one that should be allowed to
+frustrate the ends of justice or to disturb the friendship between
+the two nations. No serious difficulty has arisen in accomplishing
+the extradition of criminals when necessary. It is probable that all
+points of disagreement will in due time be settled, and, if need be,
+more explicit declarations be made in a new treaty.
+
+The Fishery Commission under Articles XVIII to XXV of the treaty of
+Washington has concluded its session at Halifax. The result of the
+deliberations of the commission, as made public by the commissioners,
+will be communicated to Congress.
+
+A treaty for the protection of trade-marks has been negotiated
+with Great Britain, which has been submitted to the Senate for its
+consideration.
+
+The revolution which recently occurred in Mexico was followed by the
+accession of the successful party to power and the installation of its
+chief, General Porfirio Diaz, in the Presidential office. It has been
+the custom of the United States, when such changes of government have
+heretofore occurred in Mexico, to recognize and enter into official
+relations with the _de facto_ government as soon as it should appear
+to have the approval of the Mexican people and should manifest a
+disposition to adhere to the obligations of treaties and international
+friendship. In the present case such official recognition has been
+deferred by the occurrences on the Rio Grande border, the records
+of which have been already communicated to each House of Congress in
+answer to their respective resolutions of inquiry. Assurances
+have been received that the authorities at the seat of the Mexican
+Government have both the disposition and the power to prevent and
+punish such unlawful invasions and depredations. It is earnestly to be
+hoped that events may prove these assurances to be well founded. The
+best interests of both countries require the maintenance of peace upon
+the border and the development of commerce between the two Republics.
+
+It is gratifying to add that this temporary interruption of official
+relations has not prevented due attention by the representatives of
+the United States in Mexico to the protection of American citizens, so
+far as practicable; nor has it interfered with the prompt payment of
+the amounts due from Mexico to the United States under the treaty of
+July 4, 1868, and the awards of the joint commission. While I do not
+anticipate an interruption of friendly relations with Mexico, yet I
+can not but look with some solicitude upon a continuance of border
+disorders as exposing the two countries to initiations of popular
+feeling and mischances of action which are naturally unfavorable to
+complete amity. Firmly determined that nothing shall be wanting on my
+part to promote a good understanding between the two nations, I yet
+must ask the attention of Congress to the actual occurrences on the
+border, that the lives and property of our citizens may be adequately
+protected and peace preserved.
+
+Another year has passed without bringing to a close the protracted
+contest between the Spanish Government and the insurrection in the
+island of Cuba. While the United States have sedulously abstained from
+any intervention in this contest, it is impossible not to feel that
+it is attended with incidents affecting the rights and interests of
+American citizens. Apart from the effect of the hostilities upon
+trade between the United States and Cuba, their progress is inevitably
+accompanied by complaints, having more or less foundation, of
+searches, arrests, embargoes, and oppressive taxes upon the property
+of American residents, and of unprovoked interference with American
+vessels and commerce. It is due to the Government of Spain to say that
+during the past year it has promptly disavowed and offered reparation
+for any unauthorized acts of unduly zealous subordinates whenever
+such acts have been brought to its attention. Nevertheless, such
+occurrences can not but tend to excite feelings of annoyance,
+suspicion, and resentment, which are greatly to be deprecated, between
+the respective subjects and citizens of two friendly powers.
+
+Much delay (consequent upon accusations of fraud in some of the
+awards) has occurred in respect to the distribution of the limited
+amounts received from Venezuela under the treaty of April 25, 1866,
+applicable to the awards of the joint commission created by that
+treaty. So long as these matters are pending in Congress the Executive
+can not assume either to pass upon the questions presented or to
+distribute the fund received. It is eminently desirable that definite
+legislative action should be taken, either affirming the awards to be
+final or providing some method for reexamination of the claims. Our
+relations with the Republics of Central and South America and with the
+Empire of Brazil have continued without serious change, further than
+the temporary interruption of diplomatic intercourse with Venezuela
+and with Guatemala. Amicable relations have already been fully
+restored with Venezuela, and it is not doubted that all grounds of
+misunderstanding with Guatemala will speedily be removed. From all
+these countries there are favorable indications of a disposition on
+the part of their Governments and people to reciprocate our efforts in
+the direction of increased commercial intercourse.
+
+The Government of the Samoan Islands has sent an envoy, in the person
+of its secretary of state, to invite the Government of the United
+States to recognize and protect their independence, to establish
+commercial relations with their people, and to assist them in their
+steps toward regulated and responsible government. The inhabitants
+of these islands, having made considerable progress in Christian
+civilization and the development of trade, are doubtful of their
+ability to maintain peace and independence without the aid of some
+stronger power. The subject is deemed worthy of respectful attention,
+and the claims upon our assistance by this distant community will be
+carefully considered.
+
+The long commercial depression in the United States has directed
+attention to the subject of the possible increase of our foreign trade
+and the methods for its development, not only with Europe, but with
+other countries, and especially with the States and sovereignties of
+the Western Hemisphere. Instructions from the Department of State
+were issued to the various diplomatic and consular officers of the
+Government, asking them to devote attention to the question of methods
+by which trade between the respective countries of their official
+residence and the United States could be most judiciously fostered.
+In obedience to these instructions, examinations and reports upon this
+subject have been made by many of these officers and transmitted to
+the Department, and the same are submitted to the consideration of
+Congress.
+
+The annual report of the Secretary of the Treasury on the state of the
+finances presents important questions for the action of Congress, upon
+some of which I have already remarked.
+
+The revenues of the Government during the fiscal year ending June 30,
+1877, were $269,000,586.62; the total expenditures for the same period
+were $238,660,008.93, leaving a surplus revenue of $30,340,577.69.
+This has substantially supplied the requirements of the sinking fund
+for that year. The estimated revenues of the current fiscal year are
+$265,500,000, and the estimated expenditures for the same period are
+$232,430,643.72. If these estimates prove to be correct, there will be
+a surplus revenue of $33,069,356.28--an amount nearly sufficient for
+the sinking fund for that year. The estimated revenues for the next
+fiscal year are $269,250,000. It appears from the report that during
+the last fiscal year the revenues of the Government, compared with the
+previous year, have largely decreased. This decrease, amounting to the
+sum of $18,481,452.54, was mainly in customs duties, caused partly
+by a large falling off of the amount of imported dutiable goods and
+partly by the general fall of prices in the markets of production of
+such articles as pay _ad valorem_ taxes.
+
+While this is felt injuriously in the diminution of the revenue, it
+has been accompanied with a very large increase of exportations. The
+total exports during the last fiscal year, including coin, have
+been $658,637,457, and the imports have been $492,097,540, leaving a
+balance of trade in favor of the United States amounting to the sum of
+$166,539,917, the beneficial effects of which extend to all branches
+of business.
+
+The estimated revenue for the next fiscal year will impose upon
+Congress the duty of strictly limiting appropriations, including the
+requisite sum for the maintenance of the sinking fund, within the
+aggregate estimated receipts.
+
+While the aggregate of taxes should not be increased, amendments
+might be made to the revenue laws that would, without diminishing the
+revenue, relieve the people from unnecessary burdens. A tax on tea and
+coffee is shown by the experience not only of our own country, but
+of other countries, to be easily collected, without loss by
+undervaluation or fraud, and largely borne in the country of
+production. A tax of 10 cents a pound on tea and 2 cents a pound on
+coffee would produce a revenue exceeding $12,000,000, and thus enable
+Congress to repeal a multitude of annoying taxes yielding a revenue
+not exceeding that sum. The internal-revenue system grew out of the
+necessities of the war, and most of the legislation imposing taxes
+upon domestic products under this system has been repealed. By the
+substitution of a tax on tea and coffee all forms of internal taxation
+may be repealed, except that on whisky, spirits, tobacco, and beer.
+Attention is also called to the necessity of enacting more vigorous
+laws for the protection of the revenue and for the punishment of
+frauds and smuggling. This can best be done by judicious provisions
+that will induce the disclosure of attempted fraud by undervaluation
+and smuggling. All revenue laws should be simple in their provisions
+and easily understood. So far as practicable, the rates of taxation
+should be in the form of specific duties, and not _ad valorem_,
+requiring the judgment of experienced men to ascertain values and
+exposing the revenue to the temptation of fraud.
+
+My attention has been called during the recess of Congress to abuses
+existing in the collection of the customs, and strenuous efforts
+have been made for their correction by Executive orders. The
+recommendations submitted to the Secretary of the Treasury by a
+commission appointed to examine into the collection of customs duties
+at the port of New York contain many suggestions for the modification
+of the customs laws, to which the attention of Congress is invited.
+
+It is matter of congratulation that notwithstanding the severe
+burdens caused by the war the public faith with all creditors has been
+preserved, and that as the result of this policy the public credit has
+continuously advanced and our public securities are regarded with the
+highest favor in the markets of the world. I trust that no act of the
+Government will cast a shadow upon its credit.
+
+The progress of refunding the public debt has been rapid and
+satisfactory. Under the contract existing when I entered upon the
+discharge of the duties of my office, bonds bearing interest at the
+rate of 4-1/2 per cent were being rapidly sold, and within three
+months the aggregate sales of these bonds had reached the sum of
+$200,000,000. With my sanction the Secretary of the Treasury entered
+into a new contract for the sale of 4 per cent bonds, and within
+thirty days after the popular subscription for such bonds was opened
+subscriptions were had amounting to $75,496,550, which were paid for
+within ninety days after the date of subscription. By this process,
+within but little more than one year, the annual interest on the
+public debt was reduced in the sum of $3,775,000.
+
+I recommended that suitable provision be made to enable the people to
+easily convert their savings into Government securities, as the best
+mode in which small savings may be well secured and yield a moderate
+interest. It is an object of public policy to retain among our own
+people the securities of the United States. In this way our country is
+guarded against their sudden return from foreign countries, caused by
+war or other disturbances beyond our limits.
+
+The commerce of the United States with foreign nations, and especially
+the export of domestic productions, has of late years largely
+increased; but the greater portion of this trade is conducted in
+foreign vessels. The importance of enlarging our foreign trade, and
+especially by direct and speedy interchange with countries on this
+continent, can not be overestimated; and it is a matter of great
+moment that our own shipping interest should receive, to the utmost
+practical extent, the benefit of our commerce with other lands. These
+considerations are forcibly urged by all the large commercial cities
+of the country, and public attention is generally and wisely attracted
+to the solution of the problems they present. It is not doubted that
+Congress will take them up in the broadest spirit of liberality
+and respond to the public demand by practical legislation upon this
+important subject.
+
+The report of the Secretary of War shows that the Army has been
+actively employed during the year, and has rendered very important
+service in suppressing hostilities in the Indian country and in
+preserving peace and protecting life and property in the interior as
+well as along the Mexican border. A long and arduous campaign has been
+prosecuted, with final complete success, against a portion of the Nez
+Percé tribe of Indians. A full account of this campaign will be found
+in the report of the General of the Army. It will be seen that in
+its course several severe battles were fought, in which a number of
+gallant officers and men lost their lives. I join with the Secretary
+of War and the General of the Army in awarding to the officers and men
+employed in the long and toilsome pursuit and in the final capture of
+these Indians the honor and praise which are so justly their due.
+
+The very serious riots which occurred in several of the States in July
+last rendered necessary the employment of a considerable portion of
+the Army to preserve the peace and maintain order. In the States of
+West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
+were so formidable as to defy the local and State authorities, and
+the National Executive was called upon, in the mode provided by the
+Constitution and laws, to furnish military aid. I am gratified to be
+able to state that the troops sent in response to these calls for aid
+in the suppression of domestic violence were able, by the influence
+of their presence in the disturbed regions, to preserve the peace
+and restore order without the use of force. In the discharge of this
+delicate and important duty both officers and men acted with great
+prudence and courage, and for their services deserve the thanks of the
+country.
+
+Disturbances along the Rio Grande in Texas, to which I have already
+referred, have rendered necessary the constant employment of a
+military force in that vicinity. A full report of all recent military
+operations in that quarter has been transmitted to the House of
+Representatives in answer to a resolution of that body, and it will
+therefore not be necessary to enter into details. I regret to say that
+these lawless incursions into our territory by armed bands from the
+Mexican side of the line, for the purpose of robbery, have been of
+frequent occurrence, and in spite of the most vigilant efforts of
+the commander of our forces the marauders have generally succeeded in
+escaping into Mexico with their plunder. In May last I gave orders for
+the exercise of the utmost vigilance on the part of our troops for the
+suppression of these raids and the punishment of the guilty parties,
+as well as the recapture of property stolen by them. General Ord,
+commanding in Texas, was directed to invite the cooperation of the
+Mexican authorities in efforts to this end, and to assure them that I
+was anxious to avoid giving the least offense to Mexico. At the same
+time, he was directed to give notice of my determination to put an
+end to the invasion of our territory by lawless bands intent upon the
+plunder of our peaceful citizens, even if the effectual punishment of
+the outlaws should make the crossing of the border by our troops in
+their pursuit necessary. It is believed that this policy has had
+the effect to check somewhat these depredations, and that with
+a considerable increase of our force upon that frontier and the
+establishment of several additional military posts along the Rio
+Grande, so as more effectually to guard that extensive border, peace
+may be preserved and the lives and property of our citizens in Texas
+fully protected.
+
+Prior to the 1st day of July last the Army was, in accordance with
+law, reduced to the maximum of 25,000 enlisted men, being a reduction
+of 2,500 below the force previously authorized. This reduction was
+made, as required by law, entirely from the infantry and artillery
+branches of the service, without any reduction of the cavalry. Under
+the law as it now stands it is necessary that the cavalry regiments
+be recruited to 100 men in each company for service on the Mexican
+and Indian frontiers. The necessary effect of this legislation is to
+reduce the infantry and artillery arms of the service below the number
+required for efficiency, and I concur with the Secretary of War in
+recommending that authority be given to recruit all companies of
+infantry to at least 50 men and all batteries of artillery to at least
+75 men, with the power, in case of emergency, to increase the former
+to 100 and the latter to 122 men each.
+
+I invite your special attention to the following recommendations of
+the Secretary of War:
+
+First. That provision be made for supplying to the Army a more
+abundant and better supply of reading matter.
+
+Second. That early action be taken by Congress looking to a complete
+revision and republication of the Army Regulations.
+
+Third. That section 1258 of the Revised Statutes, limiting the number
+of officers on the retired list, be repealed.
+
+Fourth. That the claims arising under the act of July 4, 1864, for
+supplies taken by the Army during the war, be taken from the offices
+of the Quartermaster and Commissary Generals and transferred to the
+Southern Claims Commission, or some other tribunal having more time
+and better facilities for their prompt investigation and decision than
+are possessed by these officers.
+
+Fifth. That Congress provide for an annuity fund for the families
+of deceased soldiers, as recommended by the Paymaster-General of the
+Army.
+
+The report of the Secretary of the Navy shows that we have six
+squadrons now engaged in the protection of our foreign commerce
+and other duties pertaining to the naval service. The condition and
+operations of the Department are also shown. The total expenditures
+for the fiscal year ending June 30, 1877, were $16,077,974.54. There
+are unpaid claims against the Department chargeable to the last year,
+which are presented to the consideration of Congress by the report of
+the Secretary. The estimates for the fiscal year commencing July 1,
+1878, are $16,233,234.40, exclusive of the sum of $2,314,231
+submitted for new buildings, repairs, and improvements at the several
+navy-yards. The appropriations for the present fiscal year, commencing
+July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury
+from July 1 to November 1, 1877, is $5,343,037.40, of which there is
+estimated to be yet available $1,029,528.30, showing the amount of
+actual expenditure during the first four months of the present fiscal
+year to have been $4,313,509.10.
+
+The report of the Postmaster-General contains a full and clear
+statement of the operations and condition of the Post-Office
+Department. The ordinary revenues of the Department for the fiscal
+year ending June 30, 1877, including receipts from the money-order
+business and from official stamps and stamped envelopes, amounted
+to the sum of $27,531,585.26. The additional sum of $7,013,000 was
+realized from appropriations from the general Treasury for various
+purposes, making the receipts from all sources $34,544,885.26. The
+total expenditures during the fiscal year amounted to $33,486,322.44,
+leaving an excess of total receipts over total expenditures of
+$1,058,562.82, and an excess of total expenditures over ordinary
+receipts of $5,954,737.18. Deducting from the total receipts the
+sum of $63,261.84, received from international money orders of the
+preceding fiscal year, and deducting from the total expenditures the
+sum of $1,163,818.20, paid on liabilities incurred in previous fiscal
+years, the expenditures and receipts appertaining to the business of
+the last fiscal year were as follows:
+
+ Expenditures $32,322,504.24
+ Receipts (ordinary, from money-order business
+ and from official postage stamps) 27,468,323.42
+ _____________
+ Excess of expenditures 4,854,180.82
+
+
+The ordinary revenues of the Post-Office Department for the year
+ending June 30, 1879, are estimated at an increase of 3 per cent over
+those of 1877, making $29,034,098.28, and the expenditures for
+the same year are estimated at $36,427,771, leaving an estimated
+deficiency for the year 1879 of $7,393,672.72. The additional
+legislation recommended by the Postmaster-General for improvements of
+the mail service and to protect the postal revenues from the abuses
+practiced under existing laws is respectfully commended to the careful
+consideration of Congress.
+
+The report of the Attorney-General contains several suggestions as to
+the administration of justice, to which I invite your attention.
+The pressure of business in the Supreme Court and in certain circuit
+courts of the United States is now such that serious delays, to the
+great injury, and even oppression, of suitors, occur, and a remedy
+should be sought for this condition of affairs. Whether it will be
+found in the plan briefly sketched in the report, of increasing the
+number of judges of the circuit courts, and, by means of this addition
+to the judicial force, of creating an intermediate court of errors and
+appeals, or whether some other mode can be devised for obviating the
+difficulties which now exist, I leave to your mature consideration.
+
+The present condition of the Indian tribes in the territory of the
+United States and our relations with them are fully set forth in
+the reports of the Secretary of the Interior and the Commissioner
+of Indian Affairs. After a series of most deplorable conflicts--the
+successful termination of which, while reflecting honor upon the
+brave soldiers who accomplished it, can not lessen our regret at their
+occurrence--we are now at peace with all the Indian tribes within our
+borders. To preserve that peace by a just and humane policy will be
+the object of my earnest endeavors. Whatever may be said of their
+character and savage propensities, of the difficulties of introducing
+among them the habits of civilized life, and of the obstacles they
+have offered to the progress of settlement and enterprise in certain
+parts of the country, the Indians are certainly entitled to our
+sympathy and to a conscientious respect on our part for their claims
+upon our sense of justice. They were the aboriginal occupants of the
+land we now possess. They have been driven from place to place. The
+purchase money paid to them in some cases for what they called their
+own has still left them poor. In many instances, when they had settled
+down upon land assigned to them by compact and begun to support
+themselves by their own labor, they were rudely jostled off and thrust
+into the wilderness again. Many, if not most, of our Indian wars have
+had their origin in broken promises and acts of injustice upon our
+part, and the advance of the Indians in civilization has been slow
+because the treatment they received did not permit it to be faster
+and more general. We can not expect them to improve and to follow our
+guidance unless we keep faith with them in respecting the rights they
+possess, and unless, instead of depriving them of their opportunities,
+we lend them a helping hand.
+
+I cordially approve the policy regarding the management of Indian
+affairs outlined in the reports of the Secretary of the Interior and
+of the Commissioner of Indian Affairs. The faithful performance of
+our promises is the first condition of a good understanding with the
+Indians. I can not too urgently recommend to Congress that prompt and
+liberal provision be made for the conscientious fulfillment of all
+engagements entered into by the Government with the Indian tribes.
+To withhold the means necessary for the performance of a promise
+is always false economy, and is apt to prove disastrous in its
+consequences. Especial care is recommended to provide for Indians
+settled on their reservations cattle and agricultural implements, to
+aid them in whatever efforts they may make to support themselves, and
+by the establishment and maintenance of schools to bring them under
+the control of civilized influences. I see no reason why Indians who
+can give satisfactory proof of having by their own labor supported
+their families for a number of years, and who are willing to detach
+themselves from their tribal relations, should not be admitted to the
+benefit of the homestead act and the privileges of citizenship, and
+I recommend the passage of a law to that effect. It will be an act
+of justice as well as a measure of encouragement. Earnest efforts
+are being made to purify the Indian service, so that every dollar
+appropriated by Congress shall redound to the benefit of the Indians,
+as intended. Those efforts will have my firm support. With an improved
+service and every possible encouragement held out to the Indians
+to better their condition and to elevate themselves in the scale of
+civilization, we may hope to accomplish at the same time a good work
+for them and for ourselves.
+
+I invite the attention of Congress to the importance of the statements
+and suggestions made by the Secretary of the Interior concerning the
+depredations committed on the timber lands of the United States and
+the necessity for the preservation of forests. It is believed that
+the measures taken in pursuance of existing laws to arrest those
+depredations will be entirely successful if Congress, by an
+appropriation for that purpose, renders their continued enforcement
+possible. The experience of other nations teaches us that a country
+can not be stripped of its forests with impunity, and we shall
+expose ourselves to the gravest consequences unless the wasteful
+and improvident manner in which the forests in the United States
+are destroyed be effectually checked. I earnestly recommend that
+the measures suggested by the Secretary of the Interior for the
+suppression of depredations on the public timber lands of the United
+States, for the selling of timber from the public lands, and for the
+preservation of forests be embodied in a law, and that, considering
+the urgent necessity of enabling the people of certain States and
+Territories to purchase timber from the public lands in a legal
+manner, which at present they can not do, such a law be passed without
+unavoidable delay. I would also call the attention of Congress to
+the statements made by the Secretary of the Interior concerning the
+disposition that might be made of the desert lands, not irrigable,
+west of the one hundredth meridian. These lands are practically
+unsalable under existing laws, and the suggestion is worthy of
+consideration that a system of leasehold tenure would make them
+a source of profit to the United States, while at the same time
+legalizing the business of cattle raising which is at present carried
+on upon them.
+
+The report of the Commissioner of Agriculture contains the gratifying
+announcement of the extraordinary success which has rewarded the
+agricultural industry of the country for the past year. With the fair
+prices which obtain for the products of the soil, especially for the
+surplus which our people have to export, we may confidently turn to
+this as the most important of all our resources for the revival of the
+depressed industries of the country. The report shows our agricultural
+progress during the year, and contains a statement of the work done
+by this Department for the advancement of agricultural industry, upon
+which the prosperity of our people so largely depends. Matters of
+information are included of great interest to all who seek, by the
+experience of others, to improve their own methods of cultivation.
+The efforts of the Department to increase the production of important
+articles of consumption will, it is hoped, improve the demand for
+labor and advance the business of the country, and eventually result
+in saving some of the many millions that are now annually paid to
+foreign nations for sugar and other staple products which habitual use
+has made necessary in our domestic everyday life.
+
+The board on behalf of the United States Executive Departments at the
+International Exhibition of 1876 has concluded its labors. The final
+report of the board was transmitted to Congress by the President
+near the close of the last session. As these papers are understood to
+contain interesting and valuable information, and will constitute
+the only report emanating from the Government on the subject of the
+exhibition, I invite attention to the matter and recommend that the
+report be published for general information.
+
+Congress is empowered by the Constitution with the authority of
+exclusive legislation over the District of Columbia, in which the seat
+of Government of the nation is located. The interests of the District,
+having no direct representation in Congress, are entitled to especial
+consideration and care at the hands of the General Government. The
+capital of the United States belongs to the nation, and it is natural
+that the American people should take pride in the seat of their
+National Government and desire it to be an ornament to the country.
+Much has been done to render it healthful, convenient, and attractive,
+but much remains to be done, which its permanent inhabitants are not
+able and ought not to be expected to do. To impose upon them a large
+proportion of the cost required for public improvements, which are
+in a great measure planned and executed for the convenience of the
+Government and of the many thousands of visitors from all parts of
+the country who temporarily reside at the capital of the nation, is an
+evident injustice. Special attention is asked by the Commissioners of
+the District in their report, which is herewith transmitted, to the
+importance of a permanent adjustment by Congress of the financial
+relations between the United States and the District, involving
+the regular annual contribution by the United States of its just
+proportion of the expenses of the District government and of the
+outlay for all needed public improvements, and such measure of
+relief from the burden of taxation now resting upon the people of the
+District as in the wisdom of Congress may be deemed just.
+
+The report of the Commissioners shows that the affairs of the District
+are in a condition as satisfactory as could be expected in view of the
+heavy burden of debt resting upon it and its very limited means for
+necessary expenses.
+
+The debt of the District is as follows:
+
+ Old funded debt $8,379,691.96
+ 3.65 bonds, guaranteed by the United States 13,743,250.00
+ _____________
+ Total bonded debt 22,122,941.96
+
+ To which should be added certain outstanding claims,
+ as explained in the report of the Commissioners 1,187,204.52
+ _____________
+ Making the total debt of the District 23,310,146.48
+
+
+The Commissioners also ask attention to the importance of the
+improvement of the Potomac River and the reclamation of the marshes
+bordering the city of Washington, and their views upon this subject
+are concurred in by the members of the board of health, whose report
+is also herewith transmitted. Both the commercial and sanitary
+interests of the District will be greatly promoted, I doubt not,
+by this improvement.
+
+Your attention is invited to the suggestion of the Commissioners and
+of the board of health for the organization of a board of charities,
+to have supervision and control of the disbursement of all moneys for
+charitable purposes from the District treasury. I desire also to ask
+your especial attention to the need of adding to the efficiency of the
+public schools of the District by supplemental aid from the National
+Treasury. This is especially just, since so large a number of those
+attending these schools are children of employees of the Government.
+I earnestly commend to your care the interests of the people of
+the District, who are so intimately associated with the Government
+establishments, and to whose enterprise the good order and
+attractiveness of the capital are largely due; and I ask your
+attention to the request of the Commissioners for legislation in
+behalf of the interests intrusted to their care. The appropriations
+asked for the care of the reservations belonging to the Government
+within the city, by the Commissioner of Public Buildings and Grounds,
+are also commended to your favorable consideration.
+
+The report of the joint commission created by the act approved 2d of
+August, 1876, entitled "An act providing for the completion of the
+Washington Monument," is also herewith transmitted, with accompanying
+documents. The board of engineer officers detailed to examine the
+monument, in compliance with the second section of the act, have
+reported that the foundation is insufficient. No authority exists for
+making the expenditure necessary to secure its stability. I therefore
+recommend that the commission be authorized to expend such portion of
+the sum appropriated by the act as may be necessary for the purpose.
+The present unfinished condition of the monument, begun so long ago,
+is a reproach to the nation. It can not be doubted that the patriotic
+sense of the country will warmly respond to such prompt provision
+as may be made for its completion at an early day, and I urge upon
+Congress the propriety and necessity of immediate legislation for this
+purpose.
+
+The wisdom of legislation upon the part of Congress, in aid of the
+States, for the education of the whole people in those branches of
+study which are taught in the common schools of the country is no
+longer a question. The intelligent judgment of the country goes still
+further, regarding it as also both constitutional and expedient for
+the General Government to extend to technical and higher education,
+such aid as is deemed essential to the general welfare and to our due
+prominence among the enlightened and cultured nations of the world.
+The ultimate settlement of all questions of the future, whether of
+administration or finance or of true nationality of sentiment, depends
+upon the virtue and intelligence of the people. It is vain to hope
+for the success of a free government without the means of insuring
+the intelligence of those who are the source of power. No less than
+one-seventh of the entire voting population of our country are yet
+unable to read and write.
+
+It is encouraging to observe, in connection with the growth of
+fraternal feeling in those States in which slavery formerly existed,
+evidences of increasing interest in universal education, and I shall
+be glad to give my approval to any appropriate measures which may be
+enacted by Congress for the purpose of supplementing with national aid
+the local systems of education in those States and in all the States;
+and, having already invited your attention to the needs of the
+District of Columbia with respect to its public-school system, I here
+add that I believe it desirable, not so much with reference to the
+local wants of the District, but to the great and lasting benefit
+of the entire country, that this system should be crowned with a
+university in all respects in keeping with the national capital, and
+thereby realize the cherished hopes of Washington on this subject.
+
+I also earnestly commend the request of the Regents of the
+Smithsonian Institution that an adequate appropriation be made for
+the establishment and conduct of a national museum under their
+supervision.
+
+The question of providing for the preservation and growth of the
+Library of Congress is also one of national importance. As the
+depository of all copyright publications and records, this library has
+outgrown the provisions for its accommodation; and the erection, on
+such site as the judgment of Congress may approve, of a fireproof
+library building, to preserve the treasures and enlarge the usefulness
+of this valuable collection, is recommended. I recommend also such
+legislation as will render available and efficient for the purposes
+of instruction, so far as is consistent with the public service, the
+cabinets or museums of invention, of surgery, of education, and
+of agriculture, and other collections the property of the National
+Government.
+
+The capital of the nation should be something more than a mere
+political center. We should avail ourselves of all the opportunities
+which Providence has here placed at our command to promote the general
+intelligence of the people and increase the conditions most favorable
+to the success and perpetuity of our institutions.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _December 10, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the information of Congress, a copy of the
+report of the commission appointed by me on the 27th of September,
+1877, to examine the several public buildings in this city
+and determine the nature and extent of their security against
+conflagrations and the measures to be taken to guard the buildings and
+their contents from destruction or damage by fire.
+
+The records of the Government constitute a most valuable collection
+for the country, whether we consider their pecuniary value or their
+historical importance; and it becomes my duty to call your attention
+to the means suggested for securing these valuable archives, as well
+as the buildings in which they are stored. The commissioners
+have performed their duties intelligently and faithfully. Their
+recommendations are fully concurred in by me and commended to the
+favorable consideration of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 10, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith an additional report (and an
+accompanying statement) addressed to me by the commissioners appointed
+under the act of Congress approved July 19, 1876, authorizing the
+repavement of that part of Pennsylvania avenue lying between the
+Treasury Department and the Capitol Grounds.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 13, 1877_.
+
+_To the House of Representatives_:
+
+I transmit herewith a special report upon the subject of forestry by
+the Commissioner of Agriculture, with the accompanying documents.
+
+R.B. HAYES.
+
+[A similar message was sent to the Senate.]
+
+
+
+WASHINGTON, _January 11, 1878_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 3d
+ultimo, requesting to be furnished with the correspondence between the
+Government of Venezuela and that of the United States had since the
+adjournment of the first session of the Forty-fourth Congress in
+relation to the Venezuela Mixed Claims Commission, I transmit the
+report of the Secretary of State, together with its accompanying
+documents.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 14, 1878_.
+
+_To the Senate of the United States_:
+
+I have received the following resolution of the Senate:
+
+ IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
+ _December 11, 1877._
+
+ _Resolved_, That the President be respectfully requested
+ to inform the Senate, with the view to the transaction of
+ its executive business, whether in any of the instances of
+ nominations hitherto sent to the Senate stated to be for
+ appointment in place of officers removed such removals had
+ been made at the time of sending such nominations to the
+ Senate.
+
+
+In reply I would respectfully inform the Senate that in the instances
+referred to removals had not been made at the time the nominations
+were sent to the Senate. The form used for such nominations was one
+found to have been in existence and heretofore used in some of
+the Departments, and was intended to inform the Senate that if the
+nomination proposed were approved it would operate to remove an
+incumbent whose name was indicated.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 17, 1878_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of the 13th November last
+calling for information concerning the cause, numbers engaged, number
+of lives lost, and probable cost of the late so-called Nez Percé War,
+I have the honor to submit the accompanying communication from the
+General of the Army and an extract from the annual report of that
+officer. Upon the subject of the cost of the Nez Percé War, I submit
+reports from the Quartermaster-General and the Commissary-General of
+Subsistence.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _January 18, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of friendship and commerce between the United
+States and the Government of the Samoan Islands, signed on the 17th
+instant.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 18, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of December 6, 1877, I
+inclose a report made to me by the Attorney-General, the results
+of which seem to be correct, and which affords the information[8]
+requested.
+
+R.B. HAYES.
+
+[Footnote 8: Operation of the Union Pacific Railroad and its branches.]
+
+[A similar message was sent to the House of Representatives, in answer
+to a resolution of that body of November 27, 1877.]
+
+
+
+EXECUTIVE MANSION, _January 23, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of November 16, 1877,
+I transmit reports[9] made to me by the Attorney-General and the
+Secretary of the Navy.
+
+R.B. HAYES.
+
+[Footnote 9: Relating to the seizure of logs, lumber, and naval stores
+suspected or having been taken from the public lands.]
+
+
+
+EXECUTIVE MANSION, _January 29, 1878_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 10th ultimo, I
+transmit herewith copies of reports[10] of the Commissioners of
+Indian Affairs and General Land Office, dated 9th and 21st instant,
+respectively.
+
+R.B. HAYES.
+
+[Footnote 10: Relating to payments to the Ute Indians under the fourth
+article of the agreement of September 13, 1873, and to the occupancy
+of lands ceded by said Indians.]
+
+
+
+EXECUTIVE MANSION, _February 4, 1878_.
+
+_To the Senate and House of Representatives_:
+
+The commission appointed under the act of Congress approved March
+3, 1873, entitled "An act to authorize inquiries into the causes of
+steam-boiler explosions," have addressed a report of progress, made to
+date thereof, to the Secretaries of the Treasury and Navy Departments,
+which has been transmitted to me by these officers. The commission
+also present a copy of a report dated February 27, 1877, which they
+say "was mislaid and did not reach the President." These reports are
+respectfully submitted for the information of Congress.
+
+
+
+WASHINGTON, _February 6, 1878_.
+
+_To the Senate_:
+
+I transmit herewith, in compliance with a resolution of the Senate of
+the 6th of December last, a report from the Secretary of State and its
+accompanying papers.[11]
+
+R.B. HAYES.
+
+[Footnote 11: Correspondence relative to the Franco-German War.]
+
+
+
+EXECUTIVE MANSION, _February 11, 1878_.
+
+_To the Senate and House of Representatives_:
+
+In compliance with the resolution of Congress entitled "Joint
+resolution accepting a painting[12] tendered to Congress by Mrs.
+Elizabeth Thompson," approved by me on the 1st instant, I have this
+day caused a copy of the resolution to be delivered to Mrs. Thompson.
+
+R.B. HAYES.
+
+[Footnote 12: Carpenter's painting of President Lincoln and his Cabinet
+at the time of his first reading of the Proclamation of Emancipation.]
+
+
+
+EXECUTIVE MANSION, _February 20, 1878_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of January 30, 1878,
+I transmit herewith a report,[13] dated the 16th instant, from the
+Commissioner of Indian Affairs.
+
+R.B. HAYES.
+
+[Footnote 13: Relating to the survey of lands in the Indian Territory,
+etc.]
+
+
+
+EXECUTIVE MANSION, _February 20, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate dated December 7, 1877,
+I transmit herewith reports from the General of the Army, the
+Quartermaster-General, the Commissary-General of Subsistence, and the
+Chief of Ordnance, showing what has been the cost (estimated) of the
+late war with the Sioux Indians, and what the casualties of rank and
+file among the soldiers engaged in said Sioux War.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 27, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the information of the Senate, the reply of
+the Commissioner of Agriculture to a resolution of the Senate of the
+20th instant, "relative to the disease prevailing among swine," etc.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 21, 1878_.
+
+_To the Senate_:
+
+In answer to the resolution of the Senate of the 11th of March
+instant, I herewith transmit a report from the Secretary of State,
+with accompanying documents.[14]
+
+R.B. HAYES.
+
+[Footnote 14: Correspondence relative to the appointment of a third
+commissioner under the twenty-third article of the treaty with Great
+Britain of May 8, 1871, on the question of the fisheries.]
+
+
+
+EXECUTIVE MANSION, _March 25, 1878_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of December 7,
+1877, as to the cost of the Sioux War, I transmit copies of additional
+reports on the subject received from the Military Division of the
+Missouri.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _March 27, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the Senate's resolution of the 14th ultimo, requesting to
+be furnished with a copy of correspondence between the Government of
+the United States and that of China respecting the "Ward" claims and
+the claim of Charles E. Hill, I herewith submit a letter from the
+Secretary of State, together with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 29, 1878_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in compliance with a resolution of the House of
+Representatives of the 21st ultimo, a report from the Secretary of
+State and its accompanying papers.[15]
+
+R.B. HAYES.
+
+[Footnote 15: Correspondence with Spain relative to the seizure of the
+steamer _Virginius_, etc.]
+
+
+
+EXECUTIVE MANSION, _May 2, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of April 16, 1878,1 transmit
+herewith reports[16] made to me by the Secretary of the Treasury and
+the Attorney-General.
+
+R.B. HAYES.
+
+[Footnote 16: Relating to the defalcations of William R. Whitaker while
+collector of internal revenue for the first district of Louisiana and
+while assistant treasurer of the United States at New Orleans.]
+
+
+
+WASHINGTON, _May 10, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention defining the rights, immunities, and
+privileges of consular officers, between the United States and His
+Majesty the King of Italy, signed on the 8th instant.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 14, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 29th ultimo, I
+transmit herewith a report from the Secretary of State, with its
+accompanying papers.[17]
+
+R.B. HAYES.
+
+[Footnote 17: Correspondence relative to the terms and conditions under
+which the Cuban insurgents surrendered and to the policy of Spain in
+the government of Cuba.]
+
+
+
+EXECUTIVE MANSION, _May 17, 1878_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit, for your appropriate action, a communication
+from the Secretary of State, on the subject of the result of the
+deliberations of the Fishery Commission appointed under certain
+provisions of the treaty of Washington, with the accompanying
+documents.
+
+Article XXII of the treaty provides that any sum of money which the
+commissioners may award shall be paid by the United States Government
+in a gross sum within twelve months after such award shall have been
+given.
+
+The commission announced the result of its deliberations on the 23d
+day of November last year, and an appropriation at the present session
+of Congress will be necessary to enable the Government to make the
+payment provided for in the treaty.
+
+I respectfully submit to the consideration of Congress the record
+of the transaction as presented upon the papers, and recommend an
+appropriation of the necessary sum, with such discretion to the
+executive government in regard to its payment as in the wisdom of
+Congress the public interests may seem to require.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 25, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to its
+ratification, a consular convention between the United States and the
+Netherlands, signed on the 23d instant.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 11, 1878_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+27th May ultimo, I transmit the response of the Secretary of State,
+accompanied by a copy of the papers[18] called for by the resolution.
+
+R.B. HAYES.
+
+[Footnote 18: Relating to the convention of May 20, 1875, for the
+establishment of an international bureau of weights and measures.]
+
+
+
+EXECUTIVE MANSION, _June 12, 1878_.
+
+_To the Senate and House of Representatives_:
+
+In transmitting herewith to Congress a communication from the
+Secretary of State on the subject of the conference provided for
+in the act of February 28, 1878, entitled "An act to authorize the
+coinage of the standard silver dollar and to restore its legal-tender
+character," I respectfully recommend that an adequate appropriation be
+made for certain expenses of the conference and of the commissioners
+attending the same on behalf of the United States, as suggested in the
+communication of the Secretary of State.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 15, 1878_.
+
+_To the House of Representatives_:
+
+I have the honor to transmit herewith the report of the board for
+testing iron, steel, and other metals, as requested in the resolution
+of the House of Representatives dated April 27, 1878.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June,7, 1878_.
+
+_To the Senate_:
+
+In answer to the resolution of the Senate of the 27th of May ultimo,
+I herewith transmit a report from the Secretary of State, with
+accompanying documents.[19]
+
+R.B. HAYES.
+
+[Footnote 19: Correspondence, etc., relative to the selection of M.
+Maurice Delfosse as one of the commissioners under the treaty with
+Great Britain of May 8, 1871, on the fisheries question.]
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _February 28, 1878_.
+
+_To the House of Representatives_:
+
+After a very careful consideration of the House bill No. 1093,
+entitled "An act to authorize the coinage of the standard silver
+dollar and to restore its legal-tender character," I feel compelled
+to return it to the House of Representatives, in which it originated,
+with my objections to its passage.
+
+Holding the opinion, which I expressed in my annual message, that
+"neither the interests of the Government nor of the people of the
+United States would be promoted by disparaging silver as one of the
+two precious metals which furnish the coinage of the world, and that
+legislation which looks to maintaining the volume of intrinsic money
+to as full a measure of both metals as their relative commercial
+values will permit would be neither unjust nor inexpedient," it has
+been my earnest desire to concur with Congress in the adoption of such
+measures to increase the silver coinage of the country as would not
+impair the obligation of contracts, either public or private, nor
+injuriously affect the public credit. It is only upon the conviction
+that this bill does not meet these essential requirements that I feel
+it my duty to withhold from it my approval.
+
+My present official duty as to this bill permits only an attention to
+the specific objections to its passage which seem to me so important
+as to justify me in asking from the wisdom and duty of Congress that
+further consideration of the bill for which the Constitution has in
+such cases provided.
+
+The bill provides for the coinage of silver dollars of the weight of
+412-1/2 grains each, of standard silver, to be a legal tender at their
+nominal value for all debts and dues, public and private, except where
+otherwise expressly stipulated in the contract. It is well known that
+the market value of that number of grains of standard silver during
+the past year has been from 90 to 92 cents as compared with the
+standard gold dollar. Thus the silver dollar authorized by this bill
+is worth 8 to 10 per cent less than it purports to be worth, and
+is made a legal tender for debts contracted when the law did not
+recognize such coins as lawful money.
+
+The right to pay duties in silver or in certificates for silver
+deposits will, when they are issued in sufficient amount to circulate,
+put an end to the receipt of revenue in gold, and thus compel the
+payment of silver for both the principal and interest of the public
+debt. One billion one hundred and forty-three million four hundred
+and ninety-three thousand four hundred dollars of the bonded debt now
+outstanding was issued prior to February, 1873, when the silver dollar
+was unknown in circulation in this country, and was only a convenient
+form of silver bullion for exportation; $583,440,350 of the funded
+debt has been issued since February, 1873, when gold alone was the
+coin for which the bonds were sold, and gold alone was the coin in
+which both parties to the contract understood that the bonds would
+be paid. These bonds entered into the markets of the world. They were
+paid for in gold when silver had greatly depreciated, and when no one
+would have bought them if it had been understood that they would be
+paid in silver. The sum of $225,000,000 of these bonds has been sold
+during my Administration for gold coin, and the United States received
+the benefit of these sales by a reduction of the rate of interest to
+4 per cent. During the progress of these sales a doubt was suggested
+as to the coin in which payment of these bonds would be made. The
+public announcement was thereupon authorized that it was "not to be
+anticipated that any future legislation of Congress or any action
+of any department of the Government would sanction or tolerate the
+redemption of the principal of these bonds or the payment of the
+interest thereon in coin of less value than the coin authorized by law
+at the time of the issue of the bonds, being the coin exacted by the
+Government in exchange for the same." In view of these facts it will
+be justly regarded as a grave breach of the public faith to undertake
+to pay these bonds, principal or interest, in silver coin worth in the
+market less than the coin received for them.
+
+It is said that the silver dollar made a legal tender by this bill
+will under its operation be equivalent in value to the gold dollar.
+Many supporters of the bill believe this, and would not justify an
+attempt to pay debts, either public or private, in coin of inferior
+value to the money of the world. The capital defect of the bill
+is that it contains no provision protecting from its operation
+preexisting debts in case the coinage which it creates shall continue
+to be of less value than that which was the sole legal tender when
+they were contracted. If it is now proposed, for the purpose of taking
+advantage of the depreciation of silver in the payment of debts, to
+coin and make a legal tender a silver dollar of less commercial value
+than any dollar, whether of gold or paper, which is now lawful money
+in this country, such measure, it will hardly be questioned, will,
+in the judgment of mankind, be an act of bad faith. As to all debts
+heretofore contracted, the silver dollar should be made a legal tender
+only at its market value. The standard of value should not be changed
+without the consent of both parties to the contract. National promises
+should be kept with unflinching fidelity. There is no power to compel
+a nation to pay its just debts. Its credit depends on its honor. The
+nation owes what it has led or allowed its creditors to expect. I can
+not approve a bill which in my judgment authorizes the violation of
+sacred obligations. The obligation of the public faith transcends
+all questions of profit or public advantage. Its unquestionable
+maintenance is the dictate as well of the highest expediency as of
+the most necessary duty, and should ever be carefully guarded by the
+Executive, by Congress, and by the people.
+
+It is my firm conviction that if the country is to be benefited by a
+silver coinage it can be done only by the issue of silver dollars of
+full value, which will defraud no man. A currency worth less than it
+purports to be worth will in the end defraud not only creditors, but
+all who are engaged in legitimate business, and none more surely than
+those who are dependent on their daily labor for their daily bread.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 6, 1878._
+
+_To the House of Representatives:_
+
+I return herewith House bill No. 3072, entitled "An act to authorize
+a special term of the circuit court of the United States for the
+southern district of Mississippi to be held at Scranton, in Jackson
+County," with the following objections to its becoming a law:
+
+The act provides that a special term of the circuit court of the
+United States for the southern district of Mississippi shall be held
+at Scranton, in Jackson County, Miss., to begin on the second Monday
+in March, 1878, and directs the clerk of said court to "cause notice
+of said special term of said court to be published in a newspaper in
+Jackson, Miss., and also in a newspaper in Scranton, at least ten days
+before the beginning thereof."
+
+The act can not be executed, inasmuch as there is not sufficient time
+to give the notice of the holding of the special term which Congress
+thought proper to require.
+
+The number of suits to be tried at the special term in which the
+United States is interested is forty-nine, and the amount involved
+exceeds $200,000. The Government can not prepare for trial at said
+special term, because no fund appropriated by Congress can be made
+available for that purpose. If, therefore, the Government is compelled
+to go to trial at the special term provided for by this bill, the
+United States must be defeated for want of time and means to make
+preparation for the proper vindication of its rights.
+
+The bill is therefore returned for the further consideration of
+Congress.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it is provided in the laws of the United States that whenever,
+by reason of unlawful obstructions, combinations or assemblages of
+persons, or rebellion against the authority of the Government of the
+United States, it shall become impracticable, in the judgment of the
+President, to enforce by the ordinary course of judicial proceedings
+the laws of the United States within any State or Territory, it shall
+be lawful for the President to call forth the militia of any or all
+the States and to employ such parts of the land and naval forces of
+the United States as he may deem necessary to enforce the faithful
+execution of the laws of the United States or to suppress such
+rebellion, in whatever State or Territory thereof the laws of the
+United States may be forcibly opposed or the execution thereof
+forcibly obstructed; and
+
+Whereas it has been made to appear to me that, by reason of unlawful
+combinations and assemblages of persons in arms, it has become
+impracticable to enforce by the ordinary course of judicial
+proceedings the laws of the United States within the Territory of New
+Mexico, and especially within Lincoln County therein, and that the
+laws of the United States have been therein forcibly opposed and the
+execution thereof forcibly resisted; 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 of enforcing the faithful execution of the laws of
+the United States, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do hereby admonish all good citizens of the United States,
+and especially of the Territory of New Mexico, against aiding,
+countenancing, abetting, or taking part in any such unlawful
+proceedings; and I do hereby warn all persons engaged in or connected
+with said obstruction of the laws to disperse and retire peaceably to
+their respective abodes on or before noon of the 13th day of October
+instant.
+
+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 7th day of October, A.D. 1878,
+and of the Independence of the United States the one hundred and
+third.
+
+R.B. HAYES.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+The recurrence of that season at which it is the habit of our people
+to make devout and public confession of their constant dependence upon
+the divine favor for all the good gifts of life and happiness and
+of public peace and prosperity exhibits in the record of the year
+abundant reasons for our gratitude and thanksgiving.
+
+Exuberant harvests, productive mines, ample crops of the staples of
+trade and manufactures, have enriched the country.
+
+The resources thus furnished to our reviving industry and expanding
+commerce are hastening the day when discords and distresses through
+the length and breadth of the land will, under the continued favor
+of Providence, have given way to confidence and energy and assured
+prosperity.
+
+Peace with all nations has been maintained unbroken, domestic
+tranquillity has prevailed, and the institutions of liberty and
+justice which the wisdom and virtue of our fathers established remain
+the glory and defense of their children.
+
+The general prevalence of the blessings of health through our wide
+land has made more conspicuous the sufferings and sorrows which the
+dark shadow of pestilence has cast upon a portion of our people. This
+heavy affliction even the Divine Ruler has tempered to the suffering
+communities in the universal sympathy and succor which have flowed to
+their relief, and the whole nation may rejoice in the unity of spirit
+in our people by which they cheerfully share one another's burdens.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 28th day of November next, as a day
+of national thanksgiving and prayer; and I earnestly recommend that,
+withdrawing themselves from secular cares and labors, the people of
+the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 30th day of October, A.D. 1878,
+and of the Independence of the United States the one hundred and
+third.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE MANSION, _Washington, December 31, 1877_.
+
+JAMES H. COGGESHALL, Esq.,
+ _Marshal of the United States for the
+ District of Rhode Island, Providence, R.I._
+
+SIR: By virtue of the authority conferred upon me by section 5287 of
+the Revised Statutes of the United States, and in execution of the
+same, you are hereby empowered and directed to take possession of the
+steamer _Estelle_, now or lately lying at Bristol, in Rhode Island,
+and to detain the same until further orders from me concerning the
+same, and to employ such portion of the land and naval forces of the
+United States as may be necessary for that purpose.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, May 27, 1878_.
+
+SIR:[20] I am directed by the President to say that the several
+Departments of the Government will be closed on Thursday, the 30th
+instant, in respect to the memory of those who fell in defense of the
+Union, and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 20: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 2, 1878_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+Our heartfelt gratitude is due to the Divine Being who holds in His
+hands the destinies of nations for the continued bestowal during the
+last year of countless blessings upon our country.
+
+We are at peace with all other nations. Our public credit has greatly
+improved, and is perhaps now stronger than ever before. Abundant
+harvests have rewarded the labors of those who till the soil, our
+manufacturing industries are reviving, and it is believed that general
+prosperity, which has been so long anxiously looked for, is at last
+within our reach.
+
+The enjoyment of health by our people generally has, however, been
+interrupted during the past season by the prevalence of a fatal
+pestilence (the yellow fever) in some portions of the Southern States,
+creating an emergency which called for prompt and extraordinary
+measures of relief. The disease appeared as an epidemic at New Orleans
+and at other places on the Lower Mississippi soon after midsummer.
+It was rapidly spread by fugitives from the infected cities and
+towns, and did not disappear until early in November. The States of
+Louisiana, Mississippi, and Tennessee have suffered severely. About
+100,000 cases are believed to have occurred, of which about 20,000,
+according to intelligent estimates, proved fatal. It is impossible
+to estimate with any approach to accuracy the loss to the country
+occasioned by this epidemic. It is to be reckoned by the hundred
+millions of dollars. The suffering and destitution that resulted
+excited the deepest sympathy in all parts of the Union. Physicians and
+nurses hastened from every quarter to the assistance of the afflicted
+communities. Voluntary contributions of money and supplies, in every
+needed form, were speedily and generously furnished. The Government
+was able to respond in some measure to the call for help, by providing
+tents, medicines, and food for the sick and destitute, the requisite
+directions for the purpose being given in the confident expectation
+that this action of the Executive would receive the sanction of
+Congress. About 1,800 tents, and rations of the value of about
+$25,000, were sent to cities and towns which applied for them,
+full details of which will be furnished to Congress by the proper
+Department.
+
+The fearful spread of this pestilence has awakened a very general
+public sentiment in favor of national sanitary administration, which
+shall not only control quarantine, but have the sanitary supervision
+of internal commerce in times of epidemics, and hold an advisory
+relation to the State and municipal health authorities, with power
+to deal with whatever endangers the public health, and which the
+municipal and State authorities are unable to regulate. The national
+quarantine act approved April 29, 1878, which was passed too late in
+the last session of Congress to provide the means for carrying it into
+practical operation during the past season, is a step in the direction
+here indicated. In view of the necessity for the most effective
+measures, by quarantine and otherwise, for the protection of our
+seaports and the country generally from this and other epidemics,
+it is recommended that Congress give to the whole subject early and
+careful consideration.
+
+The permanent pacification of the country by the complete protection
+of all citizens in every civil and political right continues to be of
+paramount interest with the great body of our people. Every step
+in this direction is welcomed with public approval, and every
+interruption of steady and uniform progress to the desired
+consummation awakens general uneasiness and widespread condemnation.
+The recent Congressional elections have furnished a direct and
+trustworthy test of the advance thus far made in the practical
+establishment of the right of suffrage secured by the Constitution to
+the liberated race in the Southern States. All disturbing influences,
+real or imaginary, had been removed from all of these States.
+
+The three constitutional amendments which conferred freedom and
+equality of civil and political rights upon the colored people of the
+South were adopted by the concurrent action of the great body of good
+citizens who maintained the authority of the National Government and
+the integrity and perpetuity of the Union at such a cost of treasure
+and life, as a wise and necessary embodiment in the organic law of the
+just results of the war. The people of the former slaveholding States
+accepted these results, and gave in every practicable form assurances
+that the thirteenth, fourteenth, and fifteenth amendments, and laws
+passed in pursuance thereof, should in good faith be enforced, rigidly
+and impartially, in letter and spirit, to the end that the humblest
+citizen, without distinction of race or color, should under them
+receive full and equal protection in person and property and in
+political rights and privileges. By these constitutional amendments
+the southern section of the Union obtained a large increase of
+political power in Congress and in the electoral college, and the
+country justly expected that elections would proceed, as to
+the enfranchised race, upon the same circumstances of legal and
+constitutional freedom and protection which obtained in all the other
+States of the Union. The friends of law and order looked forward to
+the conduct of these elections as offering to the general judgment of
+the country an important opportunity to measure the degree in which
+the right of suffrage could be exercised by the colored people and
+would be respected by their fellow-citizens; but a more general
+enjoyment of freedom of suffrage by the colored people and a more just
+and generous protection of that freedom by the communities of which
+they form a part were generally anticipated than the record of the
+elections discloses. In some of those States in which the colored
+people have been unable to make their opinions felt in the elections
+the result is mainly due to influences not easily measured or remedied
+by legal protection; but in the States of Louisiana and South Carolina
+at large, and in some particular Congressional districts outside
+of those States, the records of the elections seem to compel the
+conclusion that the rights of the colored voters have been overridden
+and their participation in the elections not permitted to be either
+general or free.
+
+It will be for the Congress for which these elections were held to
+make such examinations into their conduct as may be appropriate to
+determine the validity of the claims of members to their seats. In
+the meanwhile it becomes the duty of the executive and judicial
+departments of the Government, each in its province, to inquire into
+and punish violations of the laws of the United States which have
+occurred. I can but repeat what I said in this connection in my last
+message, that whatever authority rests with me to this end I shall not
+hesitate to put forth; and I am unwilling to forego a renewed appeal
+to the legislatures, the courts, the executive authorities, and the
+people of the States where these wrongs have been perpetrated to
+give their assistance toward bringing to justice the offenders and
+preventing a repetition of the crimes. No means within my power will
+be spared to obtain a full and fair investigation of the alleged
+crimes and to secure the conviction and just punishment of the guilty.
+
+It is to be observed that the principal appropriation made for the
+Department of Justice at the last session contained the following
+clause:
+
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+
+
+It is the opinion of the Attorney-General that the expenses of these
+proceedings will largely exceed the amount which was thus provided,
+and I rely confidently upon Congress to make adequate appropriations
+to enable the executive department to enforce the laws.
+
+I respectfully urge upon your attention that the Congressional
+elections, in every district, in a very important sense, are justly a
+matter of political interest and concern throughout the whole country.
+Each State, every political party, is entitled to the share of power
+which is conferred by the legal and constitutional suffrage. It is the
+right of every citizen possessing the qualifications prescribed by
+law to cast one unintimidated ballot and to have his ballot honestly
+counted. So long as the exercise of this power and the enjoyment of
+this right are common and equal, practically as well as formally,
+submission to the results of the suffrage will be accorded loyally and
+cheerfully, and all the departments of Government will feel the
+true vigor of the popular will thus expressed. No temporary or
+administrative interests of Government, however urgent or weighty,
+will ever displace the zeal of our people in defense of the primary
+rights of citizenship. They understand that the protection of liberty
+requires the maintenance in full vigor of the manly methods of free
+speech, free press, and free suffrage, and will sustain the full
+authority of Government to enforce the laws which are framed to
+preserve these inestimable rights. The material progress and welfare
+of the States depend on the protection afforded to their citizens.
+There can be no peace without such protection, no prosperity without
+peace, and the whole country is deeply interested in the growth and
+prosperity of all its parts.
+
+While the country has not yet reached complete unity of feeling
+and reciprocal confidence between the communities so lately and so
+seriously estranged, I feel an absolute assurance that the tendencies
+are in that direction, and with increasing force. The power of public
+opinion will override all political prejudices and all sectional or
+State attachments in demanding that all over our wide territory the
+name and character of citizen of the United States shall mean one and
+the same thing and carry with them unchallenged security and respect.
+
+Our relations with other countries continue peaceful. Our neutrality
+in contests between foreign powers has been maintained and respected.
+
+The Universal Exposition held at Paris during the past summer has been
+attended by large numbers of our citizens. The brief period allowed
+for the preparation and arrangement of the contributions of our
+citizens to this great exposition was well employed in energetic and
+judicious efforts to overcome this disadvantage. These efforts, led
+and directed by the commissioner-general, were remarkably successful,
+and the exhibition of the products of American industry was creditable
+and gratifying in scope and character. The reports of the United
+States commissioners, giving its results in detail, will be duly laid
+before you. Our participation in this international competition for
+the favor and the trade of the world may be expected to produce useful
+and important results--in promoting intercourse, friendship, and
+commerce with other nations.
+
+In accordance with the provisions of the act of February 28, 1878,
+three commissioners were appointed to an international conference on
+the subject of adopting a common ratio between gold and silver, for
+the purpose of establishing internationally the use of bimetallic
+money and securing fixity of relative value between those metals.
+
+Invitations were addressed to the various governments which had
+expressed a willingness to participate in its deliberations. The
+conference held its meetings in Paris in August last. The report
+of the commissioners, herewith submitted, will show its results.
+No common ratio between gold and silver could be agreed upon by the
+conference. The general conclusion was reached that it is necessary to
+maintain in the world the monetary functions of silver as well as of
+gold, leaving the selection of the use of one or the other of these
+two metals, or of both, to be made by each state.
+
+Congress having appropriated at its last session the sum of $5,500,000
+to pay the award of the joint commission at Halifax, if, after
+correspondence with the British Government on the subject of the
+conformity of the award to the requirements of the treaty and to
+the terms of the question thereby submitted to the commission, the
+President shall deem it his duty to make the payment, communications
+upon these points were addressed to the British Government through
+the legation of the United States at London. Failing to obtain the
+concurrence of the British Government in the views of this Government
+respecting the award, I have deemed it my duty to tender the sum named
+within the year fixed by the treaty, accompanied by a notice of the
+grounds of the payment and a protest against any other construction
+of the same. The correspondence upon this subject will be laid before
+you.
+
+The Spanish Government has officially announced the termination of
+the insurrection in Cuba and the restoration of peace throughout that
+island. Confident expectations are expressed of a revival of trade
+and prosperity, which it is earnestly hoped may prove well founded.
+Numerous claims of American citizens for relief for injuries
+or restoration of property have been among the incidents of the
+long-continued hostilities. Some of these claims are in process of
+adjustment by Spain, and the others are promised early and careful
+consideration.
+
+The treaty made with Italy in regard to reciprocal consular privileges
+has been duly ratified and proclaimed.
+
+No questions of grave importance have arisen with any other of the
+European powers.
+
+The Japanese Government has been desirous of a revision of such parts
+of its treaties with foreign powers as relate to commerce, and it is
+understood has addressed to each of the treaty powers a request to
+open negotiations with that view. The United States Government has
+been inclined to regard the matter favorably. Whatever restrictions
+upon trade with Japan are found injurious to that people can not but
+affect injuriously nations holding commercial intercourse with them.
+Japan, after a long period of seclusion, has within the past few years
+made rapid strides in the path of enlightenment and progress, and, not
+unreasonably, is looking forward to the time when her relations with
+the nations of Europe and America shall be assimilated to those which
+they hold with each other. A treaty looking to this end has been made,
+which will be submitted for the consideration of the Senate.
+
+After an interval of several years the Chinese Government has again
+sent envoys to the United States. They have been received, and a
+permanent legation is now established here by that Government. It is
+not doubted that this step will be of advantage to both nations in
+promoting friendly relations and removing causes of difference.
+
+The treaty with the Samoan Islands, having been duly ratified and
+accepted on the part of both Governments, is now in operation, and a
+survey and soundings of the harbor of Pago-Pago have been made by a
+naval vessel of the United States, with a view of its occupation as
+a naval station if found desirable to the service.
+
+Since the resumption of diplomatic relations with Mexico
+correspondence has been opened and still continues between the two
+Governments upon the various questions which at one time seemed to
+endanger their relations. While no formal agreement has been reached
+as to the troubles on the border, much has been done to repress and
+diminish them. The effective force of United States troops on the Rio
+Grande, by a strict and faithful compliance with instructions, has
+done much to remove the sources of dispute, and it is now understood
+that a like force of Mexican troops on the other side of the river is
+also making an energetic movement against the marauding Indian tribes.
+This Government looks with the greatest satisfaction upon every
+evidence of strength in the national authority of Mexico, and upon
+every effort put forth to prevent or to punish incursions upon our
+territory. Reluctant to assume any action or attitude in the control
+of these incursions by military movements across the border not
+imperatively demanded for the protection of the lives and property
+of our own citizens, I shall take the earliest opportunity consistent
+with the proper discharge of this plain duty to recognize the ability
+of the Mexican Government to restrain effectively violations of
+our territory. It is proposed to hold next year an international
+exhibition in Mexico, and it is believed that the display of the
+agricultural and manufacturing products of the two nations will tend
+to better understanding and increased commercial intercourse between
+their people.
+
+With Brazil and the Republics of Central and South America some
+steps have been taken toward the development of closer commercial
+intercourse. Diplomatic relations have been resumed with Colombia and
+with Bolivia. A boundary question between the Argentine Republic and
+Paraguay has been submitted by those Governments for arbitration
+to the President of the United States, and I have, after careful
+examination, given a decision upon it.
+
+A naval expedition up the Amazon and Madeira rivers has brought back
+information valuable both for scientific and commercial purposes. A
+like expedition is about visiting the coast of Africa and the Indian
+Ocean. The reports of diplomatic and consular officers in relation
+to the development of our foreign commerce have furnished many facts
+that have proved of public interest and have stimulated to practical
+exertion the enterprise of our people.
+
+The report of the Secretary of the Treasury furnishes a detailed
+statement of the operations of that Department of the Government and
+of the condition of the public finances.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1878, were $257,763,878.70; the ordinary expenditures for the same
+period were $236,964,326.80, leaving a surplus revenue for the year of
+$20,799,551.90. The receipts for the present fiscal year, ending June
+30, 1879, actual and estimated, are as follows: Actual receipts for
+the first quarter, commencing July 1, 1878, $73,389,743.43;
+estimated receipts for the remaining three quarters of the year,
+$191,110,256.57; total receipts for the current fiscal year, actual
+and estimated, $264,500,000. The expenditures for the same period will
+be, actual and estimated, as follows: For the quarter commencing July
+1, 1878, actual expenditures, $73,344,573.27; and for the remaining
+three quarters of the year the expenditures are estimated at
+$166,755,426.73, making the total expenditures $240,100,000, and
+leaving an estimated surplus revenue for the year ending June 30,
+1879, of $24,400,000. The total receipts during the next fiscal year,
+ending June 30, 1880, estimated according to existing laws, will be
+$264,500,000, and the estimated ordinary expenditures for the same
+period will be $236,320,412.68, leaving a surplus of $28,179,587.32
+for that year.
+
+In the foregoing statements of expenditures, actual and estimated,
+no amount is allowed for the sinking fund provided for by the act
+approved February 25, 1862, which requires that 1 per cent of the
+entire debt of the United States shall be purchased or paid within
+each fiscal year, to be set apart as a sinking fund. There has been,
+however, a substantial compliance with the conditions of the law. By
+its terms the public debt should have been reduced between 1862
+and the close of the last fiscal year $518,361,806.28; the
+actual reduction of the ascertained debt in that period has been
+$720,644,739.61, being in excess of the reduction required by the
+sinking fund act $202,282,933.33.
+
+The amount of the public debt, less cash in the Treasury, November 1,
+1878, was $2,024,200,083.18, a reduction since the same date last year
+of $23,150,617.39.
+
+The progress made during the last year in refunding the public debt at
+lower rates of interest is very gratifying. The amount of 4 per cent
+bonds sold during the present year prior to November 23, 1878, is
+$100,270,900, and 6 per cent bonds, commonly known as five-twenties,
+to an equal amount, have been or will be redeemed as calls mature.
+
+It has been the policy of the Department to place the 4 per cent bonds
+within easy reach of every citizen who desires to invest his savings,
+whether small or great, in these securities. The Secretary of the
+Treasury recommends that the law be so modified that small sums may
+be invested, and that through the post-offices or other agents of the
+Government the freest opportunity may be given in all parts of the
+country for such investments.
+
+The best mode suggested is that the Department be authorized to issue
+certificates of deposit, of the denomination of $10, bearing interest
+at the rate of 3.65 per cent per annum and convertible at any time
+within one year after their issue into the 4 per cent bonds authorized
+by the refunding act, and to be issued only in exchange for United
+States notes sent to the Treasury by mail or otherwise. Such a
+provision of law, supported by suitable regulations, would enable any
+person readily, without cost or risk, to convert his money into an
+interest-bearing security of the United States, and the money so
+received could be applied to the redemption of 6 per cent bonds.
+
+The coinage of gold during the last fiscal year was $52,798,980. The
+coinage of silver dollars under the act passed February 28, 1878,
+amounted on the 23d of November, 1878, to $19,814,550, of which amount
+$4,984,947 are in circulation, and the balance, $14,829,603, is still
+in the possession of the Government.
+
+With views unchanged with regard to the act under which the coinage of
+silver proceeds, it has been the purpose of the Secretary faithfully
+to execute the law and to afford a fair trial to the measure.
+
+In the present financial condition of the country I am persuaded that
+the welfare of legitimate business and industry of every description
+will be best promoted by abstaining from all attempts to make radical
+changes in the existing financial legislation. Let it be understood
+that during the coming year the business of the country will be
+undisturbed by governmental interference with the laws affecting it,
+and we may confidently expect that the resumption of specie payments,
+which will take place at the appointed time, will be successfully and
+easily maintained, and that it will be followed by a healthful and
+enduring revival of business prosperity.
+
+Let the healing influence of time, the inherent energies of our
+people, and the boundless resources of our country have a fair
+opportunity, and relief from present difficulties will surely follow.
+
+The report of the Secretary of War shows that the Army has been well
+and economically supplied; that our small force has been actively
+employed and has faithfully performed all the service required of it.
+The morale of the Army has improved and the number of desertions has
+materially decreased during the year.
+
+The Secretary recommends--
+
+1. That a pension be granted to the widow of the late Lieutenant Henry
+H. Benner, Eighteenth Infantry, who lost his life by yellow fever
+while in command of the steamer _J.M. Chambers_, sent with supplies
+for the relief of sufferers in the South from that disease.
+
+2. The establishment of the annuity scheme for the benefit of the
+heirs of deceased officers, as suggested by the Paymaster-General.
+
+3. The adoption by Congress of a plan for the publication of the
+records of the War of the Rebellion, now being prepared for that
+purpose.
+
+4. The increase of the extra per diem of soldier teachers employed in
+post schools, and liberal appropriations for the erection of buildings
+for schools and libraries at the different posts.
+
+5. The repeal or amendment of the act of June 18, 1878, forbidding the
+use of the Army "as a _posse comitatus_, or otherwise, for the
+purpose of executing the laws, except in such cases and under such
+circumstances as such employment of said force may be expressly
+authorized by the Constitution or by act of Congress."
+
+6. The passage of a joint resolution of Congress legalizing the issues
+of rations, tents, and medicines which were made for the relief of
+sufferers from yellow fever.
+
+7. That provision be made for the erection of a fireproof building for
+the preservation of certain valuable records, now constantly exposed
+to destruction by fire.
+
+These recommendations are all commended to your favorable
+consideration.
+
+The report of the Secretary of the Navy shows that the Navy
+has improved during the last fiscal year. Work has been done on
+seventy-five vessels, ten of which have been thoroughly repaired
+and made ready for sea. Two others are in rapid progress toward
+completion. The total expenditures of the year, including the
+amount appropriated for the deficiencies of the previous year, were
+$17,468,392.65. The actual expenses chargeable to the year, exclusive
+of these deficiencies, were $13,306,914.09, or $767,199.18 less than
+those of the previous year, and $4,928,677.74 less than the expenses
+including the deficiencies. The estimates for the fiscal year ending
+June 30, 1880, are $14,562,381.45, exceeding the appropriations of
+the present year only $33,949.75, which excess is occasioned by the
+demands of the Naval Academy and the Marine Corps, as explained in the
+Secretary's report. The appropriations for the present fiscal year are
+$14,528,431.70, which, in the opinion of the Secretary, will be ample
+for all the current expenses of the Department during the year. The
+amount drawn from the Treasury from July 1 to November 1, 1878, is
+$4,740,544.14, of which $70,980.75 has been refunded, leaving as the
+expenditure for that period $4,669,563.39, or $520,899.24 less than
+the corresponding period of the last fiscal year.
+
+The report of the Postmaster-General embraces a detailed statement of
+the operations of the Post-Office Department. The expenditures of
+that Department for the fiscal year ended June 30, 1878, were
+$34,165,084.49. The receipts, including sales of stamps, money-order
+business, and official stamps, were $29,277,516.95. The sum of
+$290,436.90, included in the foregoing statement of expenditures, is
+chargeable to preceding years, so that the actual expenditures for the
+fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn
+from the Treasury on appropriations, in addition to the revenues of
+the Department, was $5,307,652.82. The expenditures for the fiscal
+year ending June 30, 1880, are estimated at $36,571,900 and the
+receipts from all sources at $30,664,023.90, leaving a deficiency to
+be appropriated out of the Treasury of $5,907,876.10. The report calls
+attention to the fact that the compensation of postmasters and of
+railroads for carrying the mail is regulated by law, and that the
+failure of Congress to appropriate the amounts required for these
+purposes does not relieve the Government of responsibility, but
+necessarily increases the deficiency bills which Congress will be
+called upon to pass.
+
+In providing for the postal service the following questions are
+presented: Should Congress annually appropriate a sum for its expenses
+largely in excess of its revenues, or should such rates of postage be
+established as will make the Department self-sustaining? Should the
+postal service be reduced by excluding from the mails matter which
+does not pay its way? Should the number of post routes be diminished?
+Should other methods be adopted which will increase the revenues or
+diminish the expenses of the postal service?
+
+The International Postal Congress which met at Paris May 1, 1878, and
+continued in session until June 4 of the same year, was composed of
+delegates from nearly all the civilized countries of the world. It
+adopted a new convention (to take the place of the treaty concluded
+at Berne October 9, 1874), which goes into effect on the 1st of April,
+1879, between the countries whose delegates have signed it. It was
+ratified and approved, by and with the consent of the President,
+August 13, 1878. A synopsis of this Universal Postal Convention will
+be found in the report of the Postmaster-General, and the full text
+in the appendix thereto. In its origin the Postal Union comprised
+twenty-three countries, having a population of 350,000,000 people.
+On the 1st of April next it will comprise forty-three countries and
+colonies, with a population of more than 650,000,000 people, and will
+soon, by the accession of the few remaining countries and colonies
+which maintain organized postal services, constitute in fact as well
+as in name, as its new title indicates, a universal union, regulating,
+upon a uniform basis of cheap postage rates, the postal intercourse
+between all civilized nations.
+
+Some embarrassment has arisen out of the conflict between the customs
+laws of this country and the provisions of the Postal Convention in
+regard to the transmission of foreign books and newspapers to this
+country by mail. It is hoped that Congress will be able to devise some
+means of reconciling the difficulties which have thus been created, so
+as to do justice to all parties involved.
+
+The business of the Supreme Court and of the courts in many of the
+circuits has increased to such an extent during the past year that
+additional legislation is imperative to relieve and prevent the
+delay of justice and possible oppression to suitors which is thus
+occasioned. The encumbered condition of these dockets is presented
+anew in the report of the Attorney-General, and the remedy suggested
+is earnestly urged for Congressional action. The creation of
+additional circuit judges, as proposed, would afford a complete
+remedy, and would involve an expense, at the present rate of salaries,
+of not more than $60,000 a year.
+
+The annual reports of the Secretary of the Interior and of the
+Commissioner of Indian Affairs present an elaborate account of the
+present condition of the Indian tribes and of that branch of the
+public service which ministers to their interests. While the conduct
+of the Indians generally has been orderly and their relations with
+their neighbors friendly and peaceable, two local disturbances have
+occurred, which were deplorable in their character, but remained,
+happily, confined to a comparatively small number of Indians. The
+discontent among the Bannocks, which led first to some acts of
+violence on the part of some members of the tribe and finally to the
+outbreak, appears to have been caused by an insufficiency of food
+on the reservation, and this insufficiency to have been owing to the
+inadequacy of the appropriations made by Congress to the wants of the
+Indians at a time when the Indians were prevented from supplying the
+deficiency by hunting. After an arduous pursuit by the troops of
+the United States, and several engagements, the hostile Indians
+were reduced to subjection, and the larger part of them surrendered
+themselves as prisoners. In this connection I desire to call attention
+to the recommendation made by the Secretary of the Interior, that
+a sufficient fund be placed at the disposal of the Executive, to be
+used, with proper accountability, at discretion, in sudden emergencies
+of the Indian service.
+
+The other case of disturbance was that of a band of Northern
+Cheyennes, who suddenly left their reservation in the Indian Territory
+and marched rapidly through the States of Kansas and Nebraska in the
+direction of their old hunting grounds, committing murders and other
+crimes on their way. From documents accompanying the report of the
+Secretary of the Interior it appears that this disorderly band was as
+fully supplied with the necessaries of life as the 4,700 other Indians
+who remained quietly on the reservation, and that the disturbance
+was caused by men of a restless and mischievous disposition among the
+Indians themselves. Almost the whole of this band have surrendered to
+the military authorities; and it is a gratifying fact that when some
+of them had taken refuge in the camp of the Red Cloud Sioux, with whom
+they had been in friendly relations, the Sioux held them as prisoners
+and readily gave them up to the officers of the United States, thus
+giving new proof of the loyal spirit which, alarming rumors to the
+contrary notwithstanding, they have uniformly shown ever since the
+wishes they expressed at the council of September, 1877, had been
+complied with.
+
+Both the Secretary of the Interior and the Secretary of War unite
+in the recommendation that provision be made by Congress for the
+organization of a corps of mounted "Indian auxiliaries," to be under
+the control of the Army and to be used for the purpose of keeping the
+Indians on their reservations and preventing or repressing disturbance
+on their part. I earnestly concur in this recommendation. It is
+believed that the organization of such a body of Indian cavalry,
+receiving a moderate pay from the Government, would considerably
+weaken the restless element among the Indians by withdrawing from it
+a number of young men and giving them congenial employment under
+the Government, it being a matter of experience that Indians in our
+service almost without exception are faithful in the performance of
+the duties assigned to them. Such an organization would materially
+aid the Army in the accomplishment of a task for which its numerical
+strength is sometimes found insufficient.
+
+But while the employment of force for the prevention or repression
+of Indian troubles is of occasional necessity, and wise preparation
+should be made to that end, greater reliance must be placed on humane
+and civilizing agencies for the ultimate solution of what is called
+the Indian problem. It may be very difficult and require much
+patient effort to curb the unruly spirit of the savage Indian to the
+restraints of civilized life, but experience shows that it is not
+impossible. Many of the tribes which are now quiet and orderly and
+self-supporting were once as savage as any that at present roam
+over the plains or in the mountains of the far West, and were then
+considered inaccessible to civilizing influences. It may be impossible
+to raise them fully up to the level of the white population of the
+United States; but we should not forget that they are the aborigines
+of the country, and called the soil their own on which our people have
+grown rich, powerful, and happy. We owe it to them as a moral duty to
+help them in attaining at least that degree of civilization which they
+may be able to reach. It is not only our duty, it is also our interest
+to do so. Indians who have become agriculturists or herdsmen, and feel
+an interest in property, will thenceforth cease to be a warlike and
+disturbing element. It is also a well-authenticated fact that Indians
+are apt to be peaceable and quiet when their children are at school,
+and I am gratified to know, from the expressions of Indians themselves
+and from many concurring reports, that there is a steadily increasing
+desire, even among Indians belonging to comparatively wild tribes, to
+have their children educated. I invite attention to the reports of
+the Secretary of the Interior and the Commissioner of Indian Affairs
+touching the experiment recently inaugurated, in taking fifty Indian
+children, boys and girls, from different tribes, to the Hampton Normal
+Agricultural Institute in Virginia, where they are to receive an
+elementary English education and training in agriculture and other
+useful works, to be returned to their tribes, after the completed
+course, as interpreters, instructors, and examples. It is reported
+that the officer charged with the selection of those children might
+have had thousands of young Indians sent with him had it been possible
+to make provision for them. I agree with the Secretary of the
+Interior in saying that "the result of this interesting experiment,
+if favorable, may be destined to become an important factor in the
+advancement of civilization among the Indians."
+
+The question whether a change in the control of the Indian service
+should be made was at the last session of Congress referred to a
+committee for inquiry and report. Without desiring to anticipate
+that report, I venture to express the hope that in the decision of so
+important a question the views expressed above may not be lost sight
+of, and that the decision, whatever it may be, will arrest further
+agitation of this subject, such agitation being apt to produce
+a disturbing effect upon the service, as well as on the Indians
+themselves.
+
+In the enrollment of the bill making appropriations for sundry civil
+expenses, at the last session of Congress, that portion which provided
+for the continuation of the Hot Springs Commission was omitted. As
+the commission had completed the work of taking testimony on the many
+conflicting claims, the suspension of their labors, before determining
+the rights of claimants, threatened for a time to embarrass the
+interests, not only of the Government, but also of a large number
+of the citizens of Hot Springs, who were waiting for final action on
+their claims before beginning contemplated improvements. In order
+to prevent serious difficulties, which were apprehended, and at
+the solicitation of many leading citizens of Hot Springs and others
+interested in the welfare of the town, the Secretary of the Interior
+was authorized to request the late commissioners to take charge of
+the records of their proceedings and to perform such work as could
+properly be done by them under such circumstances to facilitate the
+future adjudication of the claims at an early day and to preserve
+the status of the claimants until their rights should be finally
+determined. The late commissioners complied with that request, and
+report that the testimony in all the cases has been written out,
+examined, briefed, and so arranged as to facilitate an early
+settlement when authorized by law. It is recommended that the
+requisite authority be given at as early a day in the session
+as possible, and that a fair compensation be allowed the late
+commissioners for the expense incurred and the labor performed
+by them since the 25th of June last.
+
+I invite the attention of Congress to the recommendations made by
+the Secretary of the Interior with regard to the preservation of the
+timber on the public lands of the United States. The protection of
+the public property is one of the first duties of the Government. The
+Department of the Interior should therefore be enabled by sufficient
+appropriations to enforce the laws in that respect. But this matter
+appears still more important as a question of public economy. The
+rapid destruction of our forests is an evil fraught with the gravest
+consequences, especially in the mountainous districts, where the rocky
+slopes, once denuded of their trees, will remain so forever. There
+the injury, once done, can not be repaired. I fully concur with
+the Secretary of the Interior in the opinion that for this reason
+legislation touching the public timber in the mountainous States and
+Territories of the West should be especially well considered, and
+that existing laws in which the destruction of the forests is not
+sufficiently guarded against should be speedily modified. A general
+law concerning this important subject appears to me to be a matter of
+urgent public necessity.
+
+From the organization of the Government the importance of encouraging
+by all possible means the increase of our agricultural productions
+has been acknowledged and urged upon the attention of Congress and the
+people as the surest and readiest means of increasing our substantial
+and enduring prosperity.
+
+The words of Washington are as applicable to-day as when, in his
+eighth annual message, he said:
+
+ It will not be doubted that, with reference either to
+ individual or national welfare, agriculture is of primary
+ importance. In proportion as nations advance in population
+ and other circumstances of maturity this truth becomes more
+ apparent, and renders the cultivation of the soil more and
+ more an object of public patronage. Institutions for promoting
+ it grow up, supported by the public purse; and to what object
+ can it be dedicated with greater propriety? Among the means
+ which have been employed to this end none have been attended
+ with greater success than the establishment of boards
+ (composed of proper characters) charged with collecting and
+ diffusing information, and enabled by premiums and small
+ pecuniary aids to encourage and assist a spirit of discovery
+ and improvement. This species of establishment contributes
+ doubly to the increase of improvement, by stimulating to
+ enterprise and experiment, and by drawing to a common center
+ the results everywhere of individual skill and observation
+ and spreading them thence over the whole nation. Experience
+ accordingly hath shewn that they are very cheap instruments of
+ immense national benefits.
+
+
+The preponderance of the agricultural over any other interest in the
+United States entitles it to all the consideration claimed for it by
+Washington. About one-half of the population of the United States is
+engaged in agriculture. The value of the agricultural products of the
+United States for the year 1878 is estimated at $3,000,000,000. The
+exports of agricultural products for the year 1877, as appears from
+the report of the Bureau of Statistics, were $524,000,000. The great
+extent of our country, with its diversity of soil and climate, enables
+us to produce within our own borders and by our own labor not only the
+necessaries, but most of the luxuries, that are consumed in civilized
+countries. Yet, notwithstanding our advantages of soil, climate, and
+intercommunication, it appears from the statistical statements in the
+report of the Commissioner of Agriculture that we import annually from
+foreign lands many millions of dollars worth of agricultural products
+which could be raised in our own country.
+
+Numerous questions arise in the practice of advanced agriculture
+which can only be answered by experiments, often costly and sometimes
+fruitless, which are beyond the means of private individuals and are
+a just and proper charge on the whole nation for the benefit of the
+nation. It is good policy, especially in times of depression
+and uncertainty in other business pursuits, with a vast area of
+uncultivated, and hence unproductive, territory, wisely opened to
+homestead settlement, to encourage by every proper and legitimate
+means the occupation and tillage of the soil. The efforts of
+the Department of Agriculture to stimulate old and introduce new
+agricultural industries, to improve the quality and increase the
+quantity of our products, to determine the value of old or establish
+the importance of new methods of culture, are worthy of your careful
+and favorable consideration, and assistance by such appropriations of
+money and enlargement of facilities as may seem to be demanded by the
+present favorable conditions for the growth and rapid development of
+this important interest.
+
+The abuse of animals in transit is widely attracting public attention.
+A national convention of societies specially interested in the subject
+has recently met at Baltimore, and the facts developed, both in regard
+to cruelties to animals and the effect of such cruelties upon the
+public health, would seem to demand the careful consideration of
+Congress and the enactment of more efficient laws for the prevention
+of these abuses.
+
+The report of the Commissioner of the Bureau of Education shows
+very gratifying progress throughout the country in all the interests
+committed to the care of this important office. The report is
+especially encouraging with respect to the extension of the advantages
+of the common-school system in sections of the country where the
+general enjoyment of the privilege of free schools is not yet
+attained.
+
+To education more than to any other agency we are to look as the
+resource for the advancement of the people in the requisite knowledge
+and appreciation of their rights and responsibilities as citizens, and
+I desire to repeat the suggestion contained in my former message in
+behalf of the enactment of appropriate measures by Congress for
+the purpose of supplementing with national aid the local systems of
+education in the several States.
+
+Adequate accommodations for the great library, which is overgrowing
+the capacity of the rooms now occupied at the Capitol, should be
+provided without further delay. This invaluable collection of books,
+manuscripts, and illustrative art has grown to such proportions, in
+connection with the copyright system of the country, as to demand the
+prompt and careful attention of Congress to save it from injury in its
+present crowded and insufficient quarters. As this library is national
+in its character, and must from the nature of the case increase even
+more rapidly in the future than in the past, it can not be doubted
+that the people will sanction any wise expenditure to preserve it and
+to enlarge its usefulness.
+
+The appeal of the Regents of the Smithsonian Institution for the means
+to organize, exhibit, and make available for the public benefit the
+articles now stored away belonging to the National Museum I heartily
+recommend to your favorable consideration.
+
+The attention of Congress is again invited to the condition of
+the river front of the city of Washington. It is a matter of vital
+importance to the health of the residents of the national capital,
+both temporary and permanent, that the lowlands in front of the city,
+now subject to tidal overflow, should be reclaimed. In their present
+condition these flats obstruct the drainage of the city and are a
+dangerous source of malarial poison. The reclamation will improve the
+navigation of the river by restricting, and consequently deepening,
+its channel, and is also of importance when considered in connection
+with the extension of the public ground and the enlargement of the
+park west and south of the Washington Monument. The report of the
+board of survey, heretofore ordered by act of Congress, on
+the improvement of the harbor of Washington and Georgetown, is
+respectfully commended to consideration.
+
+The report of the Commissioners of the District of Columbia presents
+a detailed statement of the affairs of the District.
+
+The relative expenditures by the United States and the District for
+local purposes is contrasted, showing that the expenditures by the
+people of the District greatly exceed those of the General Government.
+The exhibit is made in connection with estimates for the requisite
+repair of the defective pavements and sewers of the city, which is
+a work of immediate necessity; and in the same connection a plan is
+presented for the permanent funding of the outstanding securities of
+the District.
+
+The benevolent, reformatory, and penal institutions of the District
+are all entitled to the favorable attention of Congress. The Reform
+School needs additional buildings and teachers. Appropriations which
+will place all of these institutions in a condition to become models
+of usefulness and beneficence will be regarded by the country as
+liberality wisely bestowed.
+
+The Commissioners, with evident justice, request attention to the
+discrimination made by Congress against the District in the donation
+of land for the support of the public schools, and ask that the same
+liberality that has been shown to the inhabitants of the various
+States and Territories of the United States may be extended to the
+District of Columbia.
+
+The Commissioners also invite attention to the damage inflicted upon
+public and private interests by the present location of the depots and
+switching tracks of the several railroads entering the city, and ask
+for legislation looking to their removal. The recommendations and
+suggestions contained in the report will, I trust, receive the careful
+consideration of Congress.
+
+Sufficient time has, perhaps, not elapsed since the reorganization
+of the government of the District under the recent legislation
+of Congress for the expression of a confident opinion as to its
+successful operation, but the practical results already attained are
+so satisfactory that the friends of the new government may well
+urge upon Congress the wisdom of its continuance, without essential
+modification, until by actual experience its advantages and defects
+may be more fully ascertained.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 4, 1878_.
+
+_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 Brazil, concluded and signed at Rio de Janeiro on the 24th
+day of September last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _December 4, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a convention revising certain portions of existing
+commercial treaties and further extending commercial intercourse
+between the United States and Japan, concluded and signed at
+Washington on the 25th day of July last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _December 9, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, together
+with the copies of papers[21] therein referred to, in compliance with
+the resolution of the Senate of the 27th of May last.
+
+R.B. HAYES.
+
+[Footnote 21: Correspondence relative to claims of United States
+citizens against Nicaragua.]
+
+
+
+WASHINGTON, _December 16, 1878_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+5th instant, I transmit herewith a report from the Secretary of State,
+with its accompanying papers.[22]
+
+R.B. HAYES.
+
+[Footnote 22: Correspondence relative to the expulsion from the German
+Umpire of Julius Baumer, a naturalized citizen of the United States.]
+
+
+
+EXECUTIVE MANSION, _December 17, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th instant,
+requesting the transmission to the Senate of "any information which
+may have been received by the Departments concerning postal and
+commercial intercourse between the United States and South American
+countries, together with any recommendations desirable to be submitted
+of measures to be adopted for facilitating and improving such
+intercourse," I transmit herewith reports from the Secretary of State
+and the Postmaster-General, with accompanying papers.
+
+The external commerce of the United States has for many years been
+the subject of solicitude because of the outward drain of the precious
+metals it has caused. For fully twenty years previous to 1877 the
+shipment of gold was constant and heavy--so heavy during the entire
+period of the suspension of specie payments as to preclude the hope of
+resumption safely during its continuance. In 1876, however, vigorous
+efforts were made by enterprising citizens of the country, and have
+since been continued, to extend our general commerce with foreign
+lands, especially in manufactured articles, and these efforts have
+been attended with very marked success.
+
+The importation of manufactured goods was at the same time reduced in
+an equal degree, and the result has been an extraordinary reversal
+of the conditions so long prevailing and a complete cessation of
+the outward drain of gold. The official statement of the values
+represented in foreign commerce will show the unprecedented magnitude
+to which the movement has attained, and the protection thus secured to
+the public interests at the time when commercial security has become
+indispensable.
+
+The agencies through which this change has been effected must be
+maintained and strengthened if the future is to be made secure. A
+return to excessive imports or to a material decline in export trade
+would render possible a return to the former condition of adverse
+balances, with the inevitable outward drain of gold as a necessary
+consequence. Every element of aid to the introduction of the
+products of our soil and manufactures into new markets should be made
+available. At present such is the favor in which many of the products
+of the United States are held that they obtain a remunerative
+distribution, notwithstanding positive differences of cost resulting
+from our defective shipping and the imperfection of our arrangements
+in every respect, in comparison with those of our competitors, for
+conducting trade with foreign markets.
+
+If we have equal commercial facilities, we need not fear competition
+anywhere.
+
+The laws have now directed a resumption of financial equality with
+other nations, and have ordered a return to the basis of coin values.
+It is of the greatest importance that the commercial condition now
+fortunately attained shall be made permanent, and that our rapidly
+increasing export trade shall not be allowed to suffer for want of the
+ordinary means of communication with other countries.
+
+The accompanying reports contain a valuable and instructive summary of
+information with respect to our commercial interests in South America,
+where an inviting field for the enterprise of our people is presented.
+They are transmitted with the assurance that any measures that may be
+enacted in furtherance of these important interests will meet with my
+cordial approval.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 7, 1879._
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 4th
+of December last, I transmit herewith a report from the Secretary of
+State, with its accompanying papers.[23]
+
+R.B. HAYES.
+
+[Footnote 23: Correspondence relative to commercial relations with
+Mexico.]
+
+
+
+WASHINGTON, _January 13, 1879._
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 3d of June last,
+requesting a copy of correspondence between this Government and that
+of Her Britannic Majesty in regard to inviting other maritime powers
+to accede to the three rules of neutrality laid down in Article VI
+of the treaty of May 8, 1871, I transmit herewith a report of the
+Secretary of State, together with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 20, 1879._
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 17th of June last,
+requesting the Commissioner of Agriculture to send to the Senate
+certain reports on sheep husbandry, copies of the same, with
+accompanying papers, received from the Commissioner of Agriculture for
+this purpose, are herewith transmitted.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 20, 1879._
+
+_To the House of Representatives_:
+
+In answer to resolution of the House of Representatives of the 16th
+instant, requesting the Commissioner of Agriculture to forward to the
+House any facts or statistics in his office on the subject of forestry
+not heretofore reported, copies of the same, with accompanying
+papers, received from the Commissioner for this purpose, are herewith
+transmitted.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _January 23, 1879._
+
+_To the House of Representatives_:
+
+In answer to a resolution of the 25th of May last, requesting
+information respecting the claim of Messrs. Carlos Butterfield & Co.
+against the Government of Denmark, I transmit herewith to the House
+of Representatives a report of the Secretary of State and its
+accompanying papers.
+
+R.B. HAYES.
+
+
+WASHINGTON, _January 24, 1879_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 7th
+instant, I transmit herewith a report[24] from the Secretary of State,
+with its accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 24: Relating to the claim of John C. Landreau against the
+Government of Peru.]
+
+
+
+EXECUTIVE MANSION, _January 24, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the consideration of Congress, copies of
+a report and accompanying papers received from the Secretary of the
+Interior, upon a communication addressed to the President of the
+United States in behalf of a certain claim of the Choctaw Nation
+arising under the provisions of the Choctaw and Chickasaw treaty of
+June 22, 1855.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 31, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a letter of the Secretary of the Treasury, in
+relation to the suspension of the late collector and naval officer of
+the port of New York, with accompanying documents.
+
+In addition thereto I respectfully submit the following observations:
+
+The custom-house in New York collects more than two-thirds of all the
+customs revenues of the Government. Its administration is a matter not
+of local interest merely, but is of great importance to the people
+of the whole country. For a long period of time it has been used to
+manage and control political affairs.
+
+The officers suspended by me are and for several years have been
+engaged in the active personal management of the party politics of
+the city and State of New York. The duties of the offices held by
+them have been regarded as of subordinate importance to their partisan
+work. Their offices have been conducted as part of the political
+machinery under their control. They have made the custom-house a
+center of partisan political management. The custom-house should be
+a business office. It should be conducted on business principles.
+General James, the postmaster of New York City, writing on this
+subject, says:
+
+The post-office is a business institution, and should be run as such.
+It is my deliberate judgment that I and my subordinates can do more
+for the party of our choice by giving the people of this city a
+good and efficient postal service than by controlling primaries or
+dictating nominations.
+
+The New York custom-house should be placed on the same footing
+with the New York post-office. But under the suspended officers the
+custom-house would be one of the principal political agencies in the
+State of New York. To change this, they profess to believe, would be,
+in the language of Mr. Cornell in his response, "to surrender their
+personal and political rights."
+
+Convinced that the people of New York and of the country generally
+wish the New York custom-house to be administered solely with a view
+to the public interest, it is my purpose to do all in my power
+to introduce into this great office the reforms which the country
+desires.
+
+With my information of the facts in the case, and with a deep sense
+of the responsible obligation imposed upon me by the Constitution "to
+take care that the laws be faithfully executed," I regard it as
+my plain duty to suspend the officers in question and to make the
+nominations now before the Senate, in order that this important office
+may be honestly and efficiently administered.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 6, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the information of Congress, a report from
+the Secretary of State, with the accompanying papers therein referred
+to, in relation to the proceedings of the International Monetary
+Conference held at Paris in August, 1878.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 8, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the consideration of Congress, the report of
+the commission appointed under the provisions of the act approved
+May 3, 1878, entitled "An act authorizing the President of the United
+States to make certain negotiations with the Ute Indians in the
+State of Colorado," with copies of letters from the Secretary of the
+Interior and the Commissioner of Indian Affairs, and accompanying
+documents.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _February 15, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith report from the Secretary of State, and
+accompanying papers, in relation to proceedings of the International
+Prison Congress of Stockholm, held in August last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _February 18, 1879_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, dated the
+17th instant, in relation to the destruction of the bark _Forest
+Belle_ in Chinese waters in March last, submitted in compliance with
+the resolution of the House of Representatives of February 4, 1879.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 21, 1879_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my communication to Congress under date of the 8th
+instant, transmitting the report of the commission appointed under the
+act entitled "An act authorizing the President of the United States
+to make certain negotiations with the Ute Indians in the State of
+Colorado," I submit herewith a copy of a letter from the Secretary of
+the Interior and additional papers upon the same subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 28, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with its
+accompanying papers, submitted in pursuance of a resolution of the
+Senate of the 20th instant, in relation to railroads in Mexico.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 3, 1879._
+
+_To the Senate and House of Representatives_:
+
+I have received from the United States Centennial Commission their
+final report, presenting a full exhibit of the result of the United
+States Centennial Celebration and Exhibition of 1876, as required by
+the act of June 1, 1872.
+
+In transmitting this report for the consideration of Congress, I
+express, I believe, the general judgment of the country, as well as my
+own, in assigning to this exhibition a measure of success gratifying
+to the pride and patriotism of our people and full of promise to the
+great industrial and commercial interests of the nation. The very
+ample and generous contributions which the foreign nations made to
+the splendor and usefulness of the exhibition and the cordiality with
+which their representatives took part in our national commemoration
+deserve our profound acknowledgments. At this close of the great
+services rendered by the United States Centennial Commission and the
+Centennial board of finance, it gives me great pleasure to commend
+to your attention and that of the people of the whole country the
+laborious, faithful, and prosperous performances of their duties which
+have marked the administration of their respective trusts.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGE.
+
+
+EXECUTIVE MANSION, _March 1, 1879._
+
+_To the House of Representatives_:
+
+After a very careful consideration of House bill 2423, entitled "An
+act to restrict the immigration of Chinese to the United States,"
+I herewith return it to the House of Representatives, in which it
+originated, with my objections to its passage.
+
+The bill, as it was sent to the Senate from the House of
+Representatives, was confined in its provisions to the object named
+in its title, which is that of "An act to restrict the immigration of
+Chinese to the United States." The only means adopted to secure the
+proposed object was the limitation on the number of Chinese passengers
+which might be brought to this country by any one vessel to fifteen;
+and as this number was not fixed in any proportion to the size
+or tonnage of the vessel or by any consideration of the safety or
+accommodation of these passengers, the simple purpose and effect of
+the enactment were to repress this immigration to an extent falling
+but little short of its absolute exclusion.
+
+The bill, as amended in the Senate and now presented to me, includes
+an independent and additional provision which aims at and in terms
+requires the abrogation by this Government of Articles V and VI of the
+treaty with China commonly called the Burlingame treaty, through the
+action of the Executive enjoined by this provision of the act.
+
+The Burlingame treaty, of which the ratifications were exchanged at
+Peking November 23, 1869, recites as the occasion and motive of its
+negotiation by the two Governments that "since the conclusion of the
+treaty between the United States of America and the Ta Tsing Empire
+(China) of the 18th of June, 1858, circumstances have arisen showing
+the necessity of additional articles thereto," and proceeds to
+an agreement as to said additional articles. These negotiations,
+therefore, ending by the signature of the additional articles July
+28, 1868, had for their object the completion of our treaty rights
+and obligations toward the Government of China by the incorporation
+of these new articles as thenceforth parts of the principal treaty
+to which they are made supplemental. Upon the settled rules of
+interpretation applicable to such supplemental negotiations the text
+of the principal treaty and of these "additional articles thereto"
+constitute one treaty from the conclusion of the new negotiations, in
+all parts of equal and concurrent force and obligation between the
+two Governments, and to all intents and purposes as if embraced in one
+instrument.
+
+The principal treaty, of which the ratifications were exchanged August
+16, 1859, recites that "the United States of America and the Ta Tsing
+Empire, desiring to maintain firm, lasting, and sincere friendship,
+have resolved to renew, in a manner clear and positive, by means of a
+treaty or general convention of peace, amity, and commerce, the rules
+which shall in future be mutually observed in the intercourse of their
+respective countries," and proceeds in its thirty articles to lay out
+a careful and comprehensive system for the commercial relations of our
+people with China. The main substance of all the provisions of this
+treaty is to define and secure the rights of our people in respect
+of access to, residence and protection in, and trade with China. The
+actual provisions in our favor in these respects were framed to be,
+and have been found to be, adequate and appropriate to the interests
+of our commerce, and by the concluding article we receive the
+important guaranty that--
+
+ Should at any time the Ta Tsing Empire grant to any nation, or the
+ merchants or citizens of any nation, any right, privilege, or favor,
+ connected either with navigation, commerce, political or other
+ intercourse, which is not conferred by this treaty, such right,
+ privilege, and favor shall at once freely inure to the benefit of
+ the United States, its public officers, merchants, and citizens.
+
+
+Against this body of stipulations in our favor and this permanent
+engagement of equality in respect of all future concessions to foreign
+nations the general promise of permanent peace and good offices on
+our part seems to be the only equivalent. For this the first article
+undertakes as follows:
+
+ There shall be, as there have always been, peace and friendship
+ between the United States of America and the Ta Tsing Empire, and
+ between their people respectively. They shall not insult or oppress
+ each other for any trifling cause, so as to produce an estrangement
+ between them; and if any other nation should act unjustly or
+ oppressively, the United States will exert their good offices, on
+ being informed of the case, to bring about an amicable arrangement
+ of the question, thus showing their friendly feelings.
+
+
+At the date of the negotiation of this treaty our Pacific possessions
+had attracted a considerable Chinese emigration, and the advantages
+and the inconveniences felt or feared therefrom had become more or
+less manifest; but they dictated no stipulations on the subject to be
+incorporated in the treaty. The year 1868 was marked by the striking
+event of a spontaneous embassy from the Chinese Empire, headed by
+an American citizen, Anson Burlingame, who had relinquished his
+diplomatic representation of his own country in China to assume that
+of the Chinese Empire to the United States and the European nations.
+By this time the facts of the Chinese immigration and its nature and
+influences, present and prospective, had become more noticeable and
+were more observed by the population immediately affected and by this
+Government. The principal feature of the Burlingame treaty was its
+attention to and its treatment of the Chinese immigration and the
+Chinese as forming, or as they should form, a part of our population.
+Up to this time our uncovenanted hospitality to immigration, our
+fearless liberality of citizenship, our equal and comprehensive
+justice to all inhabitants, whether they abjured their foreign
+nationality or not, our civil freedom, and our religious toleration
+had made all comers welcome, and under these protections the Chinese
+in considerable numbers had made their lodgment upon our soil.
+
+The Burlingame treaty undertakes to deal with this situation, and its
+fifth and sixth articles embrace its most important provisions in this
+regard and the main stipulations in which the Chinese Government has
+secured an obligatory protection of its subjects within our territory.
+They read as follows:
+
+ ART. V. The United States of America and the Emperor of China
+ cordially recognize the inherent and inalienable right of man to
+ change his home and allegiance, and also the mutual advantage of
+ the free migration and emigration of their citizens and subjects
+ respectively from the one country to the other for purposes of
+ curiosity, of trade, or as permanent residents. The high contracting
+ parties therefore join in reprobating any other than an entirely
+ voluntary emigration for these purposes. They consequently agree to
+ pass laws making it a penal offense for a citizen of the United States
+ or Chinese subjects to take Chinese subjects either to the United
+ States or to any other foreign country, or for a Chinese subject or
+ citizen of the United States to take citizens of the United States
+ to China or to any other foreign country, without their free and
+ voluntary consent, respectively.
+
+ ART. VI. Citizens of the United States visiting or residing in China
+ shall enjoy the same privileges, immunities, or exemptions in respect
+ to travel or residence as may there be enjoyed by the citizens or
+ subjects of the most favored nation, and, reciprocally, Chinese
+ subjects visiting or residing in the United States shall enjoy the
+ same privileges, immunities, and exemptions in respect to travel or
+ residence as may there be enjoyed by the citizens or subjects of the
+ most favored nation. But nothing herein contained shall be held to
+ confer naturalization upon citizens of the United States in China,
+ nor upon the subjects of China in the United States.
+
+
+An examination of these two articles in the light of the experience
+then influential in suggesting their "necessity" will show that the
+fifth article was framed in hostility to what seemed the principal
+mischief to be guarded against, to wit, the introduction of Chinese
+laborers by methods which should have the character of a forced and
+servile importation, and not of a voluntary emigration of freemen
+seeking our shores upon motives and in a manner consonant with the
+system of our institutions and approved by the experience of the
+nation. Unquestionably the adhesion of the Government of China to
+these liberal principles of freedom in emigration, with which we were
+so familiar and with which we were so well satisfied, was a great
+advance toward opening that Empire to our civilization and religion,
+and gave promise in the future of greater and greater practical
+results in the diffusion throughout that great population of our arts
+and industries, our manufactures, our material improvements, and the
+sentiments of government and religion which seem to us so important to
+the welfare of mankind. The first clause of this article secures this
+acceptance by China of the American doctrines of free migration to and
+fro among the peoples and races of the earth.
+
+The second clause, however, in its reprobation of "any other than an
+entirely voluntary emigration" by both the high contracting parties,
+and in the reciprocal obligations whereby we secured the solemn and
+unqualified engagement on the part of the Government of China "to pass
+laws making it a penal offense for a citizen of the United States or
+Chinese subjects to take Chinese subjects either to the United States
+or to any other foreign country without their free and voluntary
+consent," constitutes the great force and value of this article. Its
+importance both in principle and in its practical service toward our
+protection against servile importation in the guise of immigration can
+not be overestimated. It commits the Chinese Government to active and
+efficient measures to suppress this iniquitous system, where those
+measures are most necessary and can be most effectual. It gives to
+this Government the footing of a treaty right to such measures and
+the means and opportunity of insisting upon their adoption and
+of complaint and resentment at their neglect. The fifth article,
+therefore, if it fall short of what the pressure of the later
+experience of our Pacific States may urge upon the attention of this
+Government as essential to the public welfare, seems to be in the
+right direction and to contain important advantages which once
+relinquished can not be easily recovered.
+
+The second topic which interested the two Governments under the actual
+condition of things which prompted the Burlingame treaty was adequate
+protection, under the solemn and definite guaranties of a treaty,
+of the Chinese already in this country and those who should seek
+our shores. This was the object, and forms the subject of the sixth
+article, by whose reciprocal engagement the citizens and subjects of
+the two Governments, respectively, visiting or residing in the
+country of the other are secured the same privileges, immunities,
+or exemptions there enjoyed by the citizens or subjects of the most
+favored nations. The treaty of 1858, to which these articles are made
+supplemental, provides for a great amount of privilege and protection,
+both of person and property, to American citizens in China, but it is
+upon this sixth article that the main body of the treaty rights
+and securities of the Chinese already in this country depends. Its
+abrogation, were the rest of the treaty left in force, would leave
+them to such treatment as we should voluntarily accord them by our
+laws and customs. Any treaty obligation would be wanting to restrain
+our liberty of action toward them, or to measure or sustain the right
+of the Chinese Government to complaint or redress in their behalf.
+
+The lapse of ten years since the negotiation of the Burlingame treaty
+has exhibited to the notice of the Chinese Government, as well as to
+our own people, the working of this experiment of immigration in great
+numbers of Chinese laborers to this country, and their maintenance
+here of all the traits of race, religion, manners, and customs,
+habitations, mode of life, segregation here, and the keeping up of
+the ties of their original home, which stamp them as strangers and
+sojourners, and not as incorporated elements of our national life and
+growth. This experience may naturally suggest the reconsideration of
+the subject as dealt with by the Burlingame treaty, and may properly
+become the occasion of more and circumspect recognition, in renewed
+negotiations, of the difficulties surrounding this political and
+social problem. It may well be that, to the apprehension of the
+Chinese Government no less than our own, the simple provisions of the
+Burlingame treaty may need to be replaced by more careful methods,
+securing the Chinese and ourselves against a larger and more rapid
+infusion of this foreign race than our system of industry and
+society can take up and assimilate with ease and safety. This ancient
+Government, ruling a polite and sensitive people, distinguished by
+a high sense of national pride, may properly desire an adjustment of
+their relations with us which would in all things confirm and in no
+degree endanger the permanent peace and amity and the growing commerce
+and prosperity which it has been the object and the effect of our
+existing treaties to cherish and perpetuate.
+
+I regard the very grave discontents of the people of the Pacific
+States with the present working of the Chinese immigration, and their
+still graver apprehensions therefrom in the future, as deserving
+the most serious attention of the people of the whole country and a
+solicitous interest on the part of Congress and the Executive. If this
+were not my own judgment, the passage of this bill by both Houses of
+Congress would impress upon me the seriousness of the situation, when
+a majority of the representatives of the people of the whole country
+had thought fit to justify so serious a measure of relief.
+
+The authority of Congress to terminate a treaty with a foreign power
+by expressing the will of the nation no longer to adhere to it is
+as free from controversy under our Constitution as is the further
+proposition that the power of making new treaties or modifying
+existing treaties is not lodged by the Constitution in Congress, but
+in the President, by and with the advice and consent of the Senate, as
+shown by the concurrence of two-thirds of that body. A denunciation of
+a treaty by any government is confessedly justifiable only upon some
+reason both of the highest justice and of the highest necessity. The
+action of Congress in the matter of the French treaties in 1798, if
+it be regarded as an abrogation by this nation of a subsisting treaty,
+strongly illustrates the character and degree of justification which
+was then thought suitable to such a proceeding. The preamble of the
+act recites that the--
+
+ Treaties concluded between the United States and France have been
+ repeatedly violated on the part of the French Government, and the
+ just claims of the United States for reparation of the injuries
+ so committed have been refused, and their attempts to negotiate an
+ amicable adjustment of all complaints between the two nations have
+ been repelled with indignity.
+
+
+And that--
+
+ Under authority of the French Government there is yet pursued against
+ the United States a system of predatory violence, infracting the said
+ treaties and hostile to the rights of a free and independent nation.
+
+
+The enactment, as a logical consequence of these recited facts,
+declares--
+
+ That the United States are of right freed and exonerated from the
+ stipulations of the treaties and of the consular convention heretofore
+ concluded between the United States and France, and that the same
+ shall not henceforth be regarded as legally obligatory on the
+ Government or citizens of the United States.
+
+
+The history of the Government shows no other instance of an abrogation
+of a treaty by Congress.
+
+Instances have sometimes occurred where the ordinary legislation
+of Congress has, by its conflict with some treaty obligation of the
+Government toward a foreign power, taken effect as an _infraction_
+of the treaty, and been judicially declared to be operative to that
+result; but neither such legislation nor such judicial sanction of the
+same has been regarded as an _abrogation_, even for the moment, of
+the treaty. On the contrary, the treaty in such case still subsists
+between the governments, and the casual infraction is repaired by
+appropriate satisfaction in maintenance of the treaty.
+
+The bill before me does not enjoin upon the President the abrogation
+of the entire Burlingame treaty, much less of the principal treaty of
+which it is made the supplement. As the power of modifying an existing
+treaty, whether by adding or striking out provisions, is a part of
+the treaty-making power under the Constitution, its exercise is not
+competent for Congress, nor would the assent of China to this partial
+abrogation of the treaty make the action of Congress in thus procuring
+an amendment of a treaty a competent exercise of authority under the
+Constitution. The importance, however, of this special consideration
+seems superseded by the principle that a denunciation of a part of a
+treaty not made by the terms of the treaty itself separable from
+the rest is a denunciation of the whole treaty. As the other high
+contracting party has entered into no treaty obligations except such
+as include the part denounced, the denunciation by one party of the
+part necessarily liberates the other party from the whole treaty.
+
+I am convinced that, whatever urgency might in any quarter or by any
+interest be supposed to require an instant suppression of further
+immigration from China, no reasons can require the immediate
+withdrawal of our treaty protection of the Chinese already in this
+country, and no circumstances can tolerate an exposure of our citizens
+in China, merchants or missionaries, to the consequences of so sudden
+an abrogation of their treaty protection. Fortunately, however, the
+actual recession in the flow of the emigration from China to the
+Pacific Coast, shown by trustworthy statistics, relieves us from any
+apprehension that the treatment of the subject in the proper course of
+diplomatic negotiations will introduce any new features of discontent
+or disturbance among the communities directly affected. Were such
+delay fraught with more inconveniences than have ever been suggested
+by the interests most earnest in promoting this legislation, I can not
+but regard the summary disturbance of our existing treaties with
+China as greatly more inconvenient to much wider and more permanent
+interests of the country.
+
+I have no occasion to insist upon the more general considerations of
+interest and duty which sacredly guard the faith of the nation, in
+whatever form of obligation it may have been given. These sentiments
+animate the deliberations of Congress and pervade the minds of our
+whole people. Our history gives little occasion for any reproach in
+this regard; and in asking the renewed attention of Congress to this
+bill I am persuaded that their action will maintain the public duty
+and the public honor.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the final adjournment of the Forty-fifth Congress without
+making the usual and necessary appropriations for the legislative,
+executive, and judicial expenses of the Government for the fiscal
+year ending June 30, 1880, and without making the usual and necessary
+appropriations for the support of the Army for the same fiscal year,
+presents an extraordinary occasion requiring the President to exercise
+the power vested in him by the Constitution to convene the Houses
+of Congress in anticipation of the day fixed by law for their next
+meeting:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do, by virtue of the power to this end in me vested by the
+Constitution, convene both Houses of Congress to assemble at their
+respective chambers at 12 o'clock noon on Tuesday, the 18th day of
+March instant, then and there to consider and determine such measures
+as in their wisdom their duty and the welfare of the people may seem
+to demand.
+
+[SEAL.]
+
+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 4th day of March, A.D. 1879, and
+of the Independence of the United States of America the one hundred
+and third.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _March 19, 1879_.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+The failure of the last Congress to make the requisite appropriations
+for legislative and judicial purposes, for the expenses of the several
+Executive Departments of the Government, and for the support of
+the Army has made it necessary to call a special session of the
+Forty-sixth Congress.
+
+The estimates of the appropriations needed which were sent to Congress
+by the Secretary of the Treasury at the opening of the last session
+are renewed, and are herewith transmitted to both the Senate and the
+House of Representatives.
+
+Regretting the existence of the emergency which requires a special
+session of Congress at a time when it is the general judgment of the
+country that the public welfare will be best promoted by permanency in
+our legislation and by peace and rest, I commend these few necessary
+measures to your considerate attention.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _March 20, 1879_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d instant,
+calling for the reports of Gustavus Goward on the Samoan Islands,
+I transmit herewith a report from the Secretary of State, with the
+accompanying papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _April 18, 1879_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 15th instant, I
+transmit herewith a copy of the report of the commission appointed by
+the President on the 15th of March, 1872, relating to the different
+interoceanic canal surveys and the practicability of the construction
+of a ship canal across this continent.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _May 15, 1879_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 7th instant,
+requesting information in reference to an alleged occupation of a
+portion of the Indian Territory by white settlers, etc., I transmit
+herewith a copy of my proclamation dated April 26, 1879;[25] also
+copies of the correspondence and papers on file and of record in the
+Department of the Interior and the War Department touching the subject
+of the resolution.
+
+R.B. HAYES.
+
+[Footnote 25: See pp. 547-548.]
+
+
+
+EXECUTIVE MANSION, _May 26, 1879_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 14th instant,
+I transmit herewith a communication[26] from the Secretary of the
+Interior and accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 26: Relating to lands in the Indian Territory acquired by the
+treaties of 1866.]
+
+
+
+EXECUTIVE MANSION, _June 5, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith the "proceedings and report" of the board of
+officers convened by Special Orders, No. 78, Headquarters of the
+Army, Washington, April 12, 1878, in the case of Fitz John Porter. The
+report of the board was made in March last, but the official record of
+the proceedings did not reach me until the 3d instant.
+
+I have given to this report such examination as satisfies me that
+I ought to lay the proceedings and conclusions of the board before
+Congress. As I am without power, in the absence of legislation, to act
+upon the recommendations of the report further than by submitting the
+same to Congress, the proceedings and conclusions of the board are
+transmitted for the information of Congress and such action as in your
+wisdom shall seem expedient and just.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 13, 1879_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in compliance with the resolution of the House
+of Representatives of the 29th ultimo, a report of the Secretary of
+State relative to the steps taken by this Government to promote the
+establishment of an interoceanic canal across or near the Isthmus of
+Darien.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 23, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a report from the Secretary
+of State, in response to a resolution of that body of the 20th
+instant, calling for the proceedings and accompanying papers of
+the International Silver Conference held in Paris in 1878.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 30, 1879_.
+
+_To the Senate and House of Representatives_:
+
+The bill making provision for the payment of the fees of United States
+marshals and their general deputies, which I have this day returned
+to the House of Representatives, in which it originated, with my
+objections,[27] having upon its reconsideration by that body failed
+to become a law, I respectfully call your attention to the immediate
+necessity of making some adequate provision for the due and efficient
+execution by the marshals and deputy marshals of the United States of
+the constant and important duties enjoined upon them by the existing
+laws. All appropriations to provide for the performance of these
+indispensable duties expire to-day. Under the laws prohibiting public
+officers from involving the Government in contract liabilities beyond
+actual appropriations, it is apparent that the means at the disposal
+of the executive department for executing the laws through the
+regular ministerial officers will after to-day be left inadequate. The
+suspension of these necessary functions in the orderly administration
+of the first duties of government for the shortest period is
+inconsistent with the public interests, and at any moment may prove
+inconsistent with the public safety.
+
+It is impossible for me to look without grave concern upon a state of
+things which will leave the public service thus unprovided for and
+the public interests thus unprotected, and I earnestly urge upon your
+attention the necessity of making immediate appropriations for the
+maintenance of the service of the marshals and deputy marshals for the
+fiscal year which commences to-morrow.
+
+RUTHERFORD B. HAYES.
+
+[Footnote 27: See pp. 545-547.]
+
+
+
+WASHINGTON, _July 1, 1879_.
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 28th June, 1879,
+requesting a copy of any correspondence which may have passed between
+the Department of State and the Republic of Mexico in regard to the
+proposed Austin-Topolovampo Railroad survey across the northern States
+of that country, I transmit herewith the report of the Secretary of
+State upon the subject.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _April 29, 1879_.
+
+_To the House of Representatives_:
+
+I have maturely considered the important questions presented by the
+bill entitled "An act making appropriations for the support of
+the Army for the fiscal year ending June 30, 1880, and for other
+purposes," and I now return it to the House of Representatives, in
+which it originated, with my objections to its approval.
+
+The bill provides in the usual form for the appropriations required
+for the support of the Army during the next fiscal year. If it
+contained no other provisions, it would receive my prompt approval. It
+includes, however, further legislation, which, attached, as it is, to
+appropriations which are requisite for the efficient performance
+of some of the most necessary duties of the Government, involves
+questions of the gravest character. The sixth section of the bill is
+amendatory of the statute now in force in regard to the authority of
+persons in the civil, military, and naval service of the United States
+"at the place where any general or special election is held in any
+State." This statute was adopted February 25, 1865, after a protracted
+debate in the Senate, and almost without opposition in the House
+of Representatives, by the concurrent votes of both of the leading
+political parties of the country, and became a law by the approval of
+President Lincoln. It was reenacted in 1874 in the Revised Statutes of
+the United States, sections 2002 and 5528, which are as follows:
+
+ SEC. 2002. No military or naval officer, or other person
+ engaged in the civil, military, or naval service of the United
+ States, shall order, bring, keep, or have under his authority
+ or control any troops or armed men at the place where any
+ general or special election is held in any State, unless it be
+ necessary to repel the armed enemies of the United States or
+ to keep the peace at the polls.
+
+ SEC. 5528. Every officer of the Army or Navy, or other person
+ in the civil, military, or naval service of the United States,
+ who orders, brings, keeps, or has under his authority or
+ control any troops or armed men at any place where a general
+ or special election is held in any State, unless such force
+ be necessary to repel armed enemies of the United States or
+ to keep the peace at the polls, shall be fined not more than
+ $5,000 and surfer imprisonment at hard labor not less than
+ three months nor more than five years.
+
+
+The amendment proposed to this statute in the bill before me omits
+from both of the foregoing sections the words "or to keep the peace
+at the polls," The effect of the adoption of this amendment may be
+considered--
+
+First. Upon the right of the United States Government to use military
+force to keep the peace at the elections for Members of Congress; and
+
+Second. Upon the right of the Government, by civil authority, to
+protect these elections from violence and fraud.
+
+In addition to the sections of the statute above quoted, the following
+provisions of law relating to the use of the military power at the
+elections are now in force:
+
+ SEC. 2003. No officer of the Army or Navy of the United States
+ shall prescribe or fix, or attempt to prescribe or fix, by
+ proclamation, order, or otherwise, the qualifications of
+ voters in any State, or in any manner interfere with the
+ freedom of any election in any State, or with the exercise of
+ the free right of suffrage in any State.
+
+ SEC. 5529. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order,
+ advice, or otherwise, prevents, or attempts to prevent, any
+ qualified voter of any State from freely exercising the right
+ of suffrage at any general or special election in such State
+ shall be fined not more than $5,000 and imprisoned at hard
+ labor not more than five years.
+
+ SEC. 5530. Every officer of the Army or Navy who prescribes
+ or fixes, or attempts to prescribe or fix, whether by
+ proclamation, order, or otherwise, the qualifications of
+ voters at any election in any State shall be punished as
+ provided in the preceding section.
+
+ SEC. 5531. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order, or
+ otherwise, compels, or attempts to compel, any officer holding
+ an election in any State to receive a vote from a person not
+ legally qualified to vote, or who imposes, or attempts to
+ impose, any regulations for conducting any general or special
+ election in a State different from those prescribed by law, or
+ who interferes in any manner with any officer of an election
+ in the discharge of his duty, shall be punished as provided in
+ section 5529.
+
+ SEC. 5532. Every person convicted of any of the offenses
+ specified in the five preceding sections shall, in addition to
+ the punishments therein severally prescribed, be disqualified
+ from holding any office of honor, profit, or trust under
+ the United States; but nothing in those sections shall be
+ construed to prevent any officer, soldier, sailor, or marine
+ from exercising the right of suffrage in any election district
+ to which he may belong, if otherwise qualified according to
+ the laws of the State in which he offers to vote.
+
+
+The foregoing enactments would seem to be sufficient to prevent
+military interference with the elections. But the last Congress, to
+remove all apprehension of such interference, added to this body of
+law section 15 of an act entitled "An act making appropriations for
+the support of the Army for the fiscal year ending June 30, 1879, and
+for other purposes," approved June 18, 1878, which is as follows:
+
+ SEC. 15. From and after the passage of this act it shall not
+ be lawful to employ any part of the Army of the United States,
+ as a _posse comitatus_ or otherwise, for the purpose of
+ executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be
+ expressly authorized by the Constitution or by act of
+ Congress; and no money appropriated by this act shall be used
+ to pay any of the expenses incurred in the employment of any
+ troops in violation of this section; and any person willfully
+ violating the provisions of this section shall be deemed
+ guilty of a misdemeanor, and on conviction thereof shall be
+ punished by fine not exceeding $10,000 or imprisonment not
+ exceeding two years, or by both such fine and imprisonment.
+
+
+This act passed the Senate, after full consideration, without a single
+vote recorded against it on its final passage, and, by a majority
+of more than two-thirds, it was concurred in by the House of
+Representatives.
+
+The purpose of the section quoted was stated in the Senate by one of
+its supporters as follows:
+
+ Therefore I hope, without getting into any controversy about
+ the past, but acting wisely for the future, that we shall
+ take away the idea that the Army can be used by a general or
+ special deputy marshal, or any marshal, merely for election
+ purposes, as a posse, ordering them about the polls or
+ ordering them anywhere else, when there is an election going
+ on, to prevent disorders or to suppress disturbances that
+ should be suppressed by the peace officers of the State; or,
+ if they must bring others to their aid they should summon the
+ unorganized citizens, and not summon the officers and men of
+ the Army as _posse comitatus_ to quell disorders, and thus
+ get up a feeling which will be disastrous to peace among the
+ people of the country.
+
+
+In the House of Representatives the object of the act of 1878 was
+stated by the gentleman who had it in charge in similar terms. He
+said:
+
+ But these are all minor points and insignificant questions
+ compared with the great principle which was incorporated by
+ the House in the bill in reference to the use of the Army
+ in time of peace. The Senate had already conceded what they
+ called and what we might accept as the principle, but they
+ had stricken out the penalty, and had stricken out the word
+ "_expressly_" so that the Army might be used in all cases
+ where _implied_ authority might be inferred. The House
+ committee planted themselves firmly upon the doctrine that
+ rather than yield this fundamental principle, for which for
+ three years this House had struggled, they would allow
+ the bill to fail, notwithstanding the reforms which we had
+ secured, regarding these reforms as of but little consequence
+ alongside the great principle that the Army of the United
+ States, in time of peace, should be under the control of
+ Congress and obedient to its laws. After a long and protracted
+ negotiation, the Senate committee have conceded that principle
+ in all its length and breadth, including the penalty, which
+ the Senate had stricken out. We bring you back, therefore,
+ a report, with the alteration of a single word, which the
+ lawyers assure me is proper to be made, restoring to this bill
+ the principle for which we have contended so long, and which
+ is so vital to secure the rights and liberties of the people.
+
+ * * * * *
+
+ Thus have we this day secured to the people of this country
+ the same great protection against a standing army which cost
+ a struggle of two hundred years for the Commons of England to
+ secure for the British people.
+
+
+From this brief review of the subject it sufficiently appears that
+under existing laws there can be no military interference with the
+elections. No case of such interference has, in fact, occurred since
+the passage of the act last referred to. No soldier of the United
+States has appeared under orders at any place of election in any
+State. No complaint even of the presence of United States troops has
+been made in any quarter. It may therefore be confidently stated
+that there is no necessity for the enactment of section 6 of the bill
+before me to prevent military interference with the elections. The
+laws already in force are all that is required for that end.
+
+But that part of section 6 of this bill which is significant and
+vitally important is the clause which, if adopted, will deprive the
+civil authorities of the United States of all power to keep the peace
+at the Congressional elections. The Congressional elections in every
+district, in a very important sense, are justly a matter of political
+interest and concern throughout the whole country. Each State, every
+political party, is entitled to the share of power which is conferred
+by the legal and constitutional suffrage. It is the right of every
+citizen possessing the qualifications prescribed by law to cast one
+unintimidated ballot and to have his ballot honestly counted. So long
+as the exercise of this power and the enjoyment of this right are
+common and equal, practically as well as formally, submission to the
+results of the suffrage will be accorded loyally and cheerfully, and
+all the departments of Government will feel the true vigor of the
+popular will thus expressed.
+
+Two provisions of the Constitution authorize legislation by Congress
+for the regulation of the Congressional elections.
+
+Section 4 of Article I of the Constitution declares--
+
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+
+
+The fifteenth amendment of the Constitution is as follows:
+
+ SEC. 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.
+
+
+The Supreme Court has held that this amendment invests the citizens of
+the United States with a new constitutional right which is within
+the protecting power of Congress. That right the court declares to
+be exemption from discrimination in the exercise of the elective
+franchise on account of race, color, or previous condition of
+servitude. The power of Congress to protect this right by appropriate
+legislation is expressly affirmed by the court.
+
+National legislation to provide safeguards for free and honest
+elections is necessary, as experience has shown, not only to secure
+the right to vote to the enfranchised race at the South, but also to
+prevent fraudulent voting in the large cities of the North. Congress
+has therefore exercised the power conferred by the Constitution, and
+has enacted certain laws to prevent discriminations on account of
+race, color, or previous condition of servitude, and to punish fraud,
+violence, and intimidation at Federal elections. Attention is called
+to the following sections of the Revised Statutes of the United
+States, viz:
+
+Section 2004, which guarantees to all citizens the right to vote,
+without distinction on account of race, color, or previous condition
+of servitude.
+
+Sections 2005 and 2006, which guarantee to all citizens equal
+opportunity, without discrimination, to perform all the acts required
+by law as a prerequisite or qualification for voting.
+
+Section 2022, which authorizes the United States marshal and
+his deputies to keep the peace and preserve order at the Federal
+elections.
+
+Section 2024, which expressly authorizes the United States marshal
+and his deputies to summon a _posse comitatus_ whenever they or any of
+them are forcibly resisted in the execution of their duties under the
+law or are prevented from executing such duties by violence.
+
+Section 5522, which provides for the punishment of the crime of
+interfering with the supervisors of elections and deputy marshals in
+the discharge of their duties at the elections of Representatives in
+Congress.
+
+These are some of the laws on this subject which it is the duty of
+the executive department of the Government to enforce. The intent and
+effect of the sixth section of this bill is to prohibit all the civil
+officers of the United States, under penalty of fine and imprisonment,
+from employing any adequate civil force for this purpose at the place
+where their enforcement is most necessary, namely, at the places
+where the Congressional elections are held. Among the most valuable
+enactments to which I have referred are those which protect the
+supervisors of Federal elections in the discharge of their duties at
+the polls. If the proposed legislation should become the law, there
+will be no power vested in any officer of the Government to protect
+from violence the officers of the United States engaged in the
+discharge of their duties. Their rights and duties under the law will
+remain, but the National Government will be powerless to enforce its
+own statutes. The States may employ both military and civil power to
+keep the peace and to enforce the laws at State elections. It is
+now proposed to deny to the United States even the necessary civil
+authority to protect the national elections. No sufficient reason has
+been given for this discrimination in favor of the State and against
+the national authority. If well-founded objections exist against the
+present national election laws, all good citizens should unite in
+their amendment. The laws providing the safeguards of the elections
+should be impartial, just, and efficient. They should, if possible,
+be so nonpartisan and fair in their operation that the minority--the
+party out of power--will have no just grounds to complain. The present
+laws have in practice unquestionably conduced to the prevention of
+fraud and violence at the elections. In several of the States members
+of different political parties have applied for the safeguards which
+they furnish. It is the right and duty of the National Government to
+enact and enforce laws which will secure free and fair Congressional
+elections. The laws now in force should not be repealed except in
+connection with the enactment of measures which will better accomplish
+that important end. Believing that section 6 of the bill before me
+will weaken, if it does not altogether take away, the power of the
+National Government to protect the Federal elections by the civil
+authorities, I am forced to the conclusion that it ought not to
+receive my approval.
+
+This section is, however, not presented to me as a separate and
+independent measure, but is, as has been stated, attached to the bill
+making the usual annual appropriations for the support of the Army. It
+makes a vital change in the election laws of the country, which is in
+no way connected with the use of the Army. It prohibits, under heavy
+penalties, any person engaged in the civil service of the United
+States from having any force at the place of any election, prepared to
+preserve order, to make arrests, to keep the peace, or in any manner
+to enforce the laws. This is altogether foreign to the purpose of
+an Army appropriation bill. The practice of tacking to appropriation
+bills measures not pertinent to such bills did not prevail until more
+than forty years after the adoption of the Constitution. It has become
+a common practice. All parties when in power have adopted it. Many
+abuses and great waste of public money have in this way crept into
+appropriation bills. The public opinion of the country is against it.
+The States which have recently adopted constitutions have generally
+provided a remedy for the evil by enacting that no law shall contain
+more than one subject, which shall be plainly expressed in its
+title. The constitutions of more than half of the States contain
+substantially this provision. The public welfare will be promoted in
+many ways by a return to the early practice of the Government and to
+the true principle of legislation, which requires that every measure
+shall stand or fall according to its own merits. If it were understood
+that to attach to an appropriation bill a measure irrelevant to the
+general object of the bill would imperil and probably prevent its
+final passage and approval, a valuable reform in the parliamentary
+practice of Congress would be accomplished. The best justification
+that has been offered for attaching irrelevant riders to appropriation
+bills is that it is done for convenience sake, to facilitate the
+passage of measures which are deemed expedient by all the branches
+of Government which participate in legislation. It can not be claimed
+that there is any such reason for attaching this amendment of the
+election laws to the Army appropriation bill. The history of the
+measure contradicts this assumption. A majority of the House of
+Representatives in the last Congress was in favor of section 6 of this
+bill. It was known that a majority of the Senate was opposed to
+it, and that as a separate measure it could not be adopted. It was
+attached to the Army appropriation bill to compel the Senate to
+assent to it. It was plainly announced to the Senate that the Army
+appropriation bill would not be allowed to pass unless the proposed
+amendments of the election laws were adopted with it. The Senate
+refused to assent to the bill on account of this irrelevant section.
+Congress thereupon adjourned without passing an appropriation bill for
+the Army, and the present extra session of the Forty-sixth Congress
+became necessary to furnish the means to carry on the Government.
+
+The ground upon which the action of the House of Representatives is
+defended has been distinctly stated by many of its advocates. A week
+before the close of the last session of Congress the doctrine in
+question was stated by one of its ablest defenders as follows:
+
+ It is our duty to repeal these laws. It is not worth while
+ to attempt the repeal except upon an appropriation bill.
+ The Republican Senate would not agree to nor the Republican
+ President sign a bill for such repeal. Whatever objection to
+ legislation upon appropriation bills may be made in ordinary
+ cases does not apply where free elections and the liberty of
+ the citizens are concerned. * * * We have the power to vote
+ money; let us annex conditions to it, and insist upon the
+ redress of grievances.
+
+
+By another distinguished member of the House it was said:
+
+ The right of the Representatives of the people to withhold
+ supplies is as old as English liberty. History records
+ numerous instances where the Commons, feeling that the people
+ were oppressed by laws that the Lords would not consent
+ to repeal by the ordinary methods of legislation, obtained
+ redress at last by refusing appropriations unless accompanied
+ by relief measures.
+
+
+That a question of the gravest magnitude, and new in this country, was
+raised by this course of proceeding, was fully recognized also by its
+defenders in the Senate. It was said by a distinguished Senator:
+
+ Perhaps no greater question, in the form we are brought to
+ consider it, was ever considered by the American Congress
+ in time of peace; for it involves not merely the merits or
+ demerits of the laws which the House bill proposes to repeal,
+ but involves the rights, the privileges, the powers, the
+ duties of the two branches of Congress and of the President
+ of the United States. It is a vast question; it is a question
+ whose importance can scarcely be estimated; it is a question
+ that never yet has been brought so sharply before the American
+ Congress and the American people as it may be now. It is
+ a question which sooner or later must be decided, and the
+ decision must determine what are the powers of the House of
+ Representatives under the Constitution, and what is the duty
+ of that House in the view of the framers of that Constitution,
+ according to its letter and its spirit.
+
+ Mr. President, I should approach this question, if I were in
+ the best possible condition to speak and to argue it, with
+ very grave diffidence, and certainly with the utmost anxiety;
+ for no one can think of it as long and as carefully as I have
+ thought of it without seeing that we are at the beginning,
+ perhaps, of a struggle that may last as long in this country
+ as a similar struggle lasted in what we are accustomed to call
+ the mother land. There the struggle lasted for two centuries
+ before it was ultimately decided. It is not likely to last so
+ long here, but it may last until every man in this chamber is
+ in his grave. It is the question whether or no the House of
+ Representatives has a right to say, "We will grant supplies
+ only upon condition that grievances are redressed. We are
+ the representatives of the taxpayers of the Republic. We, the
+ House of Representatives, alone have the right to originate
+ money bills. We, the House of Representatives, have alone the
+ right to originate bills which grant the money of the people.
+ The Senate represents States; we represent the taxpayers
+ of the Republic. We, therefore, by the very terms of the
+ Constitution, are charged with the duty of originating the
+ bills which grant the money of the people. We claim the right,
+ which the House of Commons in England established after two
+ centuries of contest, to say that we will not grant the money
+ of the people unless there is a redress of grievances."
+
+
+Upon the assembling of this Congress, in pursuance of a call for
+an extra session, which was made necessary by the failure of the
+Forty-fifth Congress to make the needful appropriations for the
+support of the Government, the question was presented whether the
+attempt made in the last Congress to ingraft by construction a new
+principle upon the Constitution should be persisted in or not. This
+Congress has ample opportunity and time to pass the appropriation
+bills, and also to enact any political measures which may be
+determined upon in separate bills by the usual and orderly methods
+of proceeding. But the majority of both Houses have deemed it wise to
+adhere to the principles asserted and maintained in the last Congress
+by the majority of the House of Representatives. That principle is
+that the House of Representatives has the sole right to originate
+bills for raising revenue, and therefore has the right to withhold
+appropriations upon which the existence of the Government may depend
+unless the Senate and the President shall give their assent to any
+legislation which the House may see fit to attach to appropriation
+bills. To establish this principle is to make a radical, dangerous,
+and unconstitutional change in the character of our institutions. The
+various departments of the Government and the Army and the Navy
+are established by the Constitution or by laws passed in pursuance
+thereof. Their duties are clearly defined and their support is
+carefully provided for by law. The money required for this purpose has
+been collected from the people and is now in the Treasury, ready to
+be paid out as soon as the appropriation bills are passed. Whether
+appropriations are made or not, the collection of the taxes will go
+on. The public money will accumulate in the Treasury. It was not the
+intention of the framers of the Constitution that any single branch of
+the Government should have the power to dictate conditions upon
+which this treasure should be applied to the purpose for which it was
+collected. Any such intention, if it had been entertained, would have
+been plainly expressed in the Constitution.
+
+That a majority of the Senate now concurs in the claim of the House
+adds to the gravity of the situation, but does not alter the
+question at issue. The new doctrine, if maintained, will result in
+a consolidation of unchecked and despotic power in the House of
+Representatives. A bare majority of the House will become the
+Government. The Executive will no longer be what the framers of
+the Constitution intended--an equal and independent branch of the
+Government. It is clearly the constitutional duty of the President to
+exercise his discretion and judgment upon all bills presented to him
+without constraint or duress from any other branch of the Government.
+To say that a majority of either or both of the Houses of Congress may
+insist upon the approval of a bill under the penalty of stopping all
+of the operations of the Government for want of the necessary supplies
+is to deny to the Executive that share of the legislative power which
+is plainly conferred by the second section of the seventh article
+of the Constitution. It strikes from the Constitution the qualified
+negative of the President. It is said that this should be done
+because it is the peculiar function of the House of Representatives to
+represent the will of the people. But no single branch or department
+of the Government has exclusive authority to speak for the American
+people. The most authentic and solemn expression of their will
+is contained in the Constitution of the United States. By that
+Constitution they have ordained and established a Government whose
+powers are distributed among coordinate branches, which, as far as
+possible consistently with a harmonious cooperation, are absolutely
+independent of each other. The people of this country are unwilling to
+see the supremacy of the Constitution replaced by the omnipotence of
+any one department of the Government.
+
+The enactment of this bill into a law will establish a precedent which
+will tend to destroy the equal independence of the several branches
+of the Government. Its principle places not merely the Senate and the
+Executive, but the judiciary also, under the coercive dictation of
+the House. The House alone will be the judge of what constitutes a
+grievance, and also of the means and measure of redress. An act of
+Congress to protect elections is now the grievance complained of; but
+the House may on the same principle determine that any other act of
+Congress, a treaty made by the President with the advice and consent
+of the Senate, a nomination or appointment to office, or that a
+decision or opinion of the Supreme Court is a grievance, and that the
+measure of redress is to withhold the appropriations required for the
+support of the offending branch of the Government.
+
+Believing that this bill is a dangerous violation of the spirit and
+meaning of the Constitution, I am compelled to return it to the House
+in which it originated without my approval. The qualified negative
+with which the Constitution invests the President is a trust that
+involves a duty which he can not decline to perform. With a firm and
+conscientious purpose to do what I can to preserve unimpaired the
+constitutional powers and equal independence, not merely of the
+Executive, but of every branch of the Government, which will be
+imperiled by the adoption of the principle of this bill, I desire
+earnestly to urge upon the House of Representatives a return to the
+wise and wholesome usage of the earlier days of the Republic, which
+excluded from appropriation bills all irrelevant legislation. By
+this course you will inaugurate an important reform in the method of
+Congressional legislation; your action will be in harmony with the
+fundamental principles of the Constitution and the patriotic sentiment
+of nationality which is their firm support, and you will restore to
+the country that feeling of confidence and security and the
+repose which are so essential to the prosperity of all of our
+fellow-citizens.
+
+RUTHERFORD B. HAYES.
+
+
+
+_To the House of Representatives_:
+
+After a careful consideration of the bill entitled "An act to prohibit
+military interference at elections," I return it to the House of
+Representatives, in which it originated, with the following objections
+to its approval:
+
+In the communication sent to the House of Representatives on the 29th
+of last month, returning to the House without my approval the bill
+entitled "An act making appropriations for the support of the Army
+for the fiscal year ending June 30, 1880, and for other purposes,"
+I endeavored to show, by quotations from the statutes of the United
+States now in force and by a brief statement of facts in regard to
+recent elections in the several States, that no additional legislation
+was necessary to prevent interference with the elections by the
+military or naval forces of the United States. The fact was presented
+in that communication that at the time of the passage of the act of
+June 18, 1878, in relation to the employment of the Army as a _posse
+comitatus_ or otherwise, it was maintained by its friends that it
+would establish a vital and fundamental principle which would secure,
+to the people protection against a standing army. The fact was also
+referred to that since the passage of this act Congressional, State,
+and municipal elections have been held throughout the Union, and
+that in no instance has complaint been made of the presence of United
+States soldiers at the polls.
+
+Holding, as I do, the opinion that any military interference whatever
+at the polls is contrary to the spirit of our institutions and would
+tend to destroy the freedom of elections, and sincerely desiring to
+concur with Congress in all of its measures, it is with very great
+regret that I am forced to the conclusion that the bill before me is
+not only unnecessary to prevent such interference, but is a dangerous
+departure from long-settled and important constitutional principles.
+
+The true rule as to the employment of military force at the elections
+is not doubtful. No intimidation or coercion should be allowed to
+control or influence citizens in the exercise of their right to vote,
+whether it appears in the shape of combinations of evil-disposed
+persons, or of armed bodies of the militia of a State, or of the
+military force of the United States.
+
+The elections should be free from all forcible interference, and, as
+far as practicable, from all apprehensions of such interference.
+No soldiers, either of the Union or of the State militia, should be
+present at the polls to take the place or to perform the duties of the
+ordinary civil police force. There has been and will be no violation
+of this rule under orders from me during this Administration; but
+there should be no denial of the right of the National Government to
+employ its military force on any day and at any place in case such
+employment is necessary to enforce the Constitution and laws of the
+United States.
+
+The bill before me is as follows:
+
+ _Be it enacted, etc._, That it shall not be lawful to bring to
+ or employ at any place where a general or special election
+ is being held in a State any part of the Army or Navy of the
+ United States, unless such force be necessary to repel the
+ armed enemies of the United States or to enforce section 4,
+ Article IV, of the Constitution of the United States and
+ the laws made in pursuance thereof, on application of the
+ legislature or executive of the State where such force is to
+ be used; and so much of all laws as is inconsistent herewith
+ is hereby repealed.
+
+
+It will be observed that the bill exempts from the general prohibition
+against the employment of military force at the polls two specified
+cases. These exceptions recognize and concede the soundness of the
+principle that military force may properly and constitutionally be
+used at the place of elections when such use is necessary to enforce
+the Constitution and the laws; but the excepted cases leave the
+prohibition so extensive and far-reaching that its adoption will
+seriously impair the efficiency of the executive department of the
+Government.
+
+The first act expressly authorizing the use of military power to
+execute the laws was passed almost as early as the organization of
+the Government under the Constitution, and was approved by President
+Washington May 2, 1792. It is as follows:
+
+ SEC. 2. _And be it further enacted_, That whenever the laws
+ of the United States shall be opposed or the execution thereof
+ obstructed in any State by combinations too powerful to be
+ suppressed by the ordinary course of judicial proceedings or
+ by the powers vested in the marshals by this act, the same
+ being notified to the President of the United States by an
+ associate justice or the district judge, it shall be lawful
+ for the President of the United States to call forth the
+ militia of such State to suppress such combinations and to
+ cause the laws to be duly executed. And if the militia of a
+ State where such combination may happen shall refuse or be
+ insufficient to suppress the same, it shall be lawful for the
+ President, if the Legislature of the United States be not in
+ session, to call forth and employ such numbers of the militia
+ of any other State or States most convenient thereto as may be
+ necessary; and the use of militia so to be called forth may be
+ continued, if necessary, until the expiration of thirty days
+ after the commencement of the ensuing session.
+
+
+In 1795 this provision was substantially reenacted in a law which
+repealed the act of 1792. In 1807 the following act became the law by
+the approval of President Jefferson:
+
+ That in all cases of insurrection or obstruction to the laws,
+ either of the United States or of any individual State or
+ Territory, where it is lawful for the President of the
+ United States to call forth the militia for the purpose of
+ suppressing such insurrection or of causing the laws to be
+ duly executed, it shall be lawful for him to employ for the
+ same purposes such part of the land or naval force of the
+ United States as shall be judged necessary, having first
+ observed all the prerequisites of the law in that respect.
+
+
+By this act it will be seen that the scope of the law of 1795 was
+extended so as to authorize the National Government to use not only
+the militia, but the Army and Navy of the United States, in "causing
+the laws to be duly executed."
+
+The important provision of the acts of 1792, 1795, and 1807, modified
+in its terms from time to time to adapt it to the existing emergency,
+remained in force until, by an act approved by President Lincoln July
+29, 1861, it was reenacted substantially in the same language in which
+it is now found in the Revised Statutes, viz:
+
+ SEC. 5298. Whenever, by reason of unlawful obstructions,
+ combinations, or assemblages of persons, or rebellion against
+ the authority of the Government of the United States, it shall
+ become impracticable, in the judgment of the President, to
+ enforce by the ordinary course of judicial proceedings the
+ laws of the United States within any State or Territory, it
+ shall be lawful for the President to call forth the militia of
+ any or all the States and to employ such parts of the land and
+ naval forces of the United States as he may deem necessary
+ to enforce the faithful execution of the laws of the United
+ States or to suppress such rebellion, in whatever State
+ or Territory thereof the laws of the United States may be
+ forcibly opposed or the execution thereof forcibly obstructed.
+
+
+This ancient and fundamental law has been in force from the foundation
+of the Government. It is now proposed to abrogate it on certain days
+and at certain places. In my judgment no fact has been produced which
+tends to show that it ought to be repealed or suspended for a single
+hour at any place in any of the States or Territories of the Union.
+All the teachings of experience in the course of our history are in
+favor of sustaining its efficiency unimpaired. On every occasion when
+the supremacy of the Constitution has been resisted and the perpetuity
+of our institutions imperiled the principle of this statute, enacted
+by the fathers, has enabled the Government of the Union to maintain
+its authority and to preserve the integrity of the nation.
+
+At the most critical periods of our history my predecessors in the
+executive office have relied on this great principle. It was on this
+principle that President Washington suppressed the whisky rebellion in
+Pennsylvania in 1794.
+
+In 1806, on the same principle, President Jefferson broke up the Burr
+conspiracy by issuing "orders for the employment of such force, either
+of the regulars or of the militia, and by such proceedings of the
+civil authorities, * * * as might enable them to suppress effectually
+the further progress of the enterprise." And it was under the same
+authority that President Jackson crushed nullification in South
+Carolina and that President Lincoln issued his call for troops to save
+the Union in 1861. On numerous other occasions of less significance,
+under probably every Administration, and certainly under the present,
+this power has been usefully exerted to enforce the laws, without
+objection by any party in the country, and almost without attracting
+public attention.
+
+The great elementary constitutional principle which was the foundation
+of the original statute of 1792, and which has been its essence in
+the various forms it has assumed since its first adoption, is that the
+Government of the United States possesses under the Constitution,
+in full measure, the power of self-protection by its own agencies,
+altogether independent of State authority, and, if need be, against
+the hostility of State governments. It should remain embodied in
+our statutes unimpaired, as it has been from the very origin of the
+Government. It should be regarded as hardly less valuable or less
+sacred than a provision of the Constitution itself.
+
+There are many other important statutes containing provisions that are
+liable to be suspended or annulled at the times and places of
+holding elections if the bill before me should become a law. I do not
+undertake to furnish a list of them. Many of them--perhaps the most of
+them--have been set forth in the debates on this measure. They relate
+to extradition, to crimes against the election laws, to quarantine
+regulations, to neutrality, to Indian reservations, to the civil
+rights of citizens, and to other subjects. In regard to them all it
+may be safely said that the meaning and effect of this bill is to take
+from the General Government an important part of its power to enforce
+the laws.
+
+Another grave objection to the bill is its discrimination in favor
+of the State and against the national authority. The presence or
+employment of the Army or Navy of the United States is lawful under
+the terms of this bill at the place where an election is being held in
+a State to uphold the authority of a State government then and there
+in need of such military intervention, but unlawful to uphold the
+authority of the Government of the United States then and there in
+need of such military intervention. Under this bill the presence or
+employment of the Army or Navy of the United States would be lawful
+and might be necessary to maintain the conduct of a State election
+against the domestic violence that would overthrow it, but would be
+unlawful to maintain the conduct of a national election against the
+same local violence that would overthrow it. This discrimination has
+never been attempted in any previous legislation by Congress, and is
+no more compatible with sound principles of the Constitution or the
+necessary maxims and methods of our system of government on occasions
+of elections than at other times. In the early legislation of 1792
+and of 1795, by which the militia of the States was the only military
+power resorted to for the execution of the constitutional powers
+in support of State or national authority, both functions of the
+Government were put upon the same footing. By the act of 1807 the
+employment of the Army and Navy was authorized for the performance of
+both constitutional duties in the same terms.
+
+In all later statutes on the same subject-matter the same measure of
+authority to the Government has been accorded for the performance
+of both these duties. No precedent has been found in any previous
+legislation, and no sufficient reason has been given for the
+discrimination in favor of the State and against the national
+authority which this bill contains.
+
+Under the sweeping terms of the bill the National Government is
+effectually shut out from the exercise of the right and from the
+discharge of the imperative duty to use its whole executive power
+whenever and wherever required for the enforcement of its laws at the
+places and times when and where its elections are held. The employment
+of its organized armed forces for any such purpose would be an offense
+against the law unless called for by, and therefore upon permission
+of, the authorities of the State in which the occasion arises. What is
+this but the substitution of the discretion of the State governments
+for the discretion of the Government of the United States as to the
+performance of its own duties? In my judgment this is an abandonment
+of its obligations by the National Government--a subordination of
+national authority and an intrusion of State supervision over national
+duties which amounts, in spirit and tendency, to State supremacy.
+
+Though I believe that the existing statutes are abundantly adequate
+to completely prevent military interference with the elections in the
+sense in which the phrase is used in the title of this bill and is
+employed by the people of this country, I shall find no difficulty in
+concurring in any additional legislation limited to that object which
+does not interfere with the indispensable exercise of the powers of
+the Government under the Constitution and laws.
+
+R.B. HAYES.
+
+MAY 12, 1879.
+
+
+
+EXECUTIVE MANSION, _May 29, 1879_.
+
+_To the House of Representatives_:
+
+After mature consideration of the bill entitled "An act making
+appropriations for the legislative, executive, and judicial expenses
+of the Government for the fiscal year ending June 30, 1880, and for
+other purposes," I herewith return it to the House of Representatives,
+in which it originated, with the following objections to its approval:
+
+The main purpose of the bill is to appropriate the money required to
+support during the next fiscal year the several civil departments
+of the Government. The amount appropriated exceeds in the aggregate
+$18,000,000.
+
+This money is needed to keep in operation the essential functions of
+all the great departments of the Government--legislative, executive,
+and judicial. If the bill contained no other provisions, no objection
+to its approval would be made. It embraces, however, a number of
+clauses, relating to subjects of great general interest, which are
+wholly unconnected with the appropriations which it provides for.
+The objections to the practice of tacking general legislation to
+appropriation bills, especially when the object is to deprive a
+coordinate branch of the Government of its right to the free exercise
+of its own discretion and judgment touching such general legislation,
+were set forth in the special message in relation to House bill No. 1,
+which was returned to the House of Representatives on the 29th of last
+month. I regret that the objections which were then expressed to this
+method of legislation have not seemed to Congress of sufficient weight
+to dissuade from this renewed incorporation of general enactments in
+an appropriation bill, and that my constitutional duty in respect of
+the general legislation thus placed before me can not be
+discharged without seeming to delay, however briefly, the necessary
+appropriations by Congress for the support of the Government. Without
+repeating these objections, I respectfully refer to that message for
+a statement of my views on the principle maintained in debate by the
+advocates of this bill, viz, that "to withhold appropriations is a
+constitutional means for the redress" of what the majority of the
+House of Representatives may regard as "a grievance."
+
+The bill contains the following clauses, viz:
+
+ _And provided further_, That the following sections of the
+ Revised Statutes of the United States, namely, sections 2016,
+ 2018, and 2020, and all of the succeeding sections of said
+ statutes down to and including section 2027, and also section
+ 5522, be, and the same are hereby, repealed; * * * and that
+ all the other sections of the Revised Statutes, and all
+ laws and parts of laws authorizing the appointment of
+ chief supervisors of elections, special deputy marshals of
+ elections, or general deputy marshals having any duties to
+ perform in respect to any election, and prescribing their
+ duties and powers and allowing them compensation, be, and the
+ same are hereby, repealed.
+
+
+It also contains clauses amending sections 2017, 2019, 2028, and 2031
+of the Revised Statutes.
+
+The sections of the Revised Statutes which the bill, if approved,
+would repeal or amend are part of an act approved May 30, 1870, and
+amended February 28, 1871, entitled "An act to enforce the rights of
+citizens of the United States to vote in the several States of
+this Union, and for other purposes." All of the provisions of the
+above-named acts which it is proposed in this bill to repeal or modify
+relate to the Congressional elections. The remaining portion of the
+law, which will continue in force after the enactment of this measure,
+is that which provides for the appointment, by a judge of the circuit
+court of the United States, of two supervisors of election in each
+election district at any Congressional election, on due application
+of citizens who desire, in the language of the law, "to have such
+election _guarded_ and _scrutinized_." The duties of the supervisors
+will be to attend at the polls at all Congressional elections, and
+to remain after the polls are open until every vote cast has been
+counted; but they will "have no authority to make arrests or to
+perform other duties than to be in the immediate presence of the
+officers holding the election and to witness all their proceedings,
+including the counting of the votes and the making of a return
+thereof." The part of the election law which will be repealed by the
+approval of this bill includes those sections which give authority
+to the supervisors of elections "to personally scrutinize, count, and
+canvass each ballot," and all the sections which confer authority upon
+the United States marshals and deputy marshals in connection with the
+Congressional elections. The enactment of this bill will also repeal
+section 5522 of the criminal statutes of the United States, which was
+enacted for the protection of United States officers engaged in the
+discharge of their duties at the Congressional elections. This section
+protects supervisors and marshals in the performance of their duties
+by making the obstruction or the assaulting of these officers, or
+any interference with them, by bribery or solicitation or otherwise,
+crimes against the United States.
+
+The true meaning and effect of the proposed legislation are plain. The
+supervisors, with the authority to observe and witness the proceedings
+at the Congressional elections, will be left, but there will be no
+power to protect them, or to prevent interference with their duties,
+or to punish any violation of the law from which their powers are
+derived. If this bill is approved, only the shadow of the authority of
+the United States at the national elections will remain; the substance
+will be gone. The supervision of the elections will be reduced to a
+mere inspection, without authority on the part of the supervisors to
+do any act whatever to make the election a fair one. All that will be
+left to the supervisors is the permission to have such oversight of
+the elections as political parties are in the habit of exercising
+without any authority of law, in order to prevent their opponents from
+obtaining unfair advantages. The object of the bill is to destroy
+any control whatever by the United States over the Congressional
+elections.
+
+The passage of this bill has been urged upon the ground that the
+election of members of Congress is a matter which concerns the States
+alone; that these elections should be controlled exclusively by
+the States; that there are and can be no such elections as national
+elections, and that the existing law of the United States regulating
+the Congressional elections is without warrant in the Constitution.
+
+It is evident, however, that the framers of the Constitution regarded
+the election of members of Congress in every State and in every
+district as in a very important sense justly a matter of political
+interest and concern to the whole country. The original provision of
+the Constitution on this subject is as follows (sec. 4, Art. I):
+
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+
+
+A further provision has been since added, which is embraced in the
+fifteenth amendment. It is as follows:
+
+ SEC. 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.
+
+
+Under the general provision of the Constitution (sec. 4, Art. I)
+Congress in 1866 passed a comprehensive law which prescribed full and
+detailed regulations for the election of Senators by the legislatures
+of the several States. This law has been in force almost thirteen
+years. In pursuance of it all the members of the present Senate of the
+United States hold their seats. Its constitutionality is not called
+in question. It is confidently believed that no sound argument can
+be made in support of the constitutionality of national regulation of
+Senatorial elections which will not show that the elections of members
+of the House of Representatives may also be constitutionally regulated
+by the national authority.
+
+The bill before me itself recognizes the principle that the
+Congressional elections are not State elections, but national
+elections. It leaves in full force the existing statute under which
+supervisors are still to be appointed by national authority to
+"observe and witness" the Congressional elections whenever due
+application is made by citizens who desire said elections to be
+"guarded and scrutinized." If the power to supervise in any respect
+whatever the Congressional elections exists under section 4, Article
+I, of the Constitution, it is a power which, like every other power
+belonging to the Government of the United States, is paramount and
+supreme, and includes the right to employ the necessary means to carry
+it into effect.
+
+The statutes of the United States which regulate the election of
+members of the House of Representatives, an essential part of which
+it is proposed to repeal by this bill, have been in force about eight
+years. Four Congressional elections have been held under them, two of
+which were at the Presidential elections of 1872 and 1876. Numerous
+prosecutions, trials, and convictions have been had in the courts of
+the United States in all parts of the Union for violations of these
+laws. In no reported case has their constitutionality been called in
+question by any judge of the courts of the United States. The validity
+of these laws is sustained by the uniform course of judicial action
+and opinion.
+
+If it is urged that the United States election laws are not necessary,
+an ample reply is furnished by the history of their origin and of
+their results. They were especially prompted by the investigation and
+exposure of the frauds committed in the city and State of New York
+at the elections of 1868. Committees representing both of the leading
+political parties of the country have submitted reports to the House
+of Representatives on the extent of those frauds. A committee of the
+Fortieth Congress, after a full investigation, reached the conclusion
+that the number of fraudulent votes cast in the city of New York alone
+in 1868 was not less than 25,000. A committee of the Forty-fourth
+Congress in their report, submitted in 1877, adopted the opinion that
+for every 100 actual voters of the city of New York in 1868 108 votes
+were cast, when in fact the number of lawful votes cast could not
+have exceeded 88 per cent of the actual voters of the city. By this
+statement the number of fraudulent votes at that election in the city
+of New York alone was between thirty and forty thousand. These frauds
+completely reversed the result of the election in the State of New
+York, both as to the choice of governor and State officers and as to
+the choice of electors of President and Vice-President of the United
+States. They attracted the attention of the whole country. It was
+plain that if they could be continued and repeated with impunity free
+government was impossible. A distinguished Senator, in opposing the
+passage of the election laws, declared that he had "for a long time
+believed that our form of government was a comparative failure in the
+larger cities." To meet these evils and to prevent these crimes the
+United States laws regulating Congressional elections were enacted.
+
+The framers of these laws have not been disappointed in their results.
+In the large cities, under their provisions, the elections have been
+comparatively peaceable, orderly, and honest. Even the opponents of
+these laws have borne testimony to their value and efficiency and to
+the necessity for their enactment. The committee of the Forty-fourth
+Congress, composed of members a majority of whom were opposed to these
+laws, in their report on the New York election of 1876, said:
+
+ The committee would commend to other portions of the country
+ and to other cities this remarkable system, developed through
+ the agency of both local and Federal authorities acting in
+ harmony for an honest purpose. In no portion of the world and
+ in no era of time where there has been an expression of the
+ popular will through the forms of law has there been a more
+ complete and thorough illustration of republican institutions.
+ Whatever may have been the previous habit or conduct of
+ elections in those cities, or howsoever they may conduct
+ themselves in the future, this election of 1876 will stand as
+ a monument of what good faith, honest endeavor, legal forms,
+ and just authority may do for the protection of the electoral
+ franchise.
+
+
+This bill recognizes the authority and duty of the United States
+to appoint supervisors to guard and scrutinize the Congressional
+elections, but it denies to the Government of the United States all
+power to make its supervision effectual. The great body of the people
+of all parties want free and fair elections. They do not think that
+a free election means freedom from the wholesome restraints of law or
+that the place of election should be a sanctuary for lawlessness
+and crime. On the day of an election peace and good order are more
+necessary than on any other day of the year. On that day the humblest
+and feeblest citizens, the aged and the infirm, should be, and should
+have reason to feel that they are, safe in the exercise of their
+most responsible duty and their most sacred right as members of
+society--their duty and their right to vote. The constitutional
+authority to regulate the Congressional elections which belongs to the
+Government of the United States, and which it is necessary to exert
+to secure the right to vote to every citizen possessing the requisite
+qualifications, ought to be enforced by appropriate legislation.
+So far from public opinion in any part of the country favoring any
+relaxation of the authority of the Government in the protection of
+elections from violence and corruption, I believe it demands greater
+vigor both in the enactment and in the execution of the laws framed
+for that purpose. Any oppression, any partisan partiality, which
+experience may have shown in the working of existing laws may well
+engage the careful attention both of Congress and of the Executive,
+in their respective spheres of duty, for the correction of these
+mischiefs. As no Congressional elections occur until after the regular
+session of Congress will have been held, there seems to be no public
+exigency that would preclude a seasonable consideration at that
+session of any administrative details that might improve the present
+methods designed for the protection of all citizens in the complete
+and equal exercise of the right and power of the suffrage at such
+elections. But with my views, both of the constitutionality and of the
+value of the existing laws, I can not approve any measure for their
+repeal except in connection with the enactment of other legislation
+which may reasonably be expected to afford wiser and more efficient
+safeguards for free and honest Congressional elections.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 23, 1879_.
+
+_To the House of Representatives_:
+
+After careful examination of the bill entitled "An act making
+appropriations for certain judicial expenses," I return it herewith
+to the House of Representatives, in which it originated, with the
+following objections to its approval:
+
+The general purpose of the bill is to provide for certain judicial
+expenses of the Government for the fiscal year ending June 30, 1880,
+for which the sum of $2,690,000 is appropriated. These appropriations
+are required to keep in operation the general functions of the
+judicial department of the Government, and if this part of the bill
+stood alone there would be no objection to its approval. It contains,
+however, other provisions, to which I desire respectfully to ask your
+attention.
+
+At the present session of Congress a majority of both Houses, favoring
+a repeal of the Congressional election laws embraced in title 26 of
+the Revised Statutes, passed a measure for that purpose, as part of
+a bill entitled "An act making appropriations for the legislative,
+executive, and judicial expenses of the Government for the fiscal year
+ending June 30, 1880, and for other purposes." Unable to concur with
+Congress in that measure, on the 29th of May last I returned the bill
+to the House of Representatives, in which it originated, without my
+approval, for that further consideration for which the Constitution
+provides. On reconsideration the bill was approved by less than
+two-thirds of the House, and failed to become a law. The election laws
+therefore remain valid enactments, and the supreme law of the land,
+binding not only upon all private citizens, but also alike and equally
+binding upon all who are charged with the duties and responsibilities
+of the legislative, the executive, and the judicial departments of the
+Government.
+
+It is not sought by the bill before me to repeal the election laws.
+Its object is to defeat their enforcement. The last clause of the
+first section is as follows:
+
+ And no part of the money hereby appropriated is appropriated
+ to pay any salaries, compensation, fees, or expenses under
+ or in virtue of title 26 of the Revised Statutes, or of any
+ provision of said title.
+
+
+Title 26 of the Revised Statutes, referred to in the foregoing clause,
+relates to the elective franchise, and contains the laws now in force
+regulating the Congressional elections.
+
+The second section of the bill reaches much further. It is as follows:
+
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 of the Revised Statutes of the United
+ States authorizing the appointment or payment of general
+ or special deputy marshals for service in connection with
+ elections or on election day until an appropriation sufficient
+ to meet such contract or pay such liability shall have first
+ been made by law.
+
+
+This section of the bill is intended to make an extensive and
+essential change in the existing laws. The following are the
+provisions of the statutes on the same subject which are now in force:
+
+ SEC. 3679. 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.
+
+ SEC. 3732. 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.
+
+
+The object of these sections of the Revised Statutes is plain. It is,
+first, to prevent any money from being expended unless appropriations
+have been made therefor, and, second, to prevent the Government from
+being bound by any contract not previously authorized by law, except
+for certain necessary purposes in the War and Navy Departments.
+
+Under the existing laws the failure of Congress to make the
+appropriations required for the execution of the provisions of the
+election laws would not prevent their enforcement. The right and duty
+to appoint the general and special deputy marshals which they provide
+for would still remain, and the executive department of the Government
+would also be empowered to incur the requisite liability for
+their compensation. But the second section of this bill contains a
+prohibition not found in any previous legislation. Its design is to
+render the election laws inoperative and a dead letter during the
+next fiscal year. It is sought to accomplish this by omitting to
+appropriate money for their enforcement and by expressly prohibiting
+any Department or officer of the Government from incurring any
+liability under any of the provisions of title 26 of the Revised
+Statutes authorizing the appointment or payment of general or special
+deputy marshals for service on election days until an appropriation
+sufficient to pay such liability shall have first been made.
+
+The President is called upon to give his affirmative approval to
+positive enactments which in effect deprive him of the ordinary and
+necessary means of executing laws still left in the statute book
+and embraced within his constitutional duty to see that the laws are
+executed. If he approves the bill, and thus gives to such positive
+enactments the authority of law, he participates in the curtailment
+of his means of seeing that the law is faithfully executed, while
+the obligation of the law and of his constitutional duty remains
+unimpaired.
+
+The appointment of special deputy marshals is not made by the statute
+a spontaneous act of authority on the part of any executive or
+judicial officer of the Government, but is accorded as a popular right
+of the citizens to call into operation this agency for securing the
+purity and freedom of elections in any city or town having 20,000
+inhabitants or upward. Section 2021 of the Revised Statutes puts it in
+the power of any two citizens of such city or town to require of
+the marshal of the district the appointment of these special deputy
+marshals. Thereupon the duty of the marshal becomes imperative, and
+its nonperformance would expose him to judicial mandate or punishment
+or to removal from office by the President, as the circumstances of
+his conduct might require. The bill now before me neither revokes this
+popular right of the citizens, nor relieves the marshal of the duty
+imposed by law, nor the President of his duty to see that this law is
+faithfully executed.
+
+I forbear to enter again upon any general discussion of the wisdom
+and necessity of the election laws or of the dangerous and
+unconstitutional principle of this bill--that the power vested in
+Congress to originate appropriations involves the right to compel the
+Executive to approve any legislation which Congress may see fit to
+attach to such bills, under the penalty of refusing the means needed
+to carry on essential functions of the Government. My views on these
+subjects have been sufficiently presented in the special messages sent
+by me to the House of Representatives during their present session.
+What was said in those messages I regard as conclusive as to my
+duty in respect to the bill before me. The arguments urged in those
+communications against the repeal of the election laws and against
+the right of Congress to deprive the Executive of that separate and
+independent discretion and judgment which the Constitution confers and
+requires are equally cogent in opposition to this bill. This
+measure leaves the powers and duties of the supervisors of elections
+untouched. The compensation of those officers is provided for under
+permanent laws, and no liability for which an appropriation is now
+required would therefore be incurred by their appointment. But the
+power of the National Government to protect them in the discharge of
+their duty at the polls would be taken away. The States may employ
+both civil and military power at the elections, but by this bill even
+the civil authority to protect Congressional elections is denied to
+the United States. The object is to prevent any adequate control
+by the United States over the national elections by forbidding
+the payment of deputy marshals, the officers who are clothed with
+authority to enforce the election laws.
+
+The fact that these laws are deemed objectionable by a majority of
+both Houses of Congress is urged as a sufficient warrant for this
+legislation.
+
+There are two lawful ways to overturn legislative enactments. One
+is their repeal; the other is the decision of a competent tribunal
+against their validity. The effect of this bill is to deprive the
+executive department of the Government of the means to execute laws
+which are not repealed, which have not been declared invalid, and
+which it is therefore the duty of the executive and of every other
+department of Government to obey and to enforce.
+
+I have in my former message on this subject expressed a willingness
+to concur in suitable amendments for the improvement of the election
+laws; but I can not consent to their absolute and entire repeal, and I
+can not approve legislation which seeks to prevent their enforcement.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 27, 1879_.
+
+_To the Senate of the United States_:
+
+I return without approval Senate bill No. 595,[28] with the following
+objection to its becoming a law:
+
+Doubts have arisen upon consideration of the bill as to whether Major
+Collins will be required under it to refund to the United States the
+pay and allowances received by him at the time he was mustered out of
+the service. Believing that it was not the intention of Congress to
+require such repayment, the bill is returned without my signature to
+the House in which it originated.
+
+R.B. HAYES.
+
+[Footnote 28: "An act to amend 'An act for the relief of Joseph B.
+Collins, approved March 3, 1879.'"]
+
+
+
+EXECUTIVE MANSION, _June 30, 1879_.
+
+_To the House of Representatives_:
+
+I return to the House of Representatives, in which it originated,
+the bill entitled "An act making appropriations to pay fees of United
+States marshals and their general deputies," with the following
+objections to its becoming a law:
+
+The bill appropriates the sum of $600,000 for the payment during the
+fiscal year ending June 30, 1880, of United States marshals and their
+general deputies. The offices thus provided for are essential to the
+faithful execution of the laws. They were created and their powers and
+duties defined by Congress at its first session after the adoption of
+the Constitution in the judiciary act which was approved September
+24, 1789. Their general duties, as defined in the act which originally
+established them, were substantially the same as those prescribed in
+the statutes now in force.
+
+The principal provision on the subject in the Revised Statutes is as
+follows:
+
+ SEC. 787. It shall be the duty of the marshal of each district
+ to attend the district and circuit courts when sitting
+ therein, and to execute throughout the district all lawful
+ precepts directed to him and issued under the authority of
+ the United States; and he shall have power to command all
+ necessary assistance in the execution of his duty.
+
+
+The original act was amended February 28, 1795, and the amendment is
+now found in the Revised Statutes in the following form:
+
+ SEC. 788. The marshals and their deputies shall have in each
+ State the same powers in executing the laws of the United
+ States as the sheriffs and their deputies in such State may
+ have by law in executing the laws thereof.
+
+
+By subsequent statutes additional duties have been from time to time
+imposed upon the marshals and their deputies, the due and regular
+performance of which are required for the efficiency of almost every
+branch of the public service. Without these officers there would be
+no means of executing the warrants, decrees, or other process of
+the courts, and the judicial system of the country would be fatally
+defective. The criminal jurisdiction of the courts of the United
+States is very extensive. The crimes committed within the maritime
+jurisdiction of the United States are all cognizable only in the
+courts of the United States. Crimes against public justice; crimes
+against the operations of the Government, such as forging or
+counterfeiting the money or securities of the United States; crimes
+against the postal laws; offenses against the elective franchise,
+against the civil rights of citizens, against the existence of the
+Government; crimes against the internal-revenue laws, the customs
+laws, the neutrality laws; crimes against laws for the protection of
+Indians and of the public lands--all of these crimes and many others
+can be punished only under United States laws, laws which, taken
+together, constitute a body of jurisprudence which is vital to the
+welfare of the whole country, and which can be enforced only by means
+of the marshals and deputy marshals of the United States. In the
+District of Columbia all of the process of the courts is executed by
+the officers in question. In short, the execution of the criminal laws
+of the United States, the service of all civil process in cases in
+which the United States is a party, and the execution of the revenue
+laws, the neutrality laws, and many other laws of large importance
+depend on the maintenance of the marshals and their deputies. They are
+in effect the only police of the United States Government. Officers
+with corresponding powers and duties are found in every State of the
+Union and in every country which has a jurisprudence which is worthy
+of the name. To deprive the National Government of these officers
+would be as disastrous to society as to abolish the sheriffs,
+constables, and police officers in the several States. It would be a
+denial to the United States of the right to execute its laws--a
+denial of all authority which requires the use of civil force. The law
+entitles these officers to be paid. The funds needed for the purpose
+have been collected from the people and are now in the Treasury. No
+objection is, therefore, made to that part of the bill before me which
+appropriates money for the support of the marshals and deputy marshals
+of the United States.
+
+The bill contains, however, other provisions which are identical in
+tenor and effect with the second section of the bill entitled "An act
+making appropriations for certain judicial expenses," which on the 23d
+of the present month was returned to the House of Representatives
+with my objections to its approval. The provisions referred to are as
+follows:
+
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 mentioned in section 1 of this act
+ until an appropriation sufficient to meet such contract or pay
+ such liability shall have first been made by law.
+
+
+Upon a reconsideration in the House of Representatives of the bill
+which contained these provisions it lacked a constitutional majority,
+and therefore failed to become a law. In order to secure its
+enactment, the same measure is again presented for my approval,
+coupled in the bill before me with appropriations for the support of
+marshals and their deputies during the next fiscal year. The object,
+manifestly, is to place before the Executive this alternative: Either
+to allow necessary functions of the public service to be crippled
+or suspended for want of the appropriations required to keep them in
+operation, or to approve legislation which in official communications
+to Congress he has declared would be a violation of his constitutional
+duty. Thus in this bill the principle is clearly embodied that by
+virtue of the provision of the Constitution which requires that
+"all bills for raising revenue shall originate in the House of
+Representatives" a bare majority of the House of Representatives has
+the right to withhold appropriations for the support of the Government
+unless the Executive consents to approve any legislation which may
+be attached to appropriation bills. I respectfully refer to the
+communications on this subject which I have sent to Congress during
+its present session for a statement of the grounds of my conclusions,
+and desire here merely to repeat that in my judgment to establish
+the principle of this bill is to make a radical, dangerous, and
+unconstitutional change in the character of our institutions.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have within the territory and jurisdiction of the United States begun
+and set on foot preparations for an organized and forcible possession
+of and settlement upon the lands of what is known as the Indian
+Territory, west of the State of Arkansas, which Territory is
+designated, recognized, and described by the treaties and laws of the
+United States and by the executive authorities as Indian country, and
+as such is only subject to occupation by Indian tribes, officers of
+the Indian Department, military posts, and such persons as may be
+privileged to reside and trade therein under the intercourse laws of
+the United States; and
+
+Whereas those laws provide for the removal of all persons residing and
+trading therein without express permission of the Indian Department
+and agents, and also of all persons whom such agents may deem to be
+improper persons to reside in the Indian country:
+
+Now, therefore, for the purpose of properly protecting the interests
+of the Indian nations and tribes, as well as of the United States, in
+said Indian Territory, and of duly enforcing the laws governing the
+same, I, Rutherford B. Hayes, President of the United States, do
+admonish and warn all such persons so intending or preparing to remove
+upon said lands or into said Territory without permission of the
+proper agent of the Indian Department against any attempt to so remove
+or settle upon any of the lands of said Territory; and I do further
+warn and notify any and all such persons who may so offend that they
+will be speedily and immediately removed therefrom by the agent,
+according to the laws made and provided; and if necessary the aid and
+assistance of the military forces of the United States will be invoked
+to carry into proper execution the laws of the United States herein
+referred to.
+
+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 26th day of April, A.D. 1879, and
+of the Independence of the United States the one hundred and third.
+
+RUTHERFORD B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+At no recurrence of the season which the devout habit of a religious
+people has made the occasion for giving thanks to Almighty God and
+humbly invoking His continued favor has the material prosperity
+enjoyed by our whole country been more conspicuous, more manifold, or
+more universal.
+
+During the past year, also, unbroken peace with all foreign nations,
+the general prevalence of domestic tranquillity, the supremacy and
+security of the great institutions of civil and religious freedom,
+have gladdened the hearts of our people and confirmed their attachment
+to their Government, which the wisdom and courage of our ancestors so
+fitly framed and the wisdom and courage of their descendants have
+so firmly maintained to be the habitation of liberty and justice to
+successive generations.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 27th day of November instant, as a
+day of national thanksgiving and prayer; and I earnestly recommend
+that, withdrawing themselves from secular cares and labors, the people
+of the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 3d day of November, A.D. 1879,
+and of the Independence of the United States the one hundred and
+fourth.
+
+RUTHERFORD B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+[From the New-York Tribune, February 14, 1879.]
+
+EXECUTIVE MANSION, _Washington, February 4, 1879._
+
+General E.A. MERRITT.
+
+MY DEAR GENERAL: I congratulate you on your confirmation. It is a
+great gratification to me, very honorable to you, and will prove,
+I believe, of signal service to the country. My desire is that the
+office be conducted on strictly business principles, and according to
+the rules for the civil service which were recommended by the Civil
+Service Commission in the Administration of General Grant. I want
+you to be perfectly independent of mere influence from any quarter.
+Neither my recommendation, nor that of Secretary Sherman, nor of
+any member of Congress or other influential person must be specially
+regarded. Let appointments and removals be made on business principles
+and according to rules. There must be, I assume, a few places filled
+by those you personally know to be trustworthy, but restrict the area
+of patronage to the narrowest limits. Let no man be put out merely
+because he is a friend to Mr. Arthur, and no man put in merely because
+he is our friend. The good of the service should be the sole end in
+view. The best means yet presented, it seems to me, are the rules
+recommended by the Civil Service Commission. I shall issue no new
+order on the subject at present. I am glad you approve of the message,
+and I wish you to see that all that is expressed or implied in it is
+faithfully carried out.
+
+Again congratulating you, and assuring you of my entire confidence,
+I remain, sincerely,
+
+R.B. HAYES.
+
+
+Regulations to Prevent the Introduction of the "Plague" into the
+United States.
+
+TREASURY DEPARTMENT,
+ OFFICE OF THE SURGEON-GENERAL,
+ UNITED STATES MARINE HOSPITAL SERVICE,
+
+_Washington, D.C., March 3, 1879._
+
+_To Officers of the Customs Revenue, Medical Officers of the
+ Marine-Hospital Service, and others whom it may concern_:
+
+The act approved April 29, 1878, entitled "An act to prevent the
+introduction of contagious or infectious diseases into the United
+States," provides that no vessel coming from any foreign port or
+country where any contagious or infectious disease exists, nor any
+vessel conveying infected merchandise, shall enter any port of the
+United States or pass the boundary line between the United States and
+any foreign country except in such manner as may be prescribed under
+said act.
+
+Attention has been called to the prevalence of a dangerous epidemic
+disease in southern Russia known as the "plague," and its extremely
+virulent and contagious character, as manifested in the late outbreak,
+leaves no doubt that it is similar to, if not identical with, the
+"plague" which devastated the Old World in past centuries. Because,
+therefore, of the danger which attaches to rags, furs, etc., as
+carriers of infection, the following regulations are framed, under
+the direction of the Secretary of the Treasury, and subject to the
+approval of the President, for the protection of the health of the
+people of the United States against the danger referred to:
+
+Until further orders no vessel from any port of the Black Sea or the
+Sea of Azof, conveying any rags, furs, skins, hair, feathers, boxed
+or baled clothing or bedding, or any similar articles liable to convey
+infection, nor any vessel from any port of the Mediterranean or Red
+seas having on board such articles coming from southern Russia, shall
+enter any port of the United States until such articles shall have
+been removed from the vessel to open lighters or to some isolated
+locality and the vessel disinfected and thoroughly ventilated; and the
+suspected articles shall be disinfected, either by chemical agents and
+exposure to free currents of air or by burning, as shall be determined
+in each case by the Surgeon-General of the Marine-Hospital Service.
+
+The certificate of the State or municipal quarantine officer of health
+may be accepted as satisfactory evidence of compliance with these
+regulations on the part of the vessel.
+
+JNO. M. WOODWORTH,
+ _Surgeon-General United States Marine-Hospital Service._
+
+Approved:
+
+R.B. HAYES.
+
+
+
+CUSTOM-HOUSE, NEW YORK CITY,
+ _Collector's Office, February 26, 1879._
+
+Hon. JOHN SHERMAN,
+ _Secretary of the Treasury._
+
+SIR: The President, by letter of 4th instant, having requested
+that appointments and promotions in this office should be made in
+accordance with the civil-service rules of 1872, and having also made
+a similar request of the naval officer, it has been deemed best to
+make, if practicable, the same rules applicable to all the offices
+in this city included in the order of the Treasury Department dated
+August 7, 1872.
+
+With that view, and after several conferences, it has been agreed
+by the assistant treasurer, naval officer, appraiser, surveyor, and
+myself to submit the inclosed modifications of the rules of 1872, and
+should they meet approval to put in operation forthwith the rules so
+modified.
+
+I am, very respectfully,
+
+E.A. MERRITT, _Collector._
+
+
+
+[The modifications submitted with the above letter are omitted,
+and instead are inserted the following regulations, based upon said
+modifications, approved by the President March 6, 1879, and amended
+with his approval in January, 1880.]
+
+
+
+Regulations Governing Appointments and Promotions in the Customs
+Service and Subtreasury in the City of New York.
+
+I. Every application for appointment to a vacancy in the lowest grade
+of any group in the offices of the collector and the surveyor of
+customs, the naval officer, the appraiser, and the assistant treasurer
+of the United States in the city of New York must be made in the
+handwriting of the applicant to the head of the office in which
+employment is desired. It must state: (1) The position to which the
+applicant desires to be appointed;[29] (2) place and date of birth;
+(3) legal residence, and how long it has been such; (4) education; (5)
+occupation, past and present; (6) whether ever employed in the civil
+service, and, if so, when, how long, in what branch and capacity, and
+reasons for leaving the service; (7) whether ever in the Regular or
+Volunteer Army or Navy, and, if so, when and in what organization and
+capacity; (8) applicant's name in full.
+
+II. The applicant must certify to having composed and written the
+application without assistance; to the truth of the statements which
+it contains; to being a citizen of the United States, and faithful
+to the Union and the Constitution; and, if ever in the Regular or
+Volunteer Army or Navy, to having been honorably discharged.
+
+III. Every application must be accompanied by a certificate, signed by
+two trustworthy and responsible persons, well known in the community
+in which they reside, that the applicant is personally well known to
+them to be of good moral character and of temperate and industrious
+habits, and to be faithful to the Union and the Constitution of the
+United States.
+
+IV. Every application must also be accompanied by the certificate of a
+practicing physician as to the applicant's general health and physical
+capacity to perform the duties of the position to which he desires to
+be appointed: _Provided, however_, That no appointment will be made to
+any position in active outdoor service unless a surgeon of the United
+States Marine-Hospital Service shall certify that he has made a
+physical examination of the applicant and found him fit for such
+position. Such surgeon's examination may be postponed until required
+by the nominating officer.
+
+V. Applications filed previously to the adoption of these regulations
+must be renewed or perfected in accordance therewith to entitle them
+to consideration. No applications for appointment as day or night
+inspectors in the custom-house from persons under 21 years of age,
+or for other positions under these regulations from persons under 18
+years of age, will be considered. In compliance with section 1031 of
+the Treasury Regulations now in force, persons over 45 years of age
+are not eligible to any group the lowest grade of which is confined
+to persons receiving an annual salary of less than $1,800. This
+prohibition, however, shall not be applied to those who have been
+honorably discharged from the service and are otherwise qualified.
+
+VI. All applications upon their receipt will be carefully examined
+by the board of examiners, and those which do not conform in every
+particular to the foregoing requirements, and such as show that the
+applicants are manifestly not qualified for the duties of the position
+desired, will be rejected and the applicants so notified. All other
+applicants will be designated as eligible for examination, and will
+be so notified. Inasmuch as applications are to be made in writing and
+each case is to be decided upon its merits, personal importunity will
+have no weight.
+
+VII. Not less than five days prior to each examination a notification
+to appear at a time and place to be stated will be mailed to the
+eligible candidates, unless it shall be found impracticable to examine
+all of them, in which case a practicable number will be selected under
+the second regulation[30] for the civil service promulgated April 16,
+1872, and notified to appear for examination. Those not selected for
+examination will remain on the eligible list. If any person notified
+to appear shall be unable to do so on account of sickness or other
+causes, he must promptly advise the board of examiners, in person or
+by mail, of his inability to attend, and his name will remain upon
+the eligible list; but any person attending an examination will not be
+allowed to subsequently plead sickness or other disabling causes as an
+excuse for defects in examination.
+
+VIII. All candidates for appointment to positions the annual salary
+of which is $1,200 or more, who shall appear in accordance with such
+notification, will be subjected to a competitive written examination
+upon the following subjects:
+
+(1) Copying from dictation; (2) arithmetic--fundamental rules,
+fractions, proportion, percentage and interest, reduction; (3)
+elements of accounts and bookkeeping; (4) geography, history, and
+government--general questions, principally such as relate to the
+United States; (5) elements of English grammar, chiefly orthography
+and syntax; (6) writing and briefing letters; and (7) penmanship.
+
+Candidates for appointment to positions the salary of which is
+less than $1,200 will be examined in like manner upon the following
+subjects: (1) Penmanship, (2) copying; (3) elements of English
+grammar, chiefly orthography and syntax; and (4) fundamental rules of
+arithmetic.
+
+Proficiency in penmanship, orthography, and punctuation will be
+determined principally by a review of the examination papers, and as
+far as possible the examination in all the branches will be confined
+to practical exercises.
+
+In examinations for appointments to positions requiring special
+or technical knowledge such additions may be made by the board of
+examiners to the list of subjects as the nature of the case may
+require.
+
+For temporary employment to meet casual exigencies in the public
+business, or for special services as experts, appointments may be made
+without examination; but no such appointment shall be made for a term
+exceeding three months, which may be specially extended for a similar
+term only; and no such appointment shall be made to any regular or
+permanent position.
+
+IX. The various subjects of the examination may be subdivided, if
+thought desirable, into classes, and to each subject or class a
+relative weight, according to its importance in the examination, will
+be assigned by each board of examiners. The mode of ascertaining the
+result of the examination will be as follows: The degree of accuracy
+with which each question shall be answered will first be marked by the
+board on a scale of 100. The average of the marks given to the answers
+to the questions in each subject or class will next be ascertained.
+Each average will then be multiplied by the number indicating the
+relative weight of the subject or class, and the sum of the products
+will be divided by the sum of the relative weights. The quotient will
+determine the candidate's standing in the examination. Relative weight
+will be assigned not merely to the special qualifications of the
+candidates, but to their general aptitude, as shown in the course of
+examination. Candidates will be examined during office hours, and in
+no case will their examination be continued more than one day.
+
+X. The board of examiners will prepare a list of the persons examined
+in the order of their excellence, as proved by such examination,
+beginning with the highest, and will then certify to the head of the
+office the names standing at the head of such list, not exceeding
+three. When more than one appointment is to be made, the vacancies
+will be numbered, and the first three names will be certified for
+the first vacancy, the remaining two and the fourth for the second
+vacancy, the remaining two and the fifth for the third vacancy, and so
+on for the whole number of vacancies; but if, after selecting one
+of any three certified for appointment, the head of the office shall
+object to another presentation of either of the remaining names, it
+shall not be again certified.
+
+XI. The examination papers of any candidate who shall have passed a
+minimum standard of 75 per cent, but who shall fail to be appointed,
+will, if requested by the candidate, be brought into competition with
+those candidates who shall compete for vacancies of the same class
+and nature occurring within one year: _Provided, however_, That the
+candidate shall not have been specially objected to by the head of
+the office under the last preceding regulation. No candidate who upon
+examination has been marked below the minimum will be allowed to again
+compete within one year from the date of such examination, unless for
+admission to a lower group.
+
+XII. All examination papers will be filed, and will at all times be
+open to the inspection of those interested, under such restrictions as
+may be imposed by the head of the office.
+
+XIII. There shall be one examining board for all appointments
+and promotions under these rules in the offices of the collector,
+surveyor, and naval officer, which shall consist of the surveyor and
+one representative to be nominated each by the collector and the
+naval officer, and three alternates, to be nominated one each by the
+collector, the naval officer, and the surveyor: _Provided, however_,
+That in examinations for positions in the surveyor's office the
+surveyor's alternate shall act on such board. The examining boards in
+the offices of the assistant treasurer and the appraiser shall consist
+of three persons, with three alternates, to be nominated by the
+assistant treasurer and the appraiser, respectively. All nominations
+as members and alternates on the examining boards shall be submitted
+to the Secretary of the Treasury for his approval. The heads of the
+several offices shall constitute a board of revision and appeal,
+which, upon appeal from any person examined or from any member of an
+examining board, shall revise the decision of said board.
+
+XIV. Whenever the head of an office shall notify the board of
+examiners for such office that a vacancy which he desires to fill
+exists in any grade above the lowest not excepted from the rules
+and regulations for the civil service, the board will fix a time for
+holding an examination for the purpose, and at least five days before
+the same is to take place will cause a notice to be posted in a
+conspicuous place in the office, stating the grade and group of the
+vacancy, the date of the examination, and that the vacancy is to be
+filled by a competitive examination of applicants from the next lower
+grade, unless none in such lower grade be found qualified, when those
+in the next lower grade may compete, or, if there be none in any of
+the lower grades qualified, competition will be open to applicants. In
+any examination for promotion, if the competitors from the next
+lower grade shall not exceed three in number, the board may, at its
+discretion, open the competition to the next lower grade or below, as
+they may deem best; and furthermore, if such promotion would probably
+occasion vacancies requiring other promotions, the board may combine
+in one the necessary examinations for such promotions. No person who
+has been examined in any grade for promotion and failed to receive
+such promotion shall again be admitted to examination within six
+months, but in the meantime his general average, as ascertained by
+such examination, may be brought into competition, as provided in
+Regulation XI.
+
+XV. The examination will be held upon the general subjects fixed for
+examinations for admission to the lowest grade of the group and upon
+such other subjects as the general nature of the business of the
+office and the special nature of the position to be filled may seem
+to the board of examiners to require. Due weight will be given to the
+efficiency with which the several candidates shall have previously
+performed their duties in the office; but no one who shall fail to
+pass a minimum standard of 75 per cent in the written examination will
+be certified for appointment.
+
+XVI. If no applicants from within the group shall be found competent,
+an examination will be held of all who shall make application in
+accordance with the regulations governing applications for admission
+to the office, after due public notice by the head of the office. The
+examination will be conducted in accordance with the provisions for
+admission to the office, as required by the fourth rule[31] for the
+civil service promulgated December 19, 1871, but the nature of the
+examination will be the same as in any previous examination for the
+same vacancy.
+
+XVII. The list of names from which the appointment is to be made will
+be prepared and certified in the manner provided for admission to the
+lowest grade.
+
+XVIII. Persons employed in any of the offices to which these rules are
+applicable may be transferred without examination from one office to
+a grade no higher in another office, with, the consent of the heads
+of the respective offices and the approval of the Secretary of the
+Treasury.
+
+XIX. Under the provisions of rule 2[32] of August 5, 1873, and the
+operation of these regulations, the power of suspension and of
+recommendation for discharge from the service shall remain with the
+nominating officer unrestricted. If, however, in his judgment it be
+deemed advisable, he may direct any person in his department to be
+cited before the regular examining board, and such board shall examine
+into and report upon the qualifications, efficiency, and general
+fitness for the position held, or for any position in the same or a
+lower grade, of the person so cited to appear; and furthermore, any
+person in the service engaged in active outdoor duties may be cited to
+appear before a surgeon of the United States Marine-Hospital Service
+and be examined by such surgeon as to the physical abilities of such
+person to perform the duties of the position occupied or of a position
+of less exposure, if otherwise qualified.
+
+XX. The sessions of the examining boards shall not be open to the
+public, but the board of revision and appeal may select such number
+of prominent citizens as may be deemed advisable, who shall have
+free access to the examining rooms, and who shall take no part in the
+conduct of the examination, but may, by inspection and inquiry,
+assure themselves regarding its thoroughness and impartiality, and may
+publicly certify the results of their inspection.
+
+ [Seventh rule for the civil service under the Executive order
+ of April 16, 1872.[33]]
+
+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.
+
+ [Fourth regulation for the civil service under the Executive
+ order of April 16, 1872[34]]
+
+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, * * * may be
+excepted from the operation of the rules.
+
+ [Ninth rule for the civil service under the Executive order of
+ April 16, 1872. [35]]
+
+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.
+
+ [Seventh rule for the civil service under the Executive order
+ of August 5, 1873.[36]]
+
+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 maybe appointed at discretion; but
+this rule shall not apply to any appointment to a position grouped
+below the grade of assistant teller.
+
+The amendments of the New York custom-house rules seem proper.
+
+
+R.B.H.
+
+[Footnote 29: The positions for which applications may be made in the
+several offices are: Collector's and surveyor's office: (1) Inspector,
+at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3)
+weigher's clerk, at annual salary of $1,200; (4) ganger's clerk, at
+annual salary of $1,200; (5) night inspector, at a salary of $2.50 per
+day, and clerk, at an annual salary of less than $1,200.
+
+Naval office: (1) Clerk, at an annual salary of $1,200; (2) clerk, at
+an annual salary of less than $1,200.
+
+Assistant treasurer's office: (1) Clerk, at an annual salary of
+$2,000; (2) clerk, at an annual salary of $1,200; (3) clerk, at an
+annual salary of less than $1,200.
+
+Appraiser's office: (1) Examiner, at an annual salary of $1,800; (2)
+clerk, verifier, or sampler, at an annual salary of $1,200; (3) clerk,
+verifier, or sampler, at an annual salary of less than $1,200; (4)
+openers and packers, at a salary of $3 per day.]
+
+[Footnote 30: See p. 181.]
+
+[Footnote 31: See p. 158.]
+
+[Footnote 32: See p. 231.]
+
+[Footnote 33: See rule 7, promulgated December 19, 1871, p.158.]
+
+[Footnote 34: See p. 181.]
+
+[Footnote 35: See rule 9, promulgated December 19, 1871, p. 158.]
+
+[Footnote 36: See p. 232.]
+
+
+
+MARCH 6, 1879.
+
+General E.A. MERRITT,
+ _Collector of Customs, New York_
+
+SIR: Your letter of the 26th ultimo, inclosing a draft of modification
+of the civil-service rules, was duly received, and the rules have been
+considered and approved by the President. You may therefore act upon
+them.
+
+Very respectfully,
+
+JOHN SHERMAN,
+ _Secretary_.
+
+
+RULES GOVERNING APPOINTMENT AND PROMOTION IN THE NEW YORK POST-OFFICE.
+
+For the purpose of making it more certain that only persons of
+good character and adequate capacity shall be selected from among
+applicants too numerous for the postmaster to become informed of their
+individual merits by personal investigation, the following rules are
+established:
+
+1. Hereafter all applications for clerical appointment at this
+post-office must be made in accordance with a prescribed form, a copy
+of which will be furnished to each applicant.
+
+2. All appointments to clerical positions will be made to the lowest
+grade, and no applications from persons under 16 or over 25 years of
+age will be entertained.
+
+3. On receipt of an application for appointment, and before further
+action is taken in regard to it, the applicant will be referred to the
+medical officer for examination as to his physical condition, as
+being adequate for the service; and if the report is unfavorable the
+application will be rejected. Should the report be favorable, the
+application will be filed and registered in its regular order.
+
+4. Every application must be accompanied by a certificate, signed by
+not less than three nor more than five reputable citizens, stating
+the time for which each has been acquainted with the applicant,
+and testifying to his good character and reputation for integrity,
+sobriety, and industry, and to the willingness of the signers to
+furnish personally any further information they may possess concerning
+the applicant, if so requested by the postmaster or the board of
+examiners.
+
+5. Applications not properly filled out as herein required, or which
+are found to contain false statements, or which in any other manner
+show the unfitness of the applicant for employment in the post-office,
+will be rejected and the applicant notified of such rejection.
+
+6. All examination papers, with the markings showing the relative
+proficiency of the candidates, will be carefully preserved and filed.
+
+7. The names of candidates which have been on the register for
+one year without being reached for examination will be regarded as
+removed, and will not be selected for examination unless again
+placed on the register by a new application, after which they will be
+selected when reached in order.
+
+8. All applications duly received and filed shall, when reached in
+order, be referred to a board of examiners, which is hereby appointed,
+and which shall consist of the assistant postmaster, auditor, the
+general superintendents of the fourth, fifth, and sixth divisions,
+and the assistant general superintendent of the third division. The
+postmaster's private secretary shall also act as secretary of said
+board.
+
+9. When vacancies occur in the lowest grade, the board of examiners
+shall notify such number of applicants, not less than twenty, of
+those first on the register of applicants to appear for a competitive
+examination.
+
+10. The questions to be asked and answered at such examinations shall
+be such as will show the relative proficiency of the candidates,
+first, in penmanship; second, in arithmetic; third, in geography;
+fourth, in English grammar; fifth, in the history of the United States
+and in matters of a public nature, to the extent that may be required
+adequately to test general capacity or special fitness for the postal
+service.
+
+11. The board shall present to the postmaster a list of the names of
+the successful candidates in the order of their excellence, as shown
+by the examination, beginning with the highest; and the appointments
+will be made from the three highest names on the list.
+
+12. All further details in methods of examination will be left to
+the discretion of the board, but subject to the instructions of the
+postmaster, in conformity herewith.
+
+13. All vacancies that may occur in the higher grades of any
+department shall be filled by promotion from the lower grades by means
+of competitive examinations, to which shall be admitted as competitors
+such persons only as are already employed in the division in which the
+vacancy exists or in divisions having analogous duties. The questions
+in these examinations shall be restricted mainly to matters pertaining
+to the ordinary business of that department. The examinations shall be
+conducted by the general superintendent of the division to which the
+department is attached, assisted by such one or more other officers
+of the same as the postmaster may select; and they shall report the
+result to the postmaster in the manner provided in rule 11, and the
+vacancy will be filled by the promotion of some one of the three
+standing highest in the competition. But whenever the vacancy to be
+filled by promotion is that of a position requiring the exercise of
+administrative authority the board may add such questions as will test
+the degree to which the candidates possess special qualifications for
+such position.
+
+14. For positions as porters the examination will be confined to
+questions intended to test the physical ability of the candidates and
+their proficiency in reading, penmanship, and elementary arithmetic
+only.
+
+15. The postmaster reserves from the operation of the above rules for
+original Appointment and promotion positions of especial pecuniary
+trust, as well as those involving confidential relations, as private
+secretary, etc.
+
+THOMAS L. JAMES, _Postmaster_.
+
+Approved. Let these rules go into effect May 1, 1879.
+
+D.M. KEY, _Postmaster-General._
+
+
+APRIL 3, 1879.
+
+The foregoing rules are approved.
+
+R.B. HAYES.
+
+
+
+[From the Evening Star, Washington, D.C., May 28, 1879.]
+
+EXECUTIVE MANSION, _Washington, May 28, 1879_.
+
+SIR:[37] I am directed by the President to say that the several
+Departments of the Government will be closed on Friday, the 30th
+instant, in remembrance of those who fell in defense of the nation,
+and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 37: Addressed to the heads of the Executive Departments,
+etc.]
+
+
+
+TREASURY DEPARTMENT,
+ OFFICE OF THE SURGEON GENERAL,
+ UNITED STATES MARINE-HOSPITAL SERVICE,
+
+_Washington, D.C., May 31, 1879_.
+
+_To Medical Officers of the Marine-Hospital Service and others whom it
+may concern:_
+
+Official information having been received to the effect that the
+"plague" which existed in southern Russia is now almost extinct, the
+regulations issued March 3, 1879,[38] imposing certain restrictions
+upon the importation of rags, etc., into the United States, are hereby
+revoked.
+
+By order of the Secretary of the Treasury:
+
+J.B. HAMILTON,
+ _Surgeon-General United States Marine-Hospital Service_.
+
+Approved: R.B. HAYES.
+
+[Footnote 38: See pp. 549-550.]
+
+
+
+EXECUTIVE MANSION, _Washington, November 1, 1879_.
+
+The sad intelligence of the death of Zachariah Chandler, late
+Secretary of the Interior, and during so many years a Senator from the
+State of Michigan, has been communicated to the Government and to the
+country, and in proper respect to his memory I hereby order that the
+several Executive Departments be closed to public business and their
+flags and those of their dependencies throughout the country be
+displayed at half-mast on the day of his funeral.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, November 17, 1879_.
+
+DEAR SIR:[39] I am directed by the President to say that the several
+Departments of the Government will be closed on Wednesday, the 19th
+instant, to enable the employees to participate in the ceremonies
+attending the unveiling of the statue of the late General George H.
+Thomas.
+
+Very truly, yours,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 39: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 1, 1879_.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+The members of the Forty-sixth Congress have assembled in their first
+regular session under circumstances calling for mutual congratulation
+and grateful acknowledgment to the Giver of All Good for the large and
+unusual measure of national prosperity which we now enjoy.
+
+The most interesting events which have occurred in our public affairs
+since my last annual message to Congress are connected with the
+financial operations of the Government, directly affecting the
+business interests of the country. I congratulate Congress on the
+successful execution of the resumption act. At the time fixed, and
+in the manner contemplated by law, United States notes began to
+be redeemed in coin. Since the 1st of January last they have been
+promptly redeemed on presentation, and in all business transactions,
+public and private, in all parts of the country, they are received and
+paid out as the equivalent of coin. The demand upon the Treasury
+for gold and silver in exchange for United States notes has been
+comparatively small, and the voluntary deposit of coin and bullion
+in exchange for notes has been very large. The excess of the precious
+metals deposited or exchanged for United States notes over the amount
+of United States notes redeemed is about $40,000,000.
+
+The resumption of specie payments has been followed by a very great
+revival of business. With a currency equivalent in value to the
+money of the commercial world, we are enabled to enter upon an equal
+competition with other nations in trade and production. The increasing
+foreign demand for our manufactures and agricultural products has
+caused a large balance of trade in our favor, which has been paid in
+gold, from the 1st of July last to November 15, to the amount of about
+$59,000,000. Since the resumption of specie payments there has also
+been a marked and gratifying improvement of the public credit. The
+bonds of the Government bearing only 4 per cent interest have been
+sold at or above par, sufficient in amount to pay off all of the
+national debt which was redeemable under present laws. The amount of
+interest saved annually by the process of refunding the debt since
+March 1, 1877, is $14,297,177. The bonds sold were largely in small
+sums, and the number of our citizens now holding the public securities
+is much greater than ever before. The amount of the national debt
+which matures within less than two years is $792,121,700, of which
+$500,000,000 bear interest at the rate of 5 per cent, and the balance
+is in bonds bearing 6 per cent interest. It is believed that this part
+of the public debt can be refunded by the issue of 4 per cent bonds,
+and, by the reduction of interest which will thus be effected, about
+$11,000,000 can be annually saved to the Treasury. To secure this
+important reduction of interest to be paid by the United States
+further legislation is required, which it is hoped will be provided by
+Congress during its present session.
+
+The coinage of gold by the mints of the United States during the last
+fiscal year was $40,986,912. The coinage of silver dollars since
+the passage of the act for that purpose up to November 1, 1879, was
+$45,000,850, of which $12,700,344 have been issued from the Treasury
+and are now in circulation, and $32,300,506 are still in the
+possession of the Government.
+
+The pendency of the proposition for unity of action between the United
+States and the principal commercial nations of Europe to effect a
+permanent system for the equality of gold and silver in the recognized
+money of the world leads me to recommend that Congress refrain from
+new legislation on the general subject. The great revival of trade,
+internal and foreign, will supply during the coming year its own
+instructions, which may well be awaited before attempting further
+experimental measures with the coinage. I would, however, strongly
+urge upon Congress the importance of authorizing the Secretary of the
+Treasury to suspend the coinage of silver dollars upon the present
+legal ratio. The market value of the silver dollar being uniformly and
+largely less than the market value of the gold dollar, it is obviously
+impracticable to maintain them at par with each other if both are
+coined without limit. If the cheaper coin is forced into circulation,
+it will, if coined without limit, soon become the sole standard of
+value, and thus defeat the desired object, which is a currency of both
+gold and silver which shall be of equivalent value, dollar for dollar,
+with the universally recognized money of the world.
+
+The retirement from circulation of United States notes with the
+capacity of legal tender in private contracts is a step to be taken
+in our progress toward a safe and stable currency which should be
+accepted as the policy and duty of the Government and the interest
+and security of the people. It is my firm conviction that the issue of
+legal-tender paper money based wholly upon the authority and credit of
+the Government, except in extreme emergency, is without warrant in the
+Constitution and a violation of sound financial principles. The issue
+of United States notes during the late civil war with the capacity of
+legal tender between private individuals was not authorized except as
+a means of rescuing the country from imminent peril. The circulation
+of these notes as paper money for any protracted period of time after
+the accomplishment of this purpose was not contemplated by the
+framers of the law under which they were issued. They anticipated the
+redemption and withdrawal of these notes at the earliest practicable
+period consistent with the attainment of the object for which they
+were provided.
+
+The policy of the United States, steadily adhered to from the adoption
+of the Constitution, has been to avoid the creation of a national
+debt; and when, from necessity in time of war, debts have been
+created, they have been paid off, on the return of peace, as rapidly
+as possible. With this view, and for this purpose, it is recommended
+that the existing laws for the accumulation of a sinking fund
+sufficient to extinguish the public debt within a limited period
+be maintained. If any change of the objects or rates of taxation is
+deemed necessary by Congress, it is suggested that experience has
+shown that a duty can be placed on tea and coffee which will not
+enhance the price of those articles to the consumer, and which will
+add several millions of dollars annually to the Treasury.
+
+The continued deliberate violation by a large number of the prominent
+and influential citizens of the Territory of Utah of the laws of the
+United States for the prosecution and punishment of polygamy demands
+the attention of every department of the Government. This Territory
+has a population sufficient to entitle it to admission as a State,
+and the general interests of the nation, as well as the welfare of the
+citizens of the Territory, require its advance from the Territorial
+form of government to the responsibilities and privileges of a State.
+This important change will not, however, be approved by the country
+while the citizens of Utah in very considerable number uphold a
+practice which is condemned as a crime by the laws of all civilized
+communities throughout the world.
+
+The law for the suppression of this offense was enacted with great
+unanimity by Congress more than seventeen years ago, but has remained
+until recently a dead letter in the Territory of Utah, because of the
+peculiar difficulties attending its enforcement. The opinion widely
+prevailed among the citizens of Utah that the law was in contravention
+of the constitutional guaranty of religious freedom. This objection
+is now removed. The Supreme Court of the United States has decided the
+law to be within the legislative power of Congress and binding as a
+rule of action for all who reside within the Territories. There is
+no longer any reason for delay or hesitation in its enforcement.
+It should be firmly and effectively executed. If not sufficiently
+stringent in its provisions, it should be amended; and in aid of the
+purpose in view I recommend that more comprehensive and more searching
+methods for preventing as well as punishing this crime be provided. If
+necessary to secure obedience to the law, the enjoyment and exercise
+of the rights and privileges of citizenship in the Territories of the
+United States may be withheld or withdrawn from those who violate or
+oppose the enforcement of the law on this subject.
+
+The elections of the past year, though occupied only with State
+officers, have not failed to elicit in the political discussions which
+attended them all over the country new and decisive evidence of the
+deep interest which the great body of citizens take in the progress
+of the country toward a more general and complete establishment, at
+whatever cost, of universal security and freedom in the exercise of
+the elective franchise. While many topics of political concern demand
+great attention from our people, both in the sphere of national and
+State authority, I find no reason to qualify the opinion I expressed
+in my last annual message, that no temporary or administrative
+interests of government, however urgent or weighty, will ever
+displace the zeal of our people in defense of the primary rights of
+citizenship, and that the power of public opinion will override all
+political prejudices, and all sectional and State attachments in
+demanding that all over our wide territory the name and character of
+citizen of the United States shall mean one and the same thing and
+carry with them unchallenged security and respect. I earnestly appeal
+to the intelligence and patriotism of all good citizens of every part
+of the country, however much they may be divided in opinions on other
+political subjects, to unite in compelling obedience to existing laws
+aimed at the protection of the right of suffrage. I respectfully urge
+upon Congress to supply any defects in these laws which experience has
+shown and which it is within its power to remedy. I again invoke the
+cooperation of the executive and legislative authorities of the States
+in this great purpose. I am fully convinced that if the public mind
+can be set at rest on this paramount question of popular rights no
+serious obstacle will thwart or delay the complete pacification of the
+country or retard the general diffusion of prosperity.
+
+In a former message I invited the attention of Congress to the
+subject of the reformation of the civil service of the Government,
+and expressed the intention of transmitting to Congress as early as
+practicable a report upon this subject by the chairman of the Civil
+Service Commission.
+
+In view of the facts that during a considerable period the Government
+of Great Britain has been dealing with administrative problems and
+abuses in various particulars analogous to those presented in this
+country, and that in recent years the measures adopted were understood
+to have been effective and in every respect highly satisfactory, I
+thought it desirable to have fuller information upon the subject, and
+accordingly requested the chairman of the Civil Service Commission to
+make a thorough investigation for this purpose. The result has been an
+elaborate and comprehensive report.
+
+The report sets forth the history of the partisan spoils system
+in Great Britain, and of the rise and fall of the parliamentary
+patronage, and of official interference with the freedom of elections.
+It shows that after long trials of various kinds of examinations those
+which are competitive and open on equal terms to all, and which are
+carried on under the superintendence of a single commission, have,
+with great advantage, been established as conditions of admission to
+almost every official place in the subordinate administration of that
+country and of British India. The completion of the report, owing to
+the extent of the labor involved in its preparation and the omission
+of Congress to make any provision either for the compensation or the
+expenses of the Commission, has been postponed until the present time.
+It is herewith transmitted to Congress.
+
+While the reform measures of another government are of no authority
+for us, they are entitled to influence to the extent to which their
+intrinsic wisdom and their adaptation to our institutions and
+social life may commend them to our consideration. The views I have
+heretofore expressed concerning the defects and abuses in our civil
+administration remain unchanged, except in so far as an enlarged
+experience has deepened my sense of the duty both of officers and of
+the people themselves to cooperate for their removal. The grave evils
+and perils of a partisan spoils system of appointment to office and of
+office tenure are now generally recognized. In the resolutions of
+the great parties, in the reports of Departments, in the debates and
+proceedings of Congress, in the messages of Executives, the gravity of
+these evils has been pointed out and the need of their reform has been
+admitted.
+
+To command the necessary support, every measure of reform must be
+based on common right and justice, and must be compatible with the
+healthy existence of great parties, which are inevitable and essential
+in a free state.
+
+When the people have approved a policy at a national election,
+confidence on the part of the officers they have selected and of the
+advisers who, in accordance with our political institutions, should be
+consulted in the policy which it is their duty to carry into effect
+is indispensable. It is eminently proper that they should explain it
+before the people, as well as illustrate its spirit in the performance
+of their official duties.
+
+Very different considerations apply to the greater number of those who
+fill the subordinate places in the civil service. Their responsibility
+is to their superiors in official position. It is their duty to obey
+the legal instructions of those upon whom that authority is devolved,
+and their best public service consists in the discharge of their
+functions irrespective of partisan politics. Their duties are the
+same whatever party is in power and whatever policy prevails. As a
+consequence it follows that their tenure of office should not depend
+on the prevalence of any policy or the supremacy of any party, but
+should be determined by their capacity to serve the people most
+usefully quite irrespective of partisan interests. The same
+considerations that should govern the tenure should also prevail in
+the appointment, discipline, and removal of these subordinates. The
+authority of appointment and removal is not a perquisite, which may
+be used to aid a friend or reward a partisan, but is a trust, to be
+exercised in the public interest under all the sanctions which attend
+the obligation to apply the public funds only for public purposes.
+
+Every citizen has an equal right to the honor and profit of
+entering the public service of his country. The only just ground of
+discrimination is the measure of character and capacity he has to make
+that service most useful to the people. Except in cases where,
+upon just and recognized principles--as upon the theory of
+pensions--offices and promotions are bestowed as rewards for past
+services, their bestowal upon any theory which disregards personal
+merit is an act of injustice to the citizen, as well as a breach of
+that trust subject to which the appointing power is held.
+
+In the light of these principles it becomes of great importance to
+provide just and adequate means, especially for every Department and
+large administrative office, where personal discrimination on the part
+of its head is not practicable, for ascertaining those qualifications
+to which appointments and removals should have reference. To fail to
+provide such means is not only to deny the opportunity of ascertaining
+the facts upon which the most righteous claim to office depends,
+but of necessity to discourage all worthy aspirants by handing over
+appointments and removals to mere influence and favoritism. If it is
+the right of the worthiest claimant to gain the appointment and the
+interest of the people to bestow it upon him, it would seem clear that
+a wise and just method of ascertaining personal fitness for office
+must be an important and permanent function of every just and wise
+government. It has long since become impossible in the great offices
+for those having the duty of nomination and appointment to personally
+examine into the individual qualifications of more than a small
+proportion of those seeking office, and with the enlargement of the
+civil service that proportion must continue to become less.
+
+In the earlier years of the Government the subordinate offices were so
+few in number that it was quite easy for those making appointments
+and promotions to personally ascertain the merits of candidates.
+Party managers and methods had not then become powerful agencies of
+coercion, hostile to the free and just exercise of the appointing
+power.
+
+A large and responsible part of the duty of restoring the civil
+service to the desired purity and efficiency rests upon the President,
+and it is my purpose to do what is within my power to advance such
+prudent and gradual measures of reform as will most surely and rapidly
+bring about that radical change of system essential to make our
+administrative methods satisfactory to a free and intelligent people.
+By a proper exercise of authority it is in the power of the Executive
+to do much to promote such a reform. But it can not be too clearly
+understood that nothing adequate can be accomplished without
+cooperation on the part of Congress and considerate and intelligent
+support among the people. Reforms which challenge the generally
+accepted theories of parties and demand changes in the methods of
+Departments are not the work of a day. Their permanent foundations
+must be laid in sound principles and in an experience which
+demonstrates their wisdom and exposes the errors of their adversaries.
+Every worthy officer desires to make his official action a gain and an
+honor to his country; but the people themselves, far more than their
+officers in public station, are interested in a pure, economical, and
+vigorous administration.
+
+By laws enacted in 1853 and 1855, and now in substance incorporated
+in the Revised Statutes, the practice of arbitrary appointments to the
+several subordinate grades in the great Departments was condemned, and
+examinations as to capacity, to be conducted by departmental boards of
+examiners, were provided for and made conditions of admission to
+the public service. These statutes are a decision by Congress that
+examinations of some sort as to attainments and capacity are essential
+to the well-being of the public service. The important questions since
+the enactment of these laws have been as to the character of these
+examinations, and whether official favor and partisan influence or
+common right and merit were to control the access to the examinations.
+In practice these examinations have not always been open to worthy
+persons generally who might wish to be examined. Official favoritism
+and partisan influence, as a rule, appear to have designated those
+who alone were permitted to go before the examining boards, subjecting
+even the examiners to a pressure from the friends of the candidates
+very difficult to resist. As a consequence the standard of admission
+fell below that which the public interest demanded. It was also almost
+inevitable that a system which provided for various separate boards of
+examiners, with no common supervision or uniform method of procedure,
+should result in confusion, inconsistency, and inadequate tests of
+capacity, highly detrimental to the public interest. A further and
+more radical change was obviously required.
+
+In the annual message of December, 1870, my predecessor declared
+that--
+
+ 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.
+
+
+Congress accordingly passed the act approved March 3, 1871, "to
+regulate the civil service of the United States and promote the
+efficiency thereof," giving the necessary authority to the Executive
+to inaugurate a civil-service reform.
+
+Acting under this statute, which was interpreted as intended to secure
+a system of just and effectual examinations under uniform supervision,
+a number of eminently competent persons were selected for the purpose,
+who entered with zeal upon the discharge of their duties, prepared
+with an intelligent appreciation of the requirements of the service
+the regulations contemplated, and took charge of the examinations, and
+who in their capacity as a board have been known as the "Civil Service
+Commission." Congress for two years appropriated the money needed for
+the compensation and for the expense of carrying on the work of the
+Commission.
+
+It appears from the report of the Commission submitted to the
+President in April, 1874, that examinations had been held in various
+sections of the country, and that an appropriation of about $25,000
+would be required to meet the annual expenses, including salaries,
+involved in discharging the duties of the Commission. The report was
+transmitted to Congress by special message of April 18, 1874, with the
+following favorable comment upon the labors of the Commission:
+
+ 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 hitherto 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.
+
+
+And in the annual message of December of the same year similar views
+are expressed and an appropriation for continuing the work of the
+Commission again advised.
+
+The appropriation was not made, and as a consequence the active work
+of the Commission was suspended, leaving the Commission itself still
+in existence. Without the means, therefore, of causing qualifications
+to be tested in any systematic manner or of securing for the public
+service the advantages of competition upon any extensive plan, I
+recommended in my annual message of December, 1877, the making of an
+appropriation for the resumption of the work of the Commission.
+
+In the meantime, however, competitive examinations, under many
+embarrassments, have been conducted within limited spheres in
+the Executive Departments in Washington and in a number of the
+custom-houses and post-offices of the principal cities of the country,
+with a view to further test their effects, and in every instance they
+have been found to be as salutary as they are stated to have been
+under the Administration of my predecessor. I think the economy,
+purity, and efficiency of the public service would be greatly promoted
+by their systematic introduction, wherever practicable, throughout the
+entire civil service of the Government, together with ample provision
+for their general supervision in order to secure consistency and
+uniform justice.
+
+Reports from the Secretary of the Interior, from the
+Postmaster-General, from the postmaster in the city of New York, where
+such examinations have been some time on trial, and also from the
+collector of the port, the naval officer, and the surveyor in that
+city, and from the postmasters and collectors in several of the other
+large cities, show that the competitive system, where applied, has in
+various ways contributed to improve the public service.
+
+The reports show that the results have been salutary in a marked
+degree, and that the general application of similar rules can not fail
+to be of decided benefit to the service.
+
+The reports of the Government officers, in the city of New York
+especially, bear decided testimony to the utility of open competitive
+examinations in their respective offices, showing that--
+
+ These examinations and the excellent qualifications of
+ those admitted to the service through them have had a marked
+ incidental effect upon the persons previously in the service,
+ and particularly upon those aspiring to promotion. There has
+ been on the part of these latter an increased interest in the
+ work and a desire to extend acquaintance with it beyond the
+ particular desk occupied, and thus the morale of the entire
+ force has been raised. * * * The examinations have been
+ attended by many citizens, who have had an opportunity to
+ thoroughly investigate the scope and character of the tests
+ and the method of determining the results, and those visitors
+ have without exception approved the methods employed, and
+ several of them have publicly attested their favorable
+ opinion.
+
+
+Upon such considerations I deem it my duty to renew the recommendation
+contained in my annual message of December, 1877, requesting Congress
+to make the necessary appropriation for the resumption of the work of
+the Civil Service Commission. Economy will be promoted by authorizing
+a moderate compensation to persons in the public service who may
+perform extra labor upon or under the Commission, as the Executive may
+direct.
+
+I am convinced that if a just and adequate test of merit is enforced
+for admission to the public service and in making promotions such
+abuses as removals without good cause and partisan and official
+interference with the proper exercise of the appointing power will in
+large measure disappear.
+
+There are other administrative abuses to which the attention
+of Congress should be asked in this connection. Mere partisan
+appointments and the constant peril of removal without cause very
+naturally lead to an absorbing and mischievous political activity on
+the part of those thus appointed, which not only interferes with the
+due discharge of official duty, but is incompatible with the freedom
+of elections. Not without warrant in the views of several of my
+predecessors in the Presidential office, and directly within the law
+of 1871, already cited, I endeavored, by regulation made on the 22d
+day of June, 1877, to put some reasonable limits to such abuses. It
+may not be easy, and it may never perhaps be necessary, to define with
+precision the proper limit of political action on the part of Federal
+officers. But while their right to hold and freely express their
+opinions can not be questioned, it is very plain that they should
+neither be allowed to devote to other subjects the time needed for the
+proper discharge of their official duties nor to use the authority of
+their office to enforce their own opinions or to coerce the political
+action of those who hold different opinions.
+
+Reasons of justice and public policy quite analogous to those which
+forbid the use of official power for the oppression of the private
+citizen impose upon the Government the duty of protecting its officers
+and agents from arbitrary exactions. In whatever aspect considered,
+the practice of making levies for party purposes upon the salaries
+of officers is highly demoralizing to the public service and
+discreditable to the country. Though an officer should be as free as
+any other citizen to give his own money in aid of his opinions or his
+party, he should also be as free as any other citizen to refuse to
+make such gifts. If salaries are but a fair compensation for the time
+and labor of the officer, it is gross injustice to levy a tax upon
+them. If they are made excessive in order that they may bear the tax,
+the excess is an indirect robbery of the public funds.
+
+I recommend, therefore, such a revision and extension of present
+statutes as shall secure to those in every grade of official life or
+public employment the protection with which a great and enlightened
+nation should guard those who are faithful in its service.
+
+Our relations with foreign countries have continued peaceful.
+
+With Great Britain there are still unsettled questions, growing out of
+the local laws of the maritime provinces and the action of provincial
+authorities deemed to be in derogation of rights secured by treaty
+to American fishermen. The United States minister in London has been
+instructed to present a demand for $105,305.02 in view of the damages
+received by American citizens at Fortune Bay on the 6th day of
+January, 1878. The subject has been taken into consideration by the
+British Government, and an early reply is anticipated.
+
+Upon the completion of the necessary preliminary examinations the
+subject of our participation in the provincial fisheries, as regulated
+by treaty, will at once be brought to the attention of the British
+Government, with a view to an early and permanent settlement of the
+whole question, which was only temporarily adjusted by the treaty of
+Washington.
+
+Efforts have been made to obtain the removal of restrictions found
+injurious to the exportation of cattle to the United Kingdom.
+
+Some correspondence has also occurred with regard to the rescue and
+saving of life and property upon the Lakes, which has resulted in
+important modifications of the previous regulations of the Dominion
+government on the subject in the interest of humanity and commerce.
+
+In accordance with the joint resolution of the last session of
+Congress, commissioners were appointed to represent the United States
+at the two international exhibitions in Australia, one of which is
+now in progress at Sydney, and the other to be held next year
+at Melbourne. A desire has been expressed by our merchants and
+manufacturers interested in the important and growing trade with
+Australia that an increased provision should be made by Congress for
+the representation of our industries at the Melbourne exhibition of
+next year, and the subject is respectfully submitted to your favorable
+consideration.
+
+The assent of the Government has been given to the landing on the
+coast of Massachusetts of a new and independent transatlantic cable
+between France, by way of the French island of St. Pierre, and this
+country, subject to any future legislation of Congress on the subject.
+The conditions imposed before allowing this connection with our shores
+to be established are such as to secure its competition with any
+existing or future lines of marine cable and preclude amalgamation
+therewith, to provide for entire equality of rights to our Government
+and people with those of France in the use of the cable, and prevent
+any exclusive possession of the privilege as accorded by France to the
+disadvantage of any future cable communication between France and the
+United States which may be projected and accomplished by our citizens.
+An important reduction of the present rates of cable communication
+with Europe, felt to be too burdensome to the interests of our
+commerce, must necessarily flow from the establishment of this
+competing line.
+
+The attention of Congress was drawn to the propriety of some general
+regulation by Congress of the whole subject of transmarine cables by
+my predecessor in his message of December 7, 1875, and I respectfully
+submit to your consideration the importance of Congressional action in
+the matter.
+
+The questions of grave importance with Spain growing out of the
+incidents of the Cuban insurrection have been for the most part
+happily and honorably settled. It may reasonably be anticipated that
+the commission now sitting in Washington for the decision of private
+cases in this connection will soon be able to bring its labors to a
+conclusion.
+
+The long-standing question of East Florida claims has lately been
+renewed as a subject of correspondence, and may possibly require
+Congressional action for its final disposition.
+
+A treaty with the Netherlands with respect to consular rights and
+privileges similar to those with other powers has been signed and
+ratified, and the ratifications were exchanged on the 31st of July
+last. Negotiations for extradition treaties with the Netherlands and
+with Denmark are now in progress.
+
+Some questions with Switzerland in regard to pauper and convict
+emigrants have arisen, but it is not doubted that they will be
+arranged upon a just and satisfactory basis. A question has also
+occurred with respect to an asserted claim by Swiss municipal
+authorities to exercise tutelage over persons and property of Swiss
+citizens naturalized in this country. It is possible this may require
+adjustment by treaty.
+
+With the German Empire frequent questions arise in connection with
+the subjects of naturalization and expatriation, but the Imperial
+Government has constantly manifested a desire to strictly maintain and
+comply with all treaty stipulations in regard to them.
+
+In consequence of the omission of Congress to provide for a diplomatic
+representative at Athens, the legation to Greece has been withdrawn.
+There is now no channel of diplomatic communication between the two
+countries, and the expediency of providing for one in some form is
+submitted to Congress.
+
+Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium
+continue amicable, and marked by no incident of especial importance.
+
+A change of the personal head of the Government of Egypt has taken
+place. No change, however, has occurred in the relations between
+Egypt and the United States. The action of the Egyptian Government in
+presenting to the city of New York one of the ancient obelisks, which
+possess such historic interest, is highly appreciated as a generous
+mark of international regard. If prosperity should attend the
+enterprise of its transportation across the Atlantic, its erection in
+a conspicuous position in the chief commercial city of the nation will
+soon be accomplished.
+
+The treaty recently made between Japan and the United States in regard
+to the revision of former commercial treaties it is now believed will
+be followed by similar action on the part of other treaty powers. The
+attention of Congress is again invited to the subject of the indemnity
+funds received some years since from Japan and China, which, with
+their accumulated interest, now amount to considerable sums. If any
+part of these funds is justly due to American citizens, they should
+receive it promptly; and whatever may have been received by this
+Government in excess of strictly just demands should in some form be
+returned to the nations to whom it equitably belongs.
+
+The Government of China has signified its willingness to consider the
+question of the emigration of its subjects to the United States with
+a dispassionate fairness and to cooperate in such measures as may
+tend to prevent injurious consequences to the United States. The
+negotiations are still proceeding, and will be pressed with diligence.
+
+A question having arisen between China and Japan about the Lew Chew
+Islands, the United States Government has taken measures to inform
+those powers of its readiness to extend its good offices for the
+maintenance of peace if they shall mutually deem it desirable and find
+it practicable to avail themselves of the proffer.
+
+It is a gratification to be able to announce that, through the
+judicious and energetic action of the military commanders of the two
+nations on each side of the Rio Grande, under the instructions of
+their respective Governments, raids and depredations have greatly
+decreased, and in the localities where formerly most destructive
+have now almost wholly ceased. In view of this result, I entertain a
+confident expectation that the prevalence of quiet on the border will
+soon become so assured as to justify a modification of the present
+orders to our military commanders as to crossing the border, without
+encouraging such disturbances as would endanger the peace of the two
+countries.
+
+The third installment of the award against Mexico under the claims
+commission of July 4, 1868, was duly paid, and has been put in course
+of distribution in pursuance of the act of Congress providing for the
+same. This satisfactory situation between the two countries leads me
+to anticipate an expansion of our trade with Mexico and an increased
+contribution of capital and industry by our people to the development
+of the great resources of that country. I earnestly commend to the
+wisdom of Congress the provision of suitable legislation looking to
+this result.
+
+Diplomatic intercourse with Colombia is again fully restored by the
+arrival of a minister from that country to the United States. This
+is especially fortunate in view of the fact that the question of an
+interoceanic canal has recently assumed a new and important aspect and
+is now under discussion with the Central American countries through
+whose territory the canal, by the Nicaragua route, would have to pass.
+It is trusted that enlightened statesmanship on their part will see
+that the early prosecution of such a work will largely inure to
+the benefit, not only of their own citizens and those of the United
+States, but of the commerce of the civilized world. It is not doubted
+that should the work be undertaken under the protective auspices of
+the United States, and upon satisfactory concessions for the right of
+way and its security by the Central American Governments, the capital
+for its completion would be readily furnished from this country and
+Europe, which might, failing such guaranties, prove inaccessible.
+
+Diplomatic relations with Chile have also been strengthened by the
+reception of a minister from that country.
+
+The war between Peru, Bolivia, and Chile still continues. The United
+States have not deemed it proper to interpose in the matter further
+than to convey to all the Governments concerned the assurance that
+the friendly offices of the Government of the United States for the
+restoration of peace upon an honorable basis will be extended in case
+the belligerents shall exhibit a readiness to accept them.
+
+Cordial relations continue with Brazil and the Argentine Republic, and
+trade with those countries is improving. A provision for regular and
+more frequent mail communication, in our own ships, between the
+ports of this country and the nations of South America seems to me
+to deserve the attention of Congress as an essential precursor of an
+enlargement of our commerce with them and an extension of our carrying
+trade.
+
+A recent revolution in Venezuela has been followed by the
+establishment of a provisional government. This government has not
+yet been formally recognized, and it is deemed desirable to await
+the proposed action of the people which is expected to give it the
+sanction of constitutional forms.
+
+A naval vessel has been sent to the Samoan Islands to make surveys and
+take possession of the privileges ceded to the United States by Samoa
+in the harbor of Pago-Pago. A coaling station is to be established
+there, which will be convenient and useful to United States vessels.
+
+The subject of opening diplomatic relations with Roumania and
+Servia, now become independent sovereignties, is at present under
+consideration, and is the subject of diplomatic correspondence.
+
+There is a gratifying increase of trade with nearly all European and
+American countries, and it is believed that with judicious action in
+regard to its development it can and will be still more enhanced and
+that American products and manufactures will find new and expanding
+markets. The reports of diplomatic and consular officers upon this
+subject, under the system now adopted, have resulted in obtaining
+much valuable information, which has been and will continue to be laid
+before Congress and the public from time to time.
+
+The third article of the treaty with Russia of March 30, 1867,
+by which Alaska was ceded to the United States, provides that
+the inhabitants of the ceded territory, with the exception of the
+uncivilized native tribes, shall be admitted to the enjoyment of all
+the rights of citizens of the United States and shall be maintained
+and protected in the free enjoyment of their liberty, property,
+and religion. The uncivilized tribes are subject to such laws and
+regulations as the United States may from time to time adopt in regard
+to the aboriginal tribes of that country.
+
+Both the obligations of this treaty and the necessities of the people
+require that some organized form of government over the Territory of
+Alaska be adopted.
+
+There appears to be no law for the arrest of persons charged with
+common-law offenses, such as assault, robbery, and murder, and no
+magistrate authorized to issue or execute process in such cases.
+Serious difficulties have already arisen from offenses of this
+character, not only among the original inhabitants, but among citizens
+of the United States and other countries who have engaged in mining,
+fishing, and other business operations within the territory. A bill
+authorizing the appointment of justices of the peace and constables
+and the arrest and detention of persons charged with criminal
+offenses, and providing for an appeal to United States courts for
+the district of Oregon in suitable cases, will at a proper time be
+submitted to Congress.
+
+The attention of Congress is called to the annual report of the
+Secretary of the Treasury on the condition of the public finances.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1879, were $273,827,184.46; the ordinary expenditures for the same
+period were $266,947,883.53, leaving a surplus revenue for the year of
+$6,879,300.93.
+
+The receipts for the present fiscal year, ending June 30, 1880, actual
+and estimated, are as follows: Actual receipts for the first quarter,
+commencing July 1, 1879, $79,843,663.61; estimated receipts for the
+remaining three quarters of the year, $208,156,336.39; total receipts
+for the current fiscal year, actual and estimated, $288,000,000.
+
+The expenditures for the same period will be, actual and estimated, as
+follows: For the quarter commencing July 1, 1879, actual expenditures,
+$91,683,385.10; and for the remaining three quarters of the year
+the expenditures are estimated at $172,316,614.90, making the total
+expenditures $264,000,000, and leaving an estimated surplus revenue
+for the year ending June 30, 1880, of $24,000,000. The total receipts
+during the next fiscal year, ending June 30, 1881, estimated according
+to existing laws, will be $288,000,000, and the estimated ordinary
+expenditures for the same period will be $278,097,364.39, leaving a
+surplus of $9,902,635.61 for that year.
+
+The large amount expended for arrears of pensions during the last and
+the present fiscal year, amounting to $21,747,249.60, has prevented
+the application of the full amount required by law to the sinking
+fund for the current year; but these arrears having been substantially
+paid, it is believed that the sinking fund can hereafter be maintained
+without any change of existing law.
+
+The Secretary of War reports that the War Department estimates for the
+fiscal year ending June 30, 1881, are $40,380,428.93, the same being
+for a less sum of money than any annual estimate rendered to Congress
+from that Department during a period of at least twelve years.
+
+He concurs with the General of the Army in recommending such
+legislation as will authorize the enlistment of the full number
+of 25,000 men for the line of the Army, exclusive of the 3,463 men
+required for detached duty, and therefore not available for service in
+the field.
+
+He also recommends that Congress be asked to provide by law for
+the disposition of a large number of abandoned military posts and
+reservations, which, though very valuable in themselves, have been
+rendered useless for military purposes by the advance of civilization
+and settlement.
+
+He unites with the Quartermaster-General in recommending that an
+appropriation be made for the construction of a cheap and perfectly
+fireproof building for the safe storage of a vast amount of money
+accounts, vouchers, claims, and other valuable records now in the
+Quartermaster-General's Office, and exposed to great risk of total
+destruction by fire.
+
+He also recommends, in conformity with the views of the
+Judge-Advocate-General, some declaratory legislation in reference
+to the military statute of limitations as applied to the crime of
+desertion.
+
+In these several recommendations I concur.
+
+The Secretary of War further reports that the work for the improvement
+of the South Pass of the Mississippi River, under contract with Mr.
+James B. Eads, made in pursuance of an act of Congress, has been
+prosecuted during the past year with a greater measure of success in
+the attainment of results than during any previous year. The channel
+through the South Pass, which at the beginning of operations in June,
+1875, had a depth of only 7-1/2 feet of water, had on the 8th of July,
+1879, a minimum depth of 26 feet, having a width of not less than
+200 feet and a central depth of 30 feet. Payments have been made in
+accordance with the statute, as the work progressed, amounting in
+the aggregate to $4,250,000; and further payments will become due, as
+provided by the statute, in the event of success in maintaining the
+channel now secured.
+
+The reports of the General of the Army and of his subordinates
+present a full and detailed account of the military operations for
+the suppression of hostilities among the Indians of the Ute and
+Apache tribes, and praise is justly awarded to the officers and troops
+engaged for promptness, skill, and courage displayed.
+
+The past year has been one of almost unbroken peace and quiet on the
+Mexican frontier, and there is reason to believe that the efforts of
+this Government and of Mexico to maintain order in that region will
+prove permanently successful.
+
+This Department was enabled during the past year to find temporary,
+though crowded, accommodations and a safe depository for a portion of
+its records in the completed east wing of the building designed for
+the State, War, and Navy Departments. The construction of the north
+wing of the building, a part of the structure intended for the use
+of the War Department, is being carried forward with all possible
+dispatch, and the work should receive from Congress such liberal
+appropriations as will secure its speedy completion.
+
+The report of the Secretary of the Navy shows continued improvement
+in that branch of the service during the last fiscal year. Extensive
+repairs have been made upon vessels, and two new ships have been
+completed and made ready for sea.
+
+The total expenditures of the year ended June 30, 1879, including
+specific appropriations not estimated for by the Department, were
+$13,555,710.09. The expenses chargeable to the year, after deducting
+the amount of these specific appropriations, were $13,343,317.79; but
+this is subject to a reduction of $283,725.99, that amount having been
+drawn upon warrants, but not paid out during the year. The amount of
+appropriations applicable to the last fiscal year was $14,538,646.17.
+There was, therefore, a balance of $1,479,054.37 remaining unexpended
+and to the credit of the Department on June 30, 1879. The estimates
+for the fiscal year ending June 30, 1881, are $14,864,147.95, which
+exceeds the appropriations for the present fiscal year $361,897.28.
+The reason for this increase is explained in the Secretary's
+report. The appropriations available for the present fiscal year are
+$14,502,250.67, which will, in the opinion of the Secretary, answer
+all the ordinary demands of the service. The amount drawn from the
+Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which
+$1,095,440.33 has been refunded, leaving as the expenditure for that
+period $4,674,963.79. If the expenditures of the remaining two-thirds
+of the year do not exceed the proportion for these four months, there
+will remain unexpended at the end of the year $477,359.30 of the
+current appropriations. The report of the Secretary shows the
+gratifying fact that among all the disbursing officers of the Pay
+Corps of the Navy there is not one who is a defaulter to the extent of
+a single dollar. I unite with him in recommending the removal of the
+observatory to a more healthful location. That institution reflects
+credit upon the nation, and has obtained the approbation of scientific
+men in all parts of the world. Its removal from its present location
+would not only be conducive to the health of its officers and
+professors, but would greatly increase its usefulness.
+
+The appropriation for judicial expenses, which has heretofore been
+made for the Department of Justice in gross, was subdivided at the
+last session of Congress, and no appropriation whatever was made for
+the payment of the fees of marshals and their deputies, either in the
+service of process or for the discharge of other duties; and since
+June 30 these officers have continued the performance of their duties
+without compensation from the Government, taking upon themselves the
+necessary incidental outlays, as well as rendering their own services.
+In only a few unavoidable instances has the proper execution of the
+process of the United States failed by reason of the absence of the
+requisite appropriation. This course of official conduct on the part
+of these officers, highly creditable to their fidelity, was advised
+by the Attorney-General, who informed them, however, that they would
+necessarily have to rely for their compensation upon the prospect of
+future legislation by Congress. I therefore especially recommend that
+immediate appropriation be made by Congress for this purpose.
+
+The act making the principal appropriation for the Department of
+Justice at previous sessions has uniformly contained the following
+clause:
+
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+
+
+No appropriation was made for this purpose for the current year. As no
+general election for Members of Congress occurred, the omission was
+a matter of little practical importance. Such election will, however,
+take place during the ensuing year, and the appropriation made for
+the pay of marshals and deputies should be sufficient to embrace
+compensation for the services they may be required to perform at such
+elections.
+
+The business of the Supreme Court is at present largely in arrears.
+It can not be expected that more causes can be decided than are
+now disposed of in its annual session, or that by any assiduity the
+distinguished magistrates who compose the court can accomplish more
+than is now done. In the courts of many of the circuits also the
+business has increased to such an extent that the delay of justice
+will call the attention of Congress to an appropriate remedy. It is
+believed that all is done in each circuit which can fairly be expected
+from its judicial force. The evils arising from delay are less heavily
+felt by the United States than by private suitors, as its causes
+are advanced by the courts when it is seen that they involve the
+discussion of questions of a public character.
+
+The remedy suggested by the Attorney-General is the appointment of
+additional circuit judges and the creation of an intermediate court of
+errors and appeals, which shall relieve the Supreme Court of a part
+of its jurisdiction, while a larger force is also obtained for the
+performance of circuit duties.
+
+I commend this suggestion to the consideration of Congress. It would
+seem to afford a complete remedy, and would involve, if ten additional
+circuit judges are appointed, an expenditure, at the present rate of
+salaries, of not more than $60,000 a year, which would certainly be
+small in comparison with the objects to be attained.
+
+The report of the Postmaster-General bears testimony to the general
+revival of business throughout the country. The receipts of the
+Post-Office Department for the fiscal year ended June 30, 1879,
+were $30,041,982.86, being $764,465.91 more than the revenues of the
+preceding year. The amount realized from the sale of postage stamps,
+stamped envelopes, and postal cards was $764,465.91 more than in the
+preceding year, and $2,387,559.23 more than in 1877. The expenditures
+of the Department were $33,449,899.45, of which the sum of $376,461.63
+was paid on liabilities incurred in preceding years.
+
+The expenditures during the year were $801,209.77 less than in the
+preceding year. This reduction is to be attributed mainly to the
+operation of the law passed June 17, 1878, changing the compensation
+of postmasters from a commission on the value of stamps sold to a
+commission on stamps canceled.
+
+The amount drawn from the Treasury on appropriations, in addition to
+the revenues of the Department, was $3,031,454.96, being $2,276,197.86
+less than in the preceding year.
+
+The expenditures for the fiscal year ending June 30, 1881, are
+estimated at $39,920,900 and the receipts from all sources at
+$32,210,000, leaving a deficiency to be appropriated for out of the
+Treasury of $7,710,900.
+
+The relations of the Department with railroad companies have been
+harmonized, notwithstanding the general reduction by Congress of their
+compensation by the appropriation for special facilities, and the
+railway post-office lines have been greatly extended, especially in
+the Southern States. The interests of the Railway Mail Service and
+of the public would be greatly promoted and the expenditures could be
+more readily controlled by the classification of the employees of the
+Railway Mail Service as recommended by the Postmaster-General, the
+appropriation for salaries, with respect to which the maximum limit is
+already fixed by law, to be made in gross.
+
+The Postmaster-General recommends an amendment of the law regulating
+the increase of compensation for increased service and increased speed
+on star routes, so as to enable him to advertise for proposals for
+such increased service and speed. He also suggests the advantages to
+accrue to the commerce of the country from the enactment of a general
+law authorizing contracts with American-built steamers, carrying the
+American flag, for transporting the mail between ports of the United
+States and ports of the West Indies and South America, at a fixed
+maximum price per mile, the amount to be expended being regulated by
+annual appropriations, in like manner with the amount paid for the
+domestic star service.
+
+The arrangement made by the Postmaster-General and the Secretary of
+the Treasury for the collection of duty upon books received in
+the mail from foreign countries has proved so satisfactory in its
+practical operation that the recommendation is now made that Congress
+shall extend the provisions of the act of March 3, 1879, under which
+this arrangement was made, so as to apply to all other dutiable
+articles received in the mails from foreign countries.
+
+The reports of the Secretary of the Interior and of the Commissioner
+of Indian Affairs, setting forth the present state of our relations
+with the Indian tribes on our territory, the measures taken to advance
+their civilization and prosperity, and the progress already achieved
+by them, will be found of more than ordinary interest. The general
+conduct of our Indian population has been so satisfactory that the
+occurrence of two disturbances, which resulted in bloodshed and
+destruction of property, is all the more to be lamented.
+
+The history of the outbreak on the White River Ute Reservation, in
+western Colorado, has become so familiar by elaborate reports in the
+public press that its remarkable incidents need not be stated here
+in detail. It is expected that the settlement of this difficulty will
+lead to such arrangements as will prevent further hostile contact
+between the Indians and the border settlements in western Colorado.
+
+The other disturbance occurred at the Mescalero Agency, in New Mexico,
+where Victoria, at the head of a small band of marauders, after
+committing many atrocities, being vigorously chased by a military
+force, made his way across the Mexican border and is now on foreign
+soil.
+
+While these occurrences, in which a comparatively small number of
+Indians were engaged, are most deplorable, a vast majority of our
+Indian population have fully justified the expectations of those who
+believe that by humane and peaceful influences the Indian can be led
+to abandon the habits of savage life and to develop a capacity for
+useful and civilized occupations. What they have already accomplished
+in the pursuit of agricultural and mechanical work, the remarkable
+success which has attended the experiment of employing as freighters
+a class of Indians hitherto counted among the wildest and most
+intractable, and the general and urgent desire expressed by them for
+the education of their children may be taken as sufficient proof that
+they will be found capable of accomplishing much more if they continue
+to be wisely and fairly guided. The "Indian policy" sketched in the
+report of the Secretary of the Interior, the object of which is to
+make liberal provision for the education of Indian youth, to settle
+the Indians upon farm lots in severalty, to give them title in fee to
+their farms, inalienable for a certain number of years, and when their
+wants are thus provided for to dispose by sale of the lands on their
+reservations not occupied and used by them, a fund to be formed out
+of the proceeds for the benefit of the Indians, which will gradually
+relieve the Government of the expenses now provided for by annual
+appropriations, must commend itself as just and beneficial to the
+Indians, and as also calculated to remove those obstructions which
+the existence of large reservations presents to the settlement and
+development of the country. I therefore earnestly recommend the
+enactment of a law enabling the Government to give Indians a title in
+fee, inalienable for twenty-five years, to the farm lands assigned to
+them by allotment. I also repeat the recommendation made in my first
+annual message, that a law be passed admitting Indians who can give
+satisfactory proof of having by their own labor supported their
+families for a number of years, and who are willing to detach
+themselves from their tribal relations, to the benefit of the
+homestead act, and to grant them patents containing the same provision
+of inalienability for a certain period.
+
+The experiment of sending a number of Indian children of both sexes to
+the Hampton Normal and Agricultural Institute, in Virginia, to receive
+an elementary English education and practical instruction in farming
+and other useful industries, has led to results so promising that it
+was thought expedient to turn over the cavalry barracks at Carlisle,
+in Pennsylvania, to the Interior Department for the establishment of
+an Indian school on a larger scale. This school has now 158 pupils,
+selected from various tribes, and is in full operation. Arrangements
+are also made for the education of a number of Indian boys and girls
+belonging to tribes on the Pacific Slope in a similar manner, at
+Forest Grove, in Oregon. These institutions will commend themselves to
+the liberality of Congress and to the philanthropic munificence of the
+American people.
+
+Last spring information was received of the organization of an
+extensive movement in the Western States, the object of which was
+the occupation by unauthorized persons of certain lands in the Indian
+Territory ceded by the Cherokees to the Government for the purpose of
+settlement by other Indian tribes.
+
+On the 26th of April I issued a proclamation[40] warning all persons
+against participation in such an attempt, and by the cooperation of a
+military force the invasion was promptly checked. It is my purpose to
+protect the rights of the Indian inhabitants of that Territory to the
+full extent of the executive power; but it would be unwise to ignore
+the fact that a territory so large and so fertile, with a population
+so sparse and with so great a wealth of unused resources, will be
+found more exposed to the repetition of such attempts as happened
+this year when the surrounding States are more densely settled and the
+westward movement of our population looks still more eagerly for
+fresh lands to occupy. Under such circumstances the difficulty of
+maintaining the Indian Territory in its present state will greatly
+increase, and the Indian tribes inhabiting it would do well to prepare
+for such a contingency. I therefore fully approve of the advice given
+to them by the Secretary of the Interior on a recent occasion, to
+divide among themselves in severalty as large a quantity of their
+lands as they can cultivate; to acquire individual title in fee
+instead of their present tribal ownership in common, and to consider
+in what manner the balance of their lands may be disposed of by the
+Government for their benefit. By adopting such a policy they would
+more certainly secure for themselves the value of their possessions,
+and at the same time promote their progress in civilization and
+prosperity, than by endeavoring to perpetuate the present state of
+things in the Territory.
+
+The question whether a change in the control of the Indian service
+should be made was in the Forty-fifth Congress referred to a joint
+committee of both Houses for inquiry and report. In my last annual
+message I expressed the hope that the decision of that question, then
+in prospect, would "arrest further agitation of this subject, such
+agitation being apt to produce a disturbing effect upon the service as
+well as on the Indians themselves." Since then, the committee having
+reported, the question has been decided in the negative by a vote in
+the House of Representatives.
+
+For the reasons here stated, and in view of the fact that further
+uncertainty on this point will be calculated to obstruct other
+much-needed legislation, to weaken the discipline of the service, and
+to unsettle salutary measures now in progress for the government and
+improvement of the Indians, I respectfully recommend that the decision
+arrived at by Congress at its last session be permitted to stand.
+
+The efforts made by the Department of the Interior to arrest the
+depredations on the timber lands of the United States have been
+continued, and have met with considerable success. A large number of
+cases of trespass have been prosecuted in the courts of the United
+States; others have been settled, the trespassers offering to make
+payment to the Government for the value of the timber taken by them.
+The proceeds of these prosecutions and settlements turned into the
+Treasury far exceed in amount the sums appropriated by Congress for
+this purpose. A more important result, however, consists in the fact
+that the destruction of our public forests by depredation, although
+such cases still occur, has been greatly reduced in extent, and it
+is probable that if the present policy is vigorously pursued and
+sufficient provision to that end is made by Congress such trespasses,
+at least those on a large scale, can be entirely suppressed, except
+in the Territories, where timber for the daily requirements of the
+population can not, under the present state of the law, be otherwise
+obtained. I therefore earnestly invite the attention of Congress to
+the recommendation made by the Secretary of the Interior, that a law
+be enacted enabling the Government to sell timber from the public
+lands without conveying the fee, where such lands are principally
+valuable for the timber thereon, such sales to be so regulated as to
+conform to domestic wants and business requirements, while at the
+same time guarding against a sweeping destruction of the forests. The
+enactment of such a law appears to become a more pressing necessity
+every day.
+
+My recommendations in former messages are renewed in favor of
+enlarging the facilities of the Department of Agriculture. Agriculture
+is the leading interest and the permanent industry of our people. It
+is to the abundance of agricultural production, as compared with our
+home consumption, and the largely increased and highly profitable
+market abroad which we have enjoyed in recent years, that we are
+mainly indebted for our present prosperity as a people. We must look
+for its continued maintenance to the same substantial resource.
+There is no branch of industry in which labor, directed by scientific
+knowledge, yields such increased production in comparison with
+unskilled labor, and no branch of the public service to which the
+encouragement of liberal appropriations can be more appropriately
+extended. The omission to render such aid is not a wise economy,
+but, on the contrary, undoubtedly results in losses of immense sums
+annually that might be saved through well-directed efforts by the
+Government to promote this vital interest.
+
+The results already accomplished with the very limited means
+heretofore placed at the command of the Department of Agriculture is
+an earnest of what may be expected with increased appropriations for
+the several purposes indicated in the report of the Commissioner, with
+a view to placing the Department upon a footing which will enable it
+to prosecute more effectively the objects for which it is established.
+
+Appropriations are needed for a more complete laboratory, for the
+establishment of a veterinary division and a division of forestry, and
+for an increase of force.
+
+The requirements for these and other purposes, indicated in the report
+of the Commissioner under the head of the immediate necessities of the
+Department, will not involve any expenditure of money that the country
+can not with propriety now undertake in the interests of agriculture.
+
+It is gratifying to learn from the Bureau of Education the extent to
+which educational privileges throughout the United States have been
+advanced during the year. No more fundamental responsibility rests
+upon Congress than that of devising appropriate measures of financial
+aid to education, supplemental to local action in the States and
+Territories and in the District of Columbia. The wise forethought of
+the founders of our Government has not only furnished the basis for
+the support of the common-school systems of the newer States, but laid
+the foundations for the maintenance of their universities and colleges
+of agriculture and the mechanic arts. Measures in accordance with this
+traditional policy, for the further benefit of all these interests and
+the extension of the same advantages to every portion of the country,
+it is hoped will receive your favorable consideration.
+
+To preserve and perpetuate the national literature should be among the
+foremost cares of the National Legislature. The library gathered at
+the Capitol still remains unprovided with any suitable accommodations
+for its rapidly increasing stores. The magnitude and importance of the
+collection, increased as it is by the deposits made under the law of
+copyright, by domestic and foreign exchanges, and by the scientific
+library of the Smithsonian Institution, call for building
+accommodations which shall be at once adequate and fireproof. The
+location of such a public building, which should provide for the
+pressing necessities of the present and for the vast increase of the
+nation's books in the future, is a matter which addresses itself to
+the discretion of Congress. It is earnestly recommended as a measure
+which should unite all suffrages and which should no longer be
+delayed.
+
+The joint commission created by the act of Congress of August 2, 1876,
+for the purpose of supervising and directing the completion of the
+Washington National Monument, of which commission the President is a
+member, has given careful attention to this subject, and already the
+strengthening of the foundation has so far progressed as to insure the
+entire success of this part of the work. A massive layer of masonry
+has been introduced below the original foundation, widening the base,
+increasing the stability of the structure, and rendering it possible
+to carry the shaft to completion. It is earnestly recommended that
+such further appropriations be made for the continued prosecution
+of the work as may be necessary for the completion of this national
+monument at an early day.
+
+In former messages, impressed with the importance of the subject,
+I have taken occasion to commend to Congress the adoption of a
+generous policy toward the District of Columbia. The report of
+the Commissioners of the District, herewith transmitted, contains
+suggestions and recommendations, to all of which I earnestly invite
+your careful attention. I ask your early and favorable consideration
+of the views which they express as to the urgent need of legislation
+for the reclamation of the marshes of the Potomac and its Eastern
+Branch within the limits of the city, and for the repair of the
+streets of the capital, heretofore laid with wooden blocks and now by
+decay rendered almost impassable and a source of imminent danger
+to the health of its citizens. The means at the disposal of the
+Commissioners are wholly inadequate for the accomplishment of these
+important works, and should be supplemented by timely appropriations
+from the Federal Treasury.
+
+The filling of the flats in front of the city will add to the adjacent
+lands and parks now owned by the United States a large and valuable
+domain, sufficient, it is thought, to reimburse its entire cost, and
+will also, as an incidental result, secure the permanent improvement
+of the river for the purposes of navigation.
+
+The Constitution having invested Congress with supreme and exclusive
+jurisdiction over the District of Columbia, its citizens must of
+necessity look to Congress alone for all needful legislation affecting
+their interests; and as the territory of this District is the common
+property of the people of the United States, who equally with its
+resident citizens are interested in the prosperity of their capital,
+I can not doubt that you will be amply sustained by the general voice
+of the country in any measures you may adopt for this purpose.
+
+I also invite the favorable consideration of Congress to the wants of
+the public schools of this District, as exhibited in the report of the
+Commissioners. While the number of pupils is rapidly increasing,
+no adequate provision exists for a corresponding increase of school
+accommodation, and the Commissioners are without the means to meet
+this urgent need. A number of the buildings now used for school
+purposes are rented, and are in important particulars unsuited for the
+purpose. The cause of popular education in the District of Columbia is
+surely entitled to the same consideration at the hands of the
+National Government as in the several States and Territories, to which
+munificent grants of the public lands have been made for the endowment
+of schools and universities.
+
+RUTHERFORD B. HAYES.
+
+[Footnote 40: See pp. 547-548.]
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _December 19, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a draft of a bill submitted
+by the Board of Commissioners of the District of Columbia, entitled
+"A bill to provide for the reclamation of the marshes in the harbors
+of the cities of Washington and Georgetown, and for other purposes,"
+together with the accompanying letter of the president of the board
+requesting its transmission to Congress.
+
+The bill embraces a plan for the reclamation of the marshes of the
+Potomac River and its Eastern Branch within the limits of the city
+of Washington, and is carefully framed with a view to economy in the
+prosecution of the work. The attention of Congress is again invited to
+the urgent need of legislation for this important work, which has been
+so long delayed.
+
+The improvement contemplated is essential to the health of those who
+reside, whether permanently or temporarily, at the capital, and to
+the safe and convenient navigation of the waters in its vicinity by
+vessels employed in the service of the Government and for the purposes
+of commerce. It is a measure of more than local benefit. The capital
+of the nation should be relieved from every disadvantage which it is
+practicable to remove, and should possess every attraction with which
+it can be invested by the intelligent and fostering care of those
+who are intrusted with its immediate supervision. The people of the
+country will sustain and approve the efforts of their representatives
+in the discharge of this responsibility.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 7, 1880_.
+
+_To the Senate of the United States_:
+
+In reply to a resolution of the Senate of December 3, 1879, requesting
+the President of the United States to inform the Senate whether
+payments have been made to the Ute Indians in accordance with the
+fourth article of an agreement made with said Indians September 3,
+1873, I transmit herewith a letter from the Secretary of the Interior
+and accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _January 12, 1880_.
+
+_To the House of Representatives_:
+
+In answer to resolution of the House of Representatives of the 3d
+of December, 1879, relative to the consulate at Hongkong, I transmit
+herewith a report from the Secretary of State, with its accompanying
+papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 14, 1880_.
+
+_To the House of Representatives_:
+
+I have the honor herewith to transmit the final report of the board
+for testing iron, steel, and other metals, with the accompanying
+papers. These papers constitute the remainder of the reports made
+by the board, which were transmitted by me to the House of
+Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,
+Forty-fifth Congress, second session).
+
+The United States testing machine at Watertown Arsenal, constructed
+for the board, is reported as being of great value in the
+determination of data and the solution of problems of interest to the
+people of the whole country, and the special attention of Congress
+is called to the necessity of an appropriation to enable the War
+Department to make use of it. An estimate of $20,000 for the purpose
+was submitted to Congress in the last Book of Estimates (see p. 82),
+and an appropriation of that sum is respectfully recommended.
+
+The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),
+made an appropriation for completing the experiments in testing
+iron, steel, and other metals, and provided that the board should
+be discontinued from and after the expenditure of the amount
+appropriated. In accordance with this legislation, the board ceased to
+exist on the 30th of June, 1879.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 21, 1880_.
+
+_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 French Republic for the settlement of certain claims of the
+citizens of either country against the other.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 26, 1880_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 21st
+instant, requesting the Commissioner of Agriculture to furnish all
+information which he may have in his possession bearing upon the
+culture of the sugar beet, etc., the accompanying letter and report,
+received from the Acting Commissioner of Agriculture for this purpose,
+are herewith transmitted.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 5, 1880_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 3d
+instant, requesting the Commissioner of Agriculture to forward any
+facts or statistics in his office on the subject of forestry not
+heretofore published from his Department, the following report,
+received from the Commissioner, upon this subject is hereby
+transmitted.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 16, 1880_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 5th instant, calling for any information which I may have received
+of the proceedings of the International Polar Congress convened in
+Hamburg, Germany, October 1, 1879, I transmit herewith a report from
+the Secretary of State on the subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 16, 1880_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th of
+January, 1880, calling for information in relation to claims before
+the American-Spanish Claims Commission and the proceedings of the
+commission, I transmit herewith a report from the Secretary of State
+upon the subject.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 24, 1880_.
+
+_To the House of Representatives_:
+
+I herewith transmit a communication from the Attorney-General, with
+reference to the requisite appropriation for the current fiscal year
+for the compensation, of the marshals of the United States, including
+their reimbursement for necessary expenditures in the discharge of
+their official duties.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 25, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a preliminary report and a draft
+of a bill submitted by the Public Lands Commission authorized by the
+act of Congress approved March 3, 1879.
+
+The object of the report and of the bill accompanying it is of such
+importance that I respectfully commend it to the prompt and earnest
+consideration of Congress.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 27, 1880_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th ultimo,
+I transmit herewith a report from the Secretary of State, with
+its papers, relating to the claim of Max. Bromberger against the
+Government of Mexico.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 27, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a view
+to ratification, a treaty between the Government of the United
+States and His Highness Sultan Abdallah, King of Johanna, concerning
+commercial intercourse with that independent East African island,
+concluded at Johanna Town on the 4th day of October, 1879.
+
+For your better understanding of the subject, I transmit also the
+correspondence of Commodore Shufeldt with the Navy Department, which
+accompanied the treaty, describing the condition and resources of the
+island of Johanna and narrating the progress of the negotiation, which
+was undertaken under the general instructions of the Department of
+State.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 1, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I deem it proper to invite the attention of Congress to the subject of
+the unsettled claims of Spanish inhabitants of East Florida during the
+years of 1812 and 1813, generally known as the "East Florida claims,"
+the settlement of which is provided for by a stipulation found in
+Article IX of the treaty of February, 1819, between the United States
+and Spain. The provision of the treaty in question which relates to
+the subject is the following:
+
+ The United States will cause satisfaction to be made for the
+ injuries, if any, which by process of law shall be established
+ to have been suffered by the Spanish officers and individual
+ Spanish inhabitants by the late operations of the American
+ army in Florida.
+
+
+The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at
+Large, p. 768), to carry into effect the ninth article of the treaty
+in question, provided for the examination and judicial ascertainment
+of the claims by the judges of the superior courts established at St.
+Augustine and Pensacola, and also made provision for the payment by
+the Secretary of the Treasury of such claims as might be reported to
+him by the said judges, upon his being satisfied that such claims were
+just and equitable; and a subsequent act, approved the 26th of June,
+1834 (6 U.S. Statutes at Large, p. 569), gave further directions for
+the payment, and also provided for the hearing and determination by
+the judge of the superior court of St. Augustine of such claims as
+had not then been already heard and determined. Under these acts
+of Congress I understand that all claims presented to the judges in
+Florida were passed upon and the result of the proceedings thus had
+reported to the Secretary of the Treasury. It also appears that in
+the computation of damages the judges adopted a rule of 5 per cent per
+annum on the ascertained actual loss from the date of that loss to the
+time of the rendition of their finding, and that the Secretary of the
+Treasury in 1836, when the first reports were presented to him, not
+deeming this portion of the claims covered by the 5 per cent rule
+just and equitable within the meaning of the treaty and the acts of
+Congress, refused to pay it, but did continue to pay the ascertained
+amounts of actual loss. The demand for payment of this rejected
+item has been pressed at various times and in various ways up to the
+present time, but Mr. Woodbury's successors in the Treasury Department
+have not felt at liberty to review that ruling.
+
+Under these circumstances I have thought it proper to lay the subject
+before Congress for its consideration and such action as may be deemed
+necessary. The history of the proceedings already had in regard to the
+matter is of record in the Treasury Department, and will be furnished
+by the Secretary of the Treasury should Congress desire it.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 8, 1880_.
+
+_To the Senate_:
+
+I transmit herewith the report of the Secretary of State and the
+accompanying papers, in response to the resolution adopted by the
+Senate on the 11th day of February last, requesting copies of all
+correspondence between this Government and any foreign government
+since February, 1869, respecting a ship canal across the isthmus
+between North America and South America, together with copies of any
+_projet_ of treaties respecting the same which the Department of State
+may have proposed or submitted since that date to any foreign power or
+its diplomatic representative.
+
+In further compliance with the resolution of the Senate, I deem it
+proper to state briefly my opinion as to the policy of the United
+States with respect to the construction of an interoceanic canal by
+any route across the American Isthmus.
+
+The policy of this country is a canal under American control. The
+United States can not consent to the surrender of this control to any
+European power or to any combination of European powers. If existing
+treaties between the United States and other nations or if the rights
+of sovereignty or property of other nations stand in the way of this
+policy--a contingency which is not apprehended--suitable steps should
+be taken by just and liberal negotiations to promote and establish the
+American policy on this subject consistently with the rights of the
+nations to be affected by it.
+
+The capital invested by corporations or citizens of other countries in
+such an enterprise must in a great degree look for protection to
+one or more of the great powers of the world. No European power
+can intervene for such protection without adopting measures on this
+continent which the United States would deem wholly inadmissible. If
+the protection of the United States is relied upon, the United States
+must exercise such control as will enable this country to protect
+its national interests and maintain the rights of those whose private
+capital is embarked in the work.
+
+An interoceanic canal across the American Isthmus will essentially
+change the geographical relations between the Atlantic and Pacific
+coasts of the United States and between the United States and the rest
+of the world. It would be the great ocean thoroughfare between our
+Atlantic and our Pacific shores, and virtually a part of the coast
+line of the United States. Our merely commercial interest in it is
+greater than that of all other countries, while its relations to our
+power and prosperity as a nation, to our means of defense, our unity,
+peace, and safety, are matters of paramount concern to the people
+of the United States. No other great power would under similar
+circumstances fail to assert a rightful control over a work so closely
+and vitally affecting its interest and welfare.
+
+Without urging further the grounds of my opinion, I repeat, in
+conclusion, that it is the right and the duty of the United States
+to assert and maintain such supervision and authority over any
+interoceanic canal across the isthmus that connects North and South
+America as will protect our national interests. This, I am quite sure,
+will be found not only compatible with but promotive of the widest and
+most permanent advantage to commerce and civilization.
+
+RUTHERFORD B. HAYES.
+
+[A similar message was sent to the House of Representatives, in answer
+to a resolution of that body of February 10.]
+
+
+
+EXECUTIVE MANSION, _March 9, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a report from the Secretary
+of the Interior, containing an agreement signed by the chiefs and
+headmen of the Ute Indians now present at the seat of Government. The
+stipulations of this agreement appear to me so reasonable and just and
+the object to be accomplished by its execution so eminently desirable
+to both the white people of the United States and the Indians that it
+has my cordial approval, and I earnestly commend it to Congress for
+favorable consideration and appropriate legislative action.
+
+RUTHERFORD B. HAYES.
+
+
+
+WASHINGTON, _March 9, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a
+view to ratification, a convention between the United States and His
+Majesty the King of the Belgians, defining the rights, immunities, and
+privileges of consular officers, concluded this day at Washington.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 9, 1880_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report, dated on the 9th instant, from the
+Secretary of State, with the accompanying papers, in answer to
+a resolution of the House of Representatives of the 25th ultimo,
+requesting the President to transmit to that body, if not deemed
+incompatible with the public interest, copies of such dispatches
+as have recently been received by the Secretary of State from the
+consul-general at Shanghai upon the subject of slavery in China and
+those portions of the penal code of China which forbid expatriation.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 12, 1880_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of March 2,
+1880, requesting the Secretary of State to communicate to the House
+certain information in relation to the publication and circulation of
+commercial reports, I transmit herewith a report from the Secretary of
+State, with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 29, 1880_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 29th of
+January, 1880, calling for information in relation to the awards of
+the mixed commission organized under the provisions of the treaty of
+April 25, 1866, between the United States and Venezuela, I transmit
+herewith a report from the Secretary of State upon the subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _April 12, 1880_.
+
+_To the House of Representatives_:
+
+In response to the resolution of the House of Representatives of the
+12th of February last, on the subject of negotiations concerning the
+immigration of Chinese to the United States, I transmit a report of
+the Secretary of State, to whom the matter was referred.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _April 15, 1880_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of the 27th of February
+last, concerning the action had by the Executive with respect to the
+investigation of certain cases in which awards were made by the late
+United States and Mexican Commission, I transmit herewith a report of
+the Secretary of State, to whom the matter was referred.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, D.C., April 16, 1880_.
+
+_To the House of Representatives_:
+
+The board for testing iron, steel, and other metals, appointed under
+the authority of "An act making appropriations for sundry civil
+expenses of the Government for the fiscal year ending June 30, 1876,
+and for other purposes," contracted with Mr. A.H. Emery, of New York,
+for a testing machine, to be paid out of the appropriation made for
+the purpose. That machine has been completed and accepted, and is now
+in position at the Watertown Arsenal, Mass. It is spoken of by the
+members composing the late board as the most perfect and reliable
+machine in the world, embodying new mechanical principles and
+combinations not heretofore used in any other constructions.
+
+In designing, perfecting, and making this machine the contractor
+has expended large sums of money over and above the contract
+price, besides giving years of labor, for which he has received no
+compensation. He now appeals to Congress for relief, and the papers
+herewith exhibit a case that calls for Congressional action. It is
+respectfully submitted to the House of Representatives, recommending
+speedy and favorable consideration.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _April 22, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to inform Congress that Mr. J. Randolph Coolidge,
+Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
+Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,
+jr., desire to present to the United States the desk on which the
+Declaration of Independence was written. It bears the following
+inscription in the handwriting of Thomas Jefferson:
+
+ Thomas Jefferson gives this writing desk to Joseph Coolidge,
+ jr., as a memorial of his affection. It was made from
+ a drawing of his own, by Ben. Randall, cabinetmaker of
+ Philadelphia, with whom he first lodged on his arrival in that
+ city in May, 1776, and is the identical one on which he wrote
+ the Declaration of Independence.
+
+ Politics, as well as religion, has its superstitions. These,
+ gaining strength with time, may one day give imaginary value
+ to this relic for its association with the birth of the great
+ charter of our independence.
+
+ Monticello, _November 18, 1825_.
+
+
+The desk was placed in my possession by Hon. Robert C. Winthrop, and
+is herewith transmitted to Congress with the letter of Mr. Winthrop
+expressing the wish of the donors "to offer it to the United States,
+so that it may henceforth have a place in the Department of State in
+connection with the immortal instrument which was written upon it in
+1776."
+
+I respectfully recommend that such action be taken by Congress as
+may be deemed appropriate with reference to a gift to the nation
+so precious in its history and for the memorable associations which
+belong to it.
+
+RUTHERFORD B. HAYES.
+
+
+
+WASHINGTON, D.C., _April 14, 1880_.
+
+His Excellency RUTHERFORD B. HAYES,
+ _President of the United States_.
+
+MY DEAR SIR: I have been privileged to bring with me from Boston, as a
+present to the United States, a very precious historical relic. It is
+the little desk on which Mr. Jefferson wrote the original draft of the
+Declaration of Independence.
+
+This desk was given by Mr. Jefferson himself to my friend, the late
+Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's
+granddaughter, Miss Randolph, and it bears an autograph inscription
+of singular interest, written by the illustrious author of the
+Declaration in the very last year of his life.
+
+On the recent death of Mr. Coolidge, whose wife had died a year or
+two previously, the desk became the property of their children, Mr.
+J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson
+Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to
+the United States, so that it may henceforth have a place in the
+Department of State in connection with the immortal instrument which
+was written upon it in 1776.
+
+They have done me the honor to make me the medium of this
+distinguished gift, and I ask permission to place it in the hands of
+the Chief Magistrate of the nation in their name and at their request.
+
+Believe me, dear Mr. President, with the highest respect, very
+faithfully, your obedient servant,
+
+ROBT. C. WINTHROP.
+
+
+
+WASHINGTON, _May 13, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, in response to their resolution of
+the 24th of March last, in relation to the fulfillment of the ninth
+article of the treaty of 1819 between the United States and Spain, a
+report of the Secretary of State on the correspondence asked for by
+the resolution, with its accompanying documents, and in connection
+therewith a previous report from the Secretary of State and an opinion
+of the Attorney-General on the subject of the East Florida claims.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 17, 1880_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+the 27th ultimo, calling for copies of the correspondence with the
+Government of Great Britain in regard to the alleged outrage upon
+American fishermen at Fortune Bay, in the Province of Newfoundland,
+I transmit herewith the correspondence called for and a report from
+the Secretary of State on the subject.
+
+In transmitting this correspondence and the report I respectfully
+ask the immediate and careful attention of Congress to the failure
+of accord between the two Governments as to the interpretation and
+execution of the fishery articles of the treaty of Washington, as
+disclosed in this correspondence and elucidated by the exposition of
+the subject by the Secretary of State.
+
+I concur in the opinions of this report as to the measures proper to
+be taken by this Government in maintenance of the rights accorded to
+our fishermen by the British concession of the treaty and in providing
+for suitable action toward securing an indemnity for the injury these
+interests have already suffered.
+
+Accordingly, I recommend to Congress the adoption of these measures,
+with such attendant details of legislation as in the wisdom of
+Congress shall seem expedient.
+
+R.B. HAYES.
+
+[The same message was sent to the Senate, in answer to a resolution of
+that body of April 28.]
+
+
+
+WASHINGTON, _May 24, 1880_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, the accompanying convention for the extradition of
+criminals, concluded between the United States and the Government of
+His Majesty the King of the Netherlands on the 22d instant.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _May 25, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a communication from the
+Secretary of the Interior, with reference to the agreement made with
+the chiefs of the Ute Indians recently in Washington, a copy of which
+was submitted to Congress on the 9th of March last.
+
+The special and immediate attention of Congress to the imminent danger
+attending the postponement of appropriate legislation to carry into
+effect the stipulations of this agreement is earnestly solicited.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 5, 1880_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 31st ultimo,
+requesting the President "to communicate to the Senate whether any
+supervisor or supervisors of the census appointed by and with the
+advice and consent of the Senate have been removed from office by
+him or with his consent," etc., I transmit herewith a report from the
+Secretary of the Interior.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _May 4, 1880_.
+
+_To the House of Representatives_:
+
+After mature consideration of the bill entitled "An act making
+appropriations to supply certain deficiencies in the appropriations
+for the service of the Government for the fiscal year ending June
+30, 1880, and for other purposes," I return it to the House of
+Representatives, in which it originated, with my objections to its
+passage.
+
+The bill appropriates about $8,000,000, of which over $600,000 is for
+the payment of the fees of United States marshals and of the general
+and special deputy marshals earned during the current fiscal year,
+and their incidental expenses. The appropriations made in the bill are
+needed to carry on the operations of the Government and to fulfill its
+obligations for the payment of money long since due to its officers
+for services and expenses essential to the execution of their
+duties under the laws of the United States. The necessity for these
+appropriations is so urgent and they have been already so long
+delayed that if the bill before me contained no permanent or general
+legislation unconnected with these appropriations it would receive
+my prompt approval. It contains, however, provisions which materially
+change, and by implication repeal, important parts of the laws for the
+regulation of the United States elections. These laws have for several
+years past been the subject of vehement political controversy, and
+have been denounced as unnecessary, oppressive, and unconstitutional.
+On the other hand, it has been maintained with equal zeal and
+earnestness that the election laws are indispensable to fair and
+lawful elections, and are clearly warranted by the Constitution.
+Under these circumstances, to attempt in an appropriation bill the
+modification or repeal of these laws is to annex a condition to the
+passage of needed and proper appropriations, which tends to deprive
+the Executive of that equal and independent exercise of discretion and
+judgment which the Constitution contemplates.
+
+The objection to the bill, therefore, to which I respectfully ask your
+attention is that it gives a marked and deliberate sanction, attended
+by no circumstances of pressing necessity, to the questionable and,
+as I am clearly of opinion, the dangerous practice of tacking upon
+appropriation bills general and permanent legislation. This practice
+opens a wide door to hasty, inconsiderate, and sinister legislation.
+It invites attacks upon the independence and constitutional powers of
+the Executive by providing an easy and effective way of constraining
+Executive discretion. Although of late this practice has been resorted
+to by all political parties when clothed with power, it did not
+prevail until forty years after the adoption of the Constitution, and
+it is confidently believed that it is condemned by the enlightened
+judgment of the country. The States which have adopted new
+constitutions during the last quarter of a century have generally
+provided remedies for the evil. Many of them have enacted that no law
+shall contain more than one subject, which shall be plainly expressed
+in its title. The constitutions of more than half of the States
+contain substantially this provision, or some other of like intent and
+meaning. The public welfare will be promoted in many ways by a return
+to the early practice of the Government and to the true rule of
+legislation, which is that every measure should stand upon its own
+merits.
+
+I am firmly convinced that appropriation bills ought not to contain
+any legislation not relevant to the application or expenditure of the
+money thereby appropriated, and that by a strict adherence to this
+principle an important and much needed reform will be accomplished.
+
+Placing my objection to the bill on this feature of its frame,
+I forbear any comment upon the important general and permanent
+legislation which it contains, as matter for specific and independent
+consideration.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 15, 1880_.
+
+_To the Senate of the United States_:
+
+After mature consideration of the bill entitled "An act regulating the
+pay and appointment of deputy marshals," I am constrained to withhold
+from it my approval, and to return it to the Senate, in which it
+originated, with my objections to its passage.
+
+The laws now in force on the subject of the bill before me are
+contained in the following sections of the Revised Statutes:
+
+ SEC. 2021. Whenever an election at which Representatives or
+ Delegates in Congress are to be chosen is held in any city
+ or town of 20,000 inhabitants or upward, the marshal for the
+ district in which the city or town is situated shall, on the
+ application in writing of at least two citizens residing in
+ such city or town, appoint special deputy marshals, whose
+ duty it shall be, when required thereto, to aid and assist
+ the supervisors of election in the verification of any list
+ of persons who may have registered or voted; to attend in each
+ election district or voting precinct at the times and places
+ fixed for the registration of voters, and at all times
+ or places when and where the registration may by law be
+ scrutinized and the names of registered voters be marked
+ for challenge; and also to attend, at all times for holding
+ elections, the polls in such district or precinct.
+
+ SEC. 2022. The marshal and his general deputies, and such
+ special deputies, shall keep the peace and support and protect
+ the supervisors of election in the discharge of their duties,
+ preserve order at such places of registration and at such
+ polls, prevent fraudulent registration and fraudulent voting
+ thereat, or fraudulent conduct on the part of any officer of
+ election, and immediately, either at the place of registration
+ or polling place, or elsewhere, and either before or after
+ registering or voting, to arrest and take into custody, with
+ or without process, any person who commits, or attempts or
+ offers to commit, any of the acts or offenses prohibited
+ herein, or who commits any offense against the laws of the
+ United States; but no person shall be arrested without process
+ for any offense not committed in the presence of the marshal
+ or his general or special deputies, or either of them, or of
+ the supervisors of election, or either of them; and for
+ the purposes of arrest or the preservation of the peace the
+ supervisors of election shall, in the absence of the marshal's
+ deputies, or if required to assist such deputies, have the
+ same duties and powers as deputy marshals; nor shall any
+ person, on the day of such election, be arrested without
+ process for any offense committed on the day of registration.
+
+ SEC. 2023. Whenever any arrest is made under any provision of
+ this title, the person so arrested shall forthwith be brought
+ before a commissioner, judge, or court of the United States
+ for examination of the offenses alleged against him; and such
+ commissioner, judge, or court shall proceed in respect thereto
+ as authorized by law in case of crimes against the United
+ States.
+
+ SEC. 2024. The marshal or his general deputies, or such
+ special deputies as are thereto specially empowered by him in
+ writing, and under his hand and seal, whenever he or either
+ or any of them is forcibly resisted in executing their duties
+ under this title, or shall by violence, threats, or menaces
+ be prevented from executing such duties or from arresting any
+ person who has committed any offense for which the marshal
+ or his general or his special deputies are authorized to make
+ such arrest, are, and each of them is, empowered to summon
+ and call to his aid the bystanders or _posse comitatus_ of his
+ district.
+
+ SEC. 2028. No person shall be appointed a supervisor of
+ election or a deputy marshal under the preceding provisions
+ who is not at the time of his appointment a qualified voter of
+ the city, town, county, parish, election district, or voting
+ precinct in which his duties are to be performed.
+
+ SEC. 5521. If any person be appointed a supervisor of election
+ or a special deputy marshal under the provisions of title "The
+ elective franchise," and has taken the oath of office as such
+ supervisor of election or such special deputy marshal, and
+ thereafter neglects or refuses, without good and lawful
+ excuse, to perform and discharge fully the duties,
+ obligations, and requirements of such office until the
+ expiration of the term for which he was appointed, he shall
+ not only be subject to removal from office with loss of all
+ pay or emoluments, but shall be punished by imprisonment for
+ not less than six months nor more than one year, or by a fine
+ of not less than $200 and not more than $500, or by both fine
+ and imprisonment, and shall pay the costs of prosecution.
+
+ SEC. 5522. Every person, whether with or without any
+ authority, power, or process, or pretended authority, power,
+ or process, of any State, Territory, or municipality, who
+ obstructs, hinders, assaults, or by bribery, solicitation,
+ or otherwise interferes with or prevents the supervisors of
+ election, or either of them, or the marshal or his general or
+ special deputies, or either of them, in the performance of any
+ duty required of them, or either of them, or which he or they,
+ or either of them, may be authorized to perform by any law of
+ the United States, in the execution of process or otherwise,
+ or who by any of the means before mentioned hinders or
+ prevents the free attendance and presence at such places of
+ registration, or at such polls of election, or full and free
+ access and egress to and from any such place of registration
+ or poll of election, or in going to and from any such place
+ of registration or poll of election, or to and from any room
+ where any such registration or election or canvass of votes,
+ or of making any returns or certificates thereof, may be had,
+ or who molests, interferes with, removes, or ejects from
+ any such place of registration or poll of election, or
+ of canvassing votes cast thereat, or of making returns or
+ certificates thereof, any supervisor of election, the marshal
+ or his general or special deputies, or either of them, or
+ who threatens, or attempts or offers so to do, or refuses or
+ neglects to aid and assist any supervisor of election, or the
+ marshal or his general or special deputies, or either of them,
+ in the performance of his or their duties, when required
+ by him or them, or either of them, to give such aid and
+ assistance, shall be liable to instant arrest without process,
+ and shall be punished by imprisonment not more than two years,
+ or by a fine of not more than $3,000, or by both such fine and
+ imprisonment, and shall pay the cost of the prosecution.
+
+
+The Supreme Court of the United States, in the recent case of _Ex
+parte_ Siebold and others, decided at the October term, 1879, on
+the question raised in the case as to the constitutionality of the
+sections of the Revised Statutes above quoted, uses the following
+language:
+
+ These portions of the Revised Statutes are taken from the act
+ commonly known as the enforcement act, approved May 31, 1870,
+ and entitled "An act to enforce the right of citizens of the
+ United States to vote in the several States of this Union,
+ and for other purposes," and from the supplement to that
+ act, approved February 28, 1871. They relate to elections of
+ members of the House of Representatives, and were an assertion
+ on the part of Congress of a power to pass laws for regulating
+ and superintending said elections and for securing the purity
+ thereof and the rights of citizens to vote thereat peaceably
+ and without molestation.
+
+ It must be conceded to be a most important power, and of a
+ fundamental character. In the light of recent history and of
+ the violence, fraud, corruption, and irregularity which have
+ frequently prevailed at such elections, it may easily be
+ conceived that the exertion of the power, if it exists, may be
+ necessary to the stability of our form of government.
+
+ The greatest difficulty in coming to a just conclusion arises
+ from mistaken notions with regard to the relations which
+ subsist between the State and National Governments. * * *
+
+ It seems to be often overlooked that a national constitution
+ has been adopted in this country, establishing a real
+ government therein, operating upon persons and territory and
+ things, and which, moreover, is, or should be, as dear to
+ every American citizen as his State government is. Whenever
+ the true conception of the nature of this Government is
+ once conceded, no real difficulty will arise in the just
+ interpretation of its powers; but if we allow ourselves to
+ regard it as a hostile organization, opposed to the proper
+ sovereignty and dignity of the State governments, we shall
+ continue to be vexed with difficulties as to its jurisdiction
+ and authority. No greater jealousy is required to be exercised
+ toward this Government in reference to the preservation of
+ our liberties than is proper to be exercised toward the State
+ governments. Its powers are limited in number and clearly
+ defined, and its action within the scope of those powers is
+ restrained by a sufficiently rigid bill of rights for the
+ protection of its citizens from oppression. The true interests
+ of the people of this country require that both the National
+ and State Governments should be allowed, without jealous
+ interference on either side, to exercise all the powers which
+ respectively belong to them according to a fair and practical
+ construction of the Constitution. State rights and the rights
+ of the United States should be equally respected. Both
+ are essential to the preservation of our liberties and
+ the perpetuity of our institutions. But in endeavoring to
+ vindicate the one we should not allow our zeal to nullify or
+ impair the other. * * *
+
+ The true doctrine, as we conceive, is this, that while the
+ States are really sovereign as to all matters which have not
+ been granted to the jurisdiction and control of the United
+ States, the Constitution and constitutional laws of the latter
+ are, as we have already said, the supreme law of the land,
+ and when they conflict with the laws of the States they are
+ of paramount authority and obligation. This is the fundamental
+ principle on which the authority of the Constitution is based,
+ and unless it be conceded in practice as well as theory the
+ fabric of our institutions, as it was contemplated by its
+ founders, can not stand. The questions involved have respect
+ not more to the autonomy and existence of the States than to
+ the continued existence of the United States as a government
+ to which every American citizen may look for security and
+ protection in every part of the land. * * *
+
+ Why do we have marshals at all if they can not physically lay
+ their hands on persons and things in the performance of their
+ proper duties? What functions can they perform if they can not
+ use force? In executing the process of the courts must they
+ call on the nearest constable for protection? Must they rely
+ on him to use the requisite compulsion and to keep the peace
+ while they are soliciting and entreating the parties and
+ bystanders to allow the law to take its course? This is the
+ necessary consequence of the positions that are assumed. If
+ we indulge in such impracticable views as these, and keep
+ on refining and re-refining, we shall drive the National
+ Government out of the United States and relegate it to the
+ District of Columbia, or perhaps to some foreign soil. We
+ shall bring it back to a condition of greater helplessness
+ than that of the old Confederation.
+
+ The argument is based on a strained and impracticable view
+ of the nature and powers of the National Government. It must
+ execute its powers or it is no government. It must execute
+ them on the land as well as on the sea, on things as well as
+ on persons. And to do this it must necessarily have power to
+ command obedience, preserve order, and keep the peace; and
+ no person or power in this land has the right to resist or
+ question its authority so long as it keeps within the bounds
+ of its jurisdiction.
+
+
+I have deemed it fitting and proper to quote thus largely from an
+important and elaborate opinion of the Supreme Court because the bill
+before me proceeds upon a construction of the Constitution as to the
+powers of the National Government which is in direct conflict with the
+judgment of the highest judicial tribunal of our country.
+
+Under the sections of the present law above quoted officers of the
+United States are authorized, and it is their duty in the case of
+Congressional elections, to keep the peace at the polls and at the
+places of registration; to arrest immediately any person who is guilty
+of crimes against the United States election laws; to protect all
+officers of elections in the performance of their duties; and
+whenever an arrest is made to bring the person so arrested before a
+commissioner, judge, or court of the United States for examination of
+the offenses alleged against him. "Such special deputy marshals as are
+specially empowered thereto by the marshal in writing," if forcibly
+resisted, may call to their aid the bystanders or _posse comitatus_.
+It is made a crime punishable with fine or imprisonment to hinder,
+assault, or otherwise interfere with the marshal or "his special
+deputies," or to threaten or to attempt so to do. If any person
+appointed such special deputy marshal has taken the oath of office and
+thereafter neglects or refuses to fully discharge the duties of such
+office, he is punishable not only by removal from office, but by fine
+and imprisonment. The functions of the special deputy marshals
+now provided for by law being executive, they are placed under the
+authority of the well-known chief executive officer of the courts
+of the United States. They are in fact, and not merely in name, the
+deputies of the marshal, and he and his bondsmen are responsible for
+them. A civil force for the execution of the law is thus instituted in
+accordance with long-established and familiar usage, which is simple,
+effective, and under a responsible head. The necessity for the
+possession of these powers by appropriate officers will not be called
+in question by intelligent citizens who appreciate the importance of
+peaceable, orderly, and lawful elections. Similar powers are conferred
+and exercised under State laws with respect to State elections. The
+executive officers of the United States under the existing laws have
+no other or greater power to supervise and control the conduct of the
+Congressional elections than the State executive officers exercise in
+regard to State elections.
+
+The bill before me changes completely the present law by substituting
+for the special deputy marshals of the existing statutes new officers
+hitherto unknown to the law, and who lack the power, responsibility,
+and protection which are essential to enable them to act efficiently
+as executive officers.
+
+The bill under consideration is as follows:
+
+ _Be it enacted by the Senate and House of Representatives of
+ the United States of America in Congress assembled_, That
+ from and after the passage of this act the pay of all deputy
+ marshals for services in reference to any election shall be $5
+ for each day of actual service, and no more.
+
+ SEC. 2. That all deputy marshals to serve in reference to any
+ election shall be appointed by the circuit court of the United
+ States for the district in which such marshals are to perform
+ their duties in each year; and the judges of the several
+ circuit courts of the United States are hereby authorized to
+ open their respective courts at any time for that purpose; and
+ in case the circuit courts shall not be open for that purpose
+ at least ten days prior to a registration, if there be one,
+ or, if no registration be required, then at least ten days
+ before such election, the judges of the district courts of
+ the United States are hereby respectively authorized to cause
+ their courts to be opened for the purpose of appointing such
+ deputy marshals, who shall be appointed by the said district
+ courts; and the officers so appointed shall be in equal
+ numbers from the different political parties, and shall be
+ well-known citizens, of good moral character, and actual
+ residents of the voting precincts in which their duties are
+ to be performed, and shall not be candidates for any office
+ at such election; and all laws and parts of laws inconsistent
+ with this act are hereby repealed: _Provided_, That the
+ marshals of the United States for whom deputies shall be
+ appointed by the court under this act shall not be liable for
+ any of the acts of such deputies.
+
+
+It will be observed that the deputy marshals proposed by the bill
+before me are distinctly different officers from the special deputies
+of the marshal, as such officers are now provided for in the statutes.
+This bill does not connect the new officers with the existing laws
+relating to special deputy marshals so as to invest the proposed
+deputy marshals with the same powers, to impose upon them the same
+duties, and to give them the same protection by means of the criminal
+laws. When new officers are created, distinct in character and
+appointed by different authority, although similar in name to
+officers already provided for, such officers are not held by similar
+responsibilities to the criminal law, do not possess the same powers,
+and are not similarly protected unless it is expressly so provided by
+legislation.
+
+The so-called deputy marshals provided for in this bill will have no
+executive head. The marshal can neither appoint nor remove them. He
+can not control them, and he is not responsible for them. They will
+have no authority to call to their aid, if resisted, the _posse
+comitatus_. They are protected by no criminal statutes in the
+performance of their duties. An assault upon one of these deputies
+with the intent to prevent a lawful election will be no more than an
+ordinary assault upon any other citizen. They can not keep the peace.
+They can not make arrests when crimes are committed in their presence.
+Whatever powers they have are confined to the precincts in which they
+reside. Outside of the precincts for which they are appointed the
+deputy marshals of this bill can not keep the peace, make arrests,
+hold prisoners, take prisoners before a proper tribunal for hearing,
+nor perform any other duty. No oaths of office are required of them,
+and they give no bond. They have no superior who is responsible for
+them, and they are not punishable for neglect of duty or misconduct in
+office. In all these respects this bill makes a radical change between
+the powers of the United States officers at national elections and the
+powers uniformly possessed and exercised by State officers at State
+elections. This discrimination against the authority of the United
+States is a departure from the usage of the Government established by
+precedents beginning with the earliest statutes on the subject, and
+violates the true principles of the Constitution. The Supreme Court,
+in the decision already referred to, says:
+
+ It is argued that the preservation of peace and good order in
+ society is not within the powers confided to the Government of
+ the United States, but belongs exclusively to the States. Here
+ again we are met with the theory that the Government of the
+ United States does not rest upon the soil and territory of
+ the country. We think that this theory is founded on an entire
+ misconception of the nature and powers of that Government.
+ We hold it to be an incontrovertible principle that the
+ Government of the United States may, by means of physical
+ force, exercised through its official agents, execute on every
+ foot of American soil the powers and functions that belong to
+ it. This necessarily involves the power to command obedience
+ to its laws, and hence the power to keep the peace to that
+ extent.
+
+ This power to enforce its laws and to execute its functions
+ in all places does not derogate from the power of the State to
+ execute its laws at the same time and in the same places. The
+ one does not exclude the other, except where both can not
+ be executed at the same time. In that case the words of the
+ Constitution itself show which is to yield. "This Constitution
+ and all laws which shall be made in pursuance thereof * * *
+ shall be the supreme law of the land."
+
+
+In conclusion it is proper to say that no objection would be made to
+the appointment of officers to act with reference to the elections by
+the courts of the United States, and that I am in favor of appointing
+officers to supervise and protect the elections without regard to
+party; but the bill before me, while it recognizes the power and duty
+of the United States to provide officers to guard and scrutinize the
+Congressional elections, fails to adapt its provisions to the existing
+laws so as to secure efficient supervision and protection. It is
+therefore returned to the Senate, in which it originated, for that
+further consideration which is contemplated by the Constitution.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have within the territory and jurisdiction of the United States begun
+and set on foot preparations for an organized and forcible possession
+of and settlement upon the lands of what is known as the Indian
+Territory, west of the State of Arkansas, which Territory is
+designated, recognized, and described by the treaties and laws of the
+United States and by the executive authorities as Indian country, and
+as such is only subject to occupation by Indian tribes, officers of
+the Indian Department, military posts, and such persons as may be
+privileged to reside and trade therein under the intercourse laws of
+the United States; and
+
+Whereas those laws provide for the removal of all persons residing and
+trading therein without express permission of the Indian Department
+and agents, and also of all persons whom such agents may deem to be
+improper persons to reside in the Indian country; and
+
+Whereas, in aid and support of such organized movement, it has been
+represented that no further action will be taken by the Government to
+prevent persons from going into said territory and settling therein,
+but such representations are wholly without authority:
+
+Now, therefore, for the purpose of properly protecting the interests
+of the Indian nations and tribes, as well as of the United States, in
+said Indian Territory, and of duly enforcing the laws governing the
+same, I, Rutherford B. Hayes, President of the United States, do
+admonish and warn all such persons so intending or preparing to remove
+upon said lands or into said Territory without permission of the
+proper agent of the Indian Department against any attempt to so remove
+or settle upon any of the lands of said Territory; and I do further
+warn and notify any and all such persons who may so offend that they
+will be speedily and immediately removed therefrom by the agent,
+according to the laws made and provided, and that no efforts will be
+spared to prevent the invasion of said Territory, rumors spread
+by evil-disposed persons to the contrary notwithstanding; and if
+necessary the aid and assistance of the military forces of the United
+States will be invoked to carry into proper execution the laws of the
+United States herein referred to.
+
+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 February, A.D. 1880,
+and of the Independence of the United States the one hundred and
+fourth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+At no period in their history since the United States became a nation
+has this people had so abundant and so universal reasons for joy and
+gratitude at the favor of Almighty God or been subject to so profound
+an obligation to give thanks for His loving kindness and humbly to
+implore His continued care and protection.
+
+Health, wealth, and prosperity throughout all our borders; peace,
+honor, and friendship with all the world; firm and faithful adherence
+by the great body of our population to the principles of liberty and
+justice which have made our greatness as a nation, and to the wise
+institutions and strong frame of government and society which will
+perpetuate it--for all these let the thanks of a happy and united
+people, as with one voice, ascend in devout homage to the Giver of All
+Good.
+
+I therefore recommend that on Thursday, the 25th 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 1st day of November, A.D. 1880,
+and of the Independence of the United States the one hundred and
+fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas satisfactory evidence has been given to me by the Government
+of His Majesty the Emperor of China that no discriminating duties of
+tonnage or imposts are imposed or levied in the ports of that nation
+upon vessels wholly belonging to citizens of the United States, or
+upon the produce, manufactures, or merchandise imported in the same:
+
+Therefore, I, Rutherford B. Hayes, President of the United States of
+America, by virtue of the authority in me vested by law, do hereby
+declare and proclaim that the foreign discriminating duties of tonnage
+and impost within the United States are and shall be suspended and
+discontinued so far as respects the vessels of China and the produce,
+manufactures, and merchandise imported therein into the United
+States from China, or from any other foreign country, so long as
+the exemption aforesaid on the part of China of vessels belonging to
+citizens of the United States and their cargoes shall be continued and
+no longer.
+
+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 23d day of November, A.D. 1880,
+and of the Independence of the United States of America the one
+hundred and fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+[From the Evening Star, Washington, D.C., May 27, 1880.]
+
+EXECUTIVE MANSION, _Washington, D.C., May 27, 1880_.
+
+DEAR SIR:[41] I am directed by the President to say that the several
+Departments of the Government will be closed on Saturday, the 29th
+instant, in remembrance of those who fell in defense of the nation,
+and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+ W.K. ROGERS,
+ _Private Secretary_.
+
+[Footnote 41: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 6, 1880_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+I congratulate you on the continued and increasing prosperity of our
+country. By the favor of Divine Providence we have been blessed during
+the past year with health, with abundant harvests, with profitable
+employment for all our people, and with contentment at home, and
+with peace and friendship with other nations. The occurrence of
+the twenty-fourth election of Chief Magistrate has afforded another
+opportunity to the people of the United States to exhibit to the world
+a significant example of the peaceful and safe transmission of the
+power and authority of government from the public servants whose terms
+of office are about to expire to their newly chosen successors. This
+example can not fail to impress profoundly thoughtful people of other
+countries with the advantages which republican institutions afford.
+The immediate, general, and cheerful acquiescence of all good citizens
+in the result of the election gives gratifying assurance to our
+country and to its friends throughout the world that a government
+based on the free consent of an intelligent and patriotic people
+possesses elements of strength, stability, and permanency not found in
+any other form of government.
+
+Continued opposition to the full and free enjoyment of the rights of
+citizenship conferred upon the colored people by the recent amendments
+to the Constitution still prevails in several of the late slaveholding
+States. It has, perhaps, not been manifested in the recent election to
+any large extent in acts of violence or intimidation. It has, however,
+by fraudulent practices in connection with the ballots, with the
+regulations as to the places and manner of voting, and with counting,
+returning, and canvassing the votes cast, been successful in defeating
+the exercise of the right preservative of all rights--the right
+of suffrage--which the Constitution expressly confers upon our
+enfranchised citizens.
+
+It is the desire of the good people of the whole country that
+sectionalism as a factor in our politics should disappear. They prefer
+that no section of the country should be united in solid opposition
+to any other section. The disposition to refuse a prompt and hearty
+obedience to the equal-rights amendments to the Constitution is all
+that now stands in the way of a complete obliteration of sectional
+lines in our political contests. As long as either of these amendments
+is flagrantly violated or disregarded, it is safe to assume that
+the people who placed them in the Constitution, as embodying the
+legitimate results of the war for the Union, and who believe them to
+be wise and necessary, will continue to act together and to insist
+that they shall be obeyed. The paramount question still is as to the
+enjoyment of the right by every American citizen who has the requisite
+qualifications to freely cast his vote and to have it honestly
+counted. With this question rightly settled, the country will be
+relieved of the contentions of the past; bygones will indeed be
+bygones, and political and party issues, with respect to economy
+and efficiency of administration, internal improvements, the tariff,
+domestic taxation, education, finance, and other important subjects,
+will then receive their full share of attention; but resistance to
+and nullification of the results of the war will unite together in
+resolute purpose for their support all who maintain the authority of
+the Government and the perpetuity of the Union, and who adequately
+appreciate the value of the victory achieved. This determination
+proceeds from no hostile sentiment or feeling to any part of the
+people of our country or to any of their interests. The inviolability
+of the amendments rests upon the fundamental principle of our
+Government. They are the solemn expression of the will of the people
+of the United States.
+
+The sentiment that the constitutional rights of all our citizens must
+be maintained does not grow weaker. It will continue to control the
+Government of the country. Happily, the history of the late election
+shows that in many parts of the country where opposition to the
+fifteenth amendment has heretofore prevailed it is diminishing, and is
+likely to cease altogether if firm and well-considered action is taken
+by Congress. I trust the House of Representatives and the Senate,
+which have the right to judge of the elections, returns, and
+qualifications of their own members, will see to it that every case
+of violation of the letter or spirit of the fifteenth amendment is
+thoroughly investigated, and that no benefit from such violation shall
+accrue to any person or party. It will be the duty of the Executive,
+with sufficient appropriations for the purpose, to prosecute
+unsparingly all who have been engaged in depriving citizens of the
+rights guaranteed to them by the Constitution.
+
+It is not, however, to be forgotten that the best and surest guaranty
+of the primary rights of citizenship is to be found in that capacity
+for self-protection which can belong only to a people whose right to
+universal suffrage is supported by universal education. The means
+at the command of the local and State authorities are in many cases
+wholly inadequate to furnish free instruction to all who need it.
+This is especially true where before emancipation the education of the
+people was neglected or prevented, in the interest of slavery. Firmly
+convinced that the subject of popular education deserves the earnest
+attention of the people of the whole country, with a view to wise
+and comprehensive action by the Government of the United States, I
+respectfully recommend that Congress, by suitable legislation and
+with proper safeguards, supplement the local educational funds in
+the several States where the grave duties and responsibilities of
+citizenship have been devolved on uneducated people by devoting to
+the purpose grants of the public lands and, if necessary, by
+appropriations from the Treasury of the United States. Whatever
+Government can fairly do to promote free popular education ought to be
+done. Wherever general education is found, peace, virtue, and social
+order prevail and civil and religious liberty are secure.
+
+In my former annual messages I have asked the attention of Congress to
+the urgent necessity of a reformation of the civil-service system
+of the Government. My views concerning the dangers of patronage,
+or appointments for personal or partisan considerations, have been
+strengthened by my observation and experience in the Executive office,
+and I believe these dangers threaten the stability of the Government.
+Abuses so serious in their nature can not be permanently tolerated.
+They tend to become more alarming with the enlargement of
+administrative service, as the growth of the country in population
+increases the number of officers and placemen employed.
+
+The reasons are imperative for the adoption of fixed rules for the
+regulation of appointments, promotions, and removals, establishing
+a uniform method having exclusively in view in every instance the
+attainment of the best qualifications for the position in question.
+Such a method alone is consistent with the equal rights of all
+citizens and the most economical and efficient administration of the
+public business.
+
+Competitive examinations in aid of impartial appointments and
+promotions have been conducted for some years past in several of
+the Executive Departments, and by my direction this system has been
+adopted in the custom-houses and post-offices of the larger cities of
+the country. In the city of New York over 2,000 positions in the civil
+service have been subject in their appointments and tenure of place to
+the operation of published rules for this purpose during the past
+two years. The results of these practical trials have been very
+satisfactory, and have confirmed my opinion in favor of this system of
+selection. All are subjected to the same tests, and the result is free
+from prejudice by personal favor or partisan influence. It secures for
+the position applied for the best qualifications attainable among the
+competing applicants. It is an effectual protection from the pressure
+of importunity, which under any other course pursued largely exacts
+the time and attention of appointing officers, to their great
+detriment in the discharge of other official duties, preventing the
+abuse of the service for the mere furtherance of private or party
+purposes, and leaving the employee of the Government, freed from the
+obligations imposed by patronage, to depend solely upon merit for
+retention and advancement, and with this constant incentive to
+exertion and improvement.
+
+These invaluable results have been attained in a high degree in the
+offices where the rules for appointment by competitive examination
+have been applied.
+
+A method which has so approved itself by experimental tests at
+points where such tests may be fairly considered conclusive should be
+extended to all subordinate positions under the Government. I believe
+that a strong and growing public sentiment demands immediate measures
+for securing and enforcing the highest possible efficiency in the
+civil service and its protection from recognized abuses, and that
+the experience referred to has demonstrated the feasibility of such
+measures.
+
+The examinations in the custom-houses and post-offices have been held
+under many embarrassments and without provision for compensation for
+the extra labor performed by the officers who have conducted them, and
+whose commendable interest in the improvement of the public service
+has induced this devotion of time and labor without pecuniary reward.
+A continuance of these labors gratuitously ought not to be expected,
+and without an appropriation by Congress for compensation it is not
+practicable to extend the system of examinations generally throughout
+the civil service. It is also highly important that all such
+examinations should be conducted upon a uniform system and under
+general supervision. Section 1753 of the Revised Statutes authorizes
+the President to prescribe the regulations for admission to the civil
+service of the United States, and for this purpose to employ suitable
+persons to conduct the requisite inquiries with reference to "the
+fitness of each candidate, in respect to age, health, character,
+knowledge, and ability for the branch of service into which he seeks
+to enter;" but the law is practically inoperative for want of the
+requisite appropriation.
+
+I therefore recommend an appropriation of $25,000 per annum to meet
+the expenses of a commission, to be appointed by the President in
+accordance with the terms of this section, whose duty it shall be
+to devise a just, uniform, and efficient system of competitive
+examinations and to supervise the application of the same throughout
+the entire civil service of the Government. I am persuaded that the
+facilities which such a commission will afford for testing the fitness
+of those who apply for office will not only be as welcome a relief
+to members of Congress as it will be to the President and heads of
+Departments, but that it will also greatly tend to remove the causes
+of embarrassment which now inevitably and constantly attend the
+conflicting claims of patronage between the legislative and executive
+departments. The most effectual check upon the pernicious competition
+of influence and official favoritism in the bestowal of office will
+be the substitution of an open competition of merit between the
+applicants, in which everyone can make his own record with the
+assurance that his success will depend upon this alone.
+
+I also recommend such legislation as, while leaving every officer as
+free as any other citizen to express his political opinions and to use
+his means for their advancement, shall also enable him to feel as safe
+as any private citizen in refusing all demands upon his salary for
+political purposes. A law which should thus guarantee true liberty
+and justice to all who are engaged in the public service, and likewise
+contain stringent provisions against the use of official authority
+to coerce the political action of private citizens or of official
+subordinates, is greatly to be desired.
+
+The most serious obstacle, however, to an improvement of the civil
+service, and especially to a reform in the method of appointment and
+removal, has been found to be the practice, under what is known as
+the spoils system, by which the appointing power has been so largely
+encroached upon by members of Congress. The first step in the reform
+of the civil service must be a complete divorce between Congress and
+the Executive in the matter of appointments. The corrupting
+doctrine that "to the victors belong the spoils" is inseparable
+from Congressional patronage as the established rule and practice of
+parties in power. It comes to be understood by applicants for office
+and by the people generally that Representatives and Senators are
+entitled to disburse the patronage of their respective districts and
+States. It is not necessary to recite at length the evils resulting
+from this invasion of the Executive functions. The true principles of
+Government on the subject of appointments to office, as stated in the
+national conventions of the leading parties of the country, have again
+and again been approved by the American people, and have not been
+called in question in any quarter. These authentic expressions of
+public opinion upon this all-important subject are the statement
+of principles that belong to the constitutional structure of the
+Government.
+
+ Under the Constitution the President and heads of Departments
+ are to make nominations for office. The Senate is to advise
+ and consent to appointments, and the House of Representatives
+ is to accuse and prosecute faithless officers. The best
+ interest of the public service demands that these distinctions
+ be respected; that Senators and Representatives, who may
+ be judges and accusers, should not dictate appointments to
+ office.
+
+
+To this end the cooperation of the legislative department of the
+Government is required alike by the necessities of the case and by
+public opinion. Members of Congress will not be relieved from the
+demands made upon them with reference to appointments to office until
+by legislative enactment the pernicious practice is condemned and
+forbidden.
+
+It is therefore recommended that an act be passed defining the
+relations of members of Congress with respect to appointment to office
+by the President; and I also recommend that the provisions of section
+1767 and of the sections following of the Revised Statutes, comprising
+the tenure-of-office act of March 2, 1867, be repealed.
+
+Believing that to reform the system and methods of the civil service
+in our country is one of the highest and most imperative duties
+of statesmanship, and that it can be permanently done only by the
+cooperation of the legislative and executive departments of the
+Government, I again commend the whole subject to your considerate
+attention.
+
+It is the recognized duty and purpose of the people of the United
+States to suppress polygamy where it now exists in our Territories and
+to prevent its extension. Faithful and zealous efforts have been made
+by the United States authorities in Utah to enforce the laws against
+it. Experience has shown that the legislation upon this subject, to be
+effective, requires extensive modification and amendment. The longer
+action is delayed the more difficult it will be to accomplish what
+is desired. Prompt and decided measures are necessary. The Mormon
+sectarian organization which upholds polygamy has the whole power of
+making and executing the local legislation of the Territory. By its
+control of the grand and petit juries it possesses large influence
+over the administration of justice. Exercising, as the heads of this
+sect do, the local political power of the Territory, they are able to
+make effective their hostility to the law of Congress on the subject
+of polygamy, and, in fact, do prevent its enforcement. Polygamy will
+not be abolished if the enforcement of the law depends on those who
+practice and uphold the crime. It can only be suppressed by taking
+away the political power of the sect which encourages and sustains it.
+
+The power of Congress to enact suitable laws to protect the
+Territories is ample. It is not a case for halfway measures. The
+political power of the Mormon sect is increasing. It controls now
+one of our wealthiest and most populous Territories. It is extending
+steadily into other Territories. Wherever it goes it establishes
+polygamy and sectarian political power. The sanctity of marriage and
+the family relation are the corner stone of our American society and
+civilization. Religious liberty and the separation of church and state
+are among the elementary ideas of free institutions. To reestablish
+the interests and principles which polygamy and Mormonism have
+imperiled, and to fully reopen to intelligent and virtuous immigrants
+of all creeds that part of our domain which has been in a great degree
+closed to general immigration by intolerant and immoral institutions,
+it is recommended that the government of the Territory of Utah be
+reorganized.
+
+I recommend that Congress provide for the government of Utah by a
+governor and judges, or commissioners, appointed by the President and
+confirmed by the Senate--a government analogous to the provisional
+government established for the territory northwest of the Ohio by
+the ordinance of 1787. If, however, it is deemed best to continue the
+existing form of local government, I recommend that the right to vote,
+hold office, and sit on juries in the Territory of Utah be confined to
+those who neither practice nor uphold polygamy. If thorough measures
+are adopted, it is believed that within a few years the evils which
+now afflict Utah will be eradicated, and that this Territory will in
+good time become one of the most prosperous and attractive of the new
+States of the Union.
+
+Our relations with all foreign countries have been those of
+undisturbed peace, and have presented no occasion for concern as to
+their continued maintenance.
+
+My anticipation of an early reply from the British Government to the
+demand of indemnity to our fishermen for the injuries suffered by that
+industry at Fortune Bay in January, 1878, which I expressed in my last
+annual message, was disappointed. This answer was received only in the
+latter part of April in the present year, and when received exhibited
+a failure of accord between the two Governments as to the measure of
+the inshore fishing privilege secured to our fishermen by the treaty
+of Washington of so serious a character that I made it the subject of
+a communication to Congress, in which I recommended the adoption of
+the measures which seemed to me proper to be taken by this Government
+in maintenance of the rights accorded to our fishermen under the
+treaty and toward securing an indemnity for the injury these interests
+had suffered. A bill to carry out these recommendations was under
+consideration by the House of Representatives at the time of the
+adjournment of Congress in June last.
+
+Within a few weeks I have received a communication from Her Majesty's
+Government renewing the consideration of the subject, both of the
+indemnity for the injuries at Fortune Bay and of the interpretation
+of the treaty in which the previous correspondence had shown the two
+Governments to be at variance. Upon both these topics the disposition
+toward a friendly agreement is manifested by a recognition of our
+right to an indemnity for the transaction at Fortune Bay, leaving the
+measure of such indemnity to further conference, and by an assent to
+the view of this Government, presented in the previous correspondence,
+that the regulation of conflicting interests of the shore fishery
+of the provincial seacoasts and the vessel fishery of our fishermen
+should be made the subject of conference and concurrent arrangement
+between the two Governments.
+
+I sincerely hope that the basis may be found for a speedy adjustment
+of the very serious divergence of views in the interpretation of
+the fishery clauses of the treaty of Washington, which, as the
+correspondence between the two Governments stood at the close of the
+last session of Congress, seemed to be irreconcilable.
+
+In the important exhibition of arts and industries which was held last
+year at Sydney, New South Wales, as well as in that now in progress
+at Melbourne, the United States have been efficiently and honorably
+represented. The exhibitors from this country at the former place
+received a large number of awards in some of the most considerable
+departments, and the participation of the United States was recognized
+by a special mark of distinction. In the exhibition at Melbourne the
+share taken by our country is no less notable, and an equal degree of
+success is confidently expected.
+
+The state of peace and tranquillity now enjoyed by all the nations
+of the continent of Europe has its favorable influence upon our
+diplomatic and commercial relations with them. We have concluded and
+ratified a convention with the French Republic for the settlement of
+claims of the citizens of either country against the other. Under this
+convention a commission, presided over by a distinguished publicist,
+appointed in pursuance of the request of both nations by His Majesty
+the Emperor of Brazil, has been organized and has begun its sessions
+in this city. A congress to consider means for the protection of
+industrial property has recently been in session in Paris, to which
+I have appointed the ministers of the United States in France and in
+Belgium as delegates. The International Commission upon Weights and
+Measures also continues its work in Paris. I invite your attention to
+the necessity of an appropriation to be made in time to enable
+this Government to comply with its obligations under the metrical
+convention.
+
+Our friendly relations with the German Empire continue without
+interruption. At the recent International Exhibition of Fish
+and Fisheries at Berlin the participation of the United States,
+notwithstanding the haste with which the commission was forced to make
+its preparations, was extremely successful and meritorious, winning
+for private exhibitors numerous awards of a high class and for the
+country at large the principal prize of honor offered by His Majesty
+the Emperor. The results of this great success can not but be
+advantageous to this important and growing industry. There have been
+some questions raised between the two Governments as to the proper
+effect and interpretation of our treaties of naturalization, but
+recent dispatches from our minister at Berlin show that favorable
+progress is making toward an understanding in accordance with the
+views of this Government, which makes and admits no distinction
+whatever between the rights of a native and a naturalized citizen of
+the United States. In practice the complaints of molestation suffered
+by naturalized citizens abroad have never been fewer than at present.
+
+There is nothing of importance to note in our unbroken friendly
+relations with the Governments of Austria-Hungary, Russia, Portugal,
+Sweden and Norway, Switzerland, Turkey, and Greece.
+
+During the last summer several vessels belonging to the merchant
+marine of this country, sailing in neutral waters of the West Indies,
+were fired at, boarded, and searched by an armed cruiser of the
+Spanish Government. The circumstances as reported involve not only a
+private injury to the persons concerned, but also seemed too little
+observant of the friendly relations existing for a century between
+this country and Spain. The wrong was brought to the attention of
+the Spanish Government in a serious protest and remonstrance, and the
+matter is undergoing investigation by the royal authorities with a
+view to such explanation or reparation as may be called for by the
+facts.
+
+The commission sitting in this city for the adjudication of claims of
+our citizens against the Government of Spain is, I hope, approaching
+the termination of its labors.
+
+The claims against the United States under the Florida treaty with
+Spain were submitted to Congress for its action at the late session,
+and I again invite your attention to this long-standing question, with
+a view to a final disposition of the matter.
+
+At the invitation of the Spanish Government, a conference has recently
+been held at the city of Madrid to consider the subject of protection
+by foreign powers of native Moors in the Empire of Morocco. The
+minister of the United States in Spain was directed to take part
+in the deliberations of this conference, the result of which is
+a convention signed on behalf of all the powers represented. The
+instrument will be laid before the Senate for its consideration. The
+Government of the United States has also lost no opportunity to urge
+upon that of the Emperor of Morocco the necessity, in accordance with
+the humane and enlightened spirit of the age, of putting an end to the
+persecutions, which have been so prevalent in that country, of
+persons of a faith other than the Moslem, and especially of the Hebrew
+residents of Morocco.
+
+The consular treaty concluded with Belgium has not yet been officially
+promulgated, owing to the alteration of a word in the text by the
+Senate of the United States, which occasioned a delay, during which
+the time allowed for ratification expired. The Senate will be asked to
+extend the period for ratification.
+
+The attempt to negotiate a treaty of extradition with Denmark failed
+on account of the objection of the Danish Government to the usual
+clause providing that each nation should pay the expense of the arrest
+of the persons whose extradition it asks.
+
+The provision made by Congress at its last session for the expense
+of the commission which had been appointed to enter upon negotiations
+with the Imperial Government of China on subjects of great interest
+to the relations of the two countries enabled the commissioners
+to proceed at once upon their mission. The Imperial Government was
+prepared to give prompt and respectful attention to the matters
+brought under negotiation, and the conferences proceeded with such
+rapidity and success that on the 17th of November last two treaties
+were signed at Peking, one relating to the introduction of Chinese
+into this country and one relating to commerce. Mr. Trescot, one of
+the commissioners, is now on his way home bringing the treaties, and
+it is expected that they will be received in season to be laid before
+the Senate early in January.
+
+Our minister in Japan has negotiated a convention for the reciprocal
+relief of shipwrecked seamen. I take occasion to urge once more
+upon Congress the propriety of making provision for the erection of
+suitable fireproof buildings at the Japanese capital for the use of
+the American legation and the court-house and jail connected with
+it. The Japanese Government, with great generosity and courtesy, has
+offered for this purpose an eligible piece of land.
+
+In my last annual message I invited the attention of Congress to the
+subject of the indemnity funds received some years ago from China and
+Japan. I renew the recommendation then made that whatever portions of
+these funds are due to American citizens should be promptly paid
+and the residue returned to the nations, respectively, to which they
+justly and equitably belong.
+
+The extradition treaty with the Kingdom of the Netherlands, which has
+been for some time in course of negotiation, has during the past year
+been concluded and duly ratified.
+
+Relations of friendship and amity have been established between the
+Government of the United States and that of Roumania. We have sent
+a diplomatic representative to Bucharest, and have received at this
+capital the special envoy who has been charged by His Royal Highness
+Prince Charles to announce the independent sovereignty of Roumania. We
+hope for a speedy development of commercial relations between the two
+countries.
+
+In my last annual message I expressed the hope that the prevalence of
+quiet on the border between this country and Mexico would soon become
+so assured as to justify the modification of the orders then in force
+to our military commanders in regard to crossing the frontier, without
+encouraging such disturbances as would endanger the peace of the two
+countries. Events moved in accordance with these expectations, and the
+orders were accordingly withdrawn, to the entire satisfaction of our
+own citizens and the Mexican Government. Subsequently the peace of the
+border was again disturbed by a savage foray under the command of
+the Chief Victoria, but by the combined and harmonious action of the
+military forces of both countries his band has been broken up and
+substantially destroyed.
+
+There is reason to believe that the obstacles which have so long
+prevented rapid and convenient communication between the United States
+and Mexico by railways are on the point of disappearing, and that
+several important enterprises of this character will soon be set on
+foot, which can not fail to contribute largely to the prosperity of
+both countries.
+
+New envoys from Guatemala, Colombia, Bolivia, Venezuela, and
+Nicaragua have recently arrived at this capital, whose distinction and
+enlightenment afford the best guaranty of the continuance of friendly
+relations between ourselves and these sister Republics.
+
+The relations between this Government and that of the United States of
+Colombia have engaged public attention during the past year, mainly by
+reason of the project of an interoceanic canal across the Isthmus of
+Panama, to be built by private capital under a concession from
+the Colombian Government for that purpose. The treaty obligations
+subsisting between the United States and Colombia, by which we
+guarantee the neutrality of the transit and the sovereignty and
+property of Colombia in the Isthmus, make it necessary that the
+conditions under which so stupendous a change in the region embraced
+in this guaranty should be effected--transforming, as it would, this
+Isthmus from a barrier between the Atlantic and Pacific oceans into a
+gateway and thoroughfare between them for the navies and the merchant
+ships of the world--should receive the approval of this Government, as
+being compatible with the discharge of these obligations on our part
+and consistent with our interests as the principal commercial power
+of the Western Hemisphere. The views which I expressed in a special
+message to Congress in March last in relation to this project I
+deem it my duty again to press upon your attention. Subsequent
+consideration has but confirmed the opinion "that it is the right and
+duty of the United States to assert and maintain such supervision and
+authority over any interoceanic canal across the isthmus that connects
+North and South America as will protect our national interest."
+
+The war between the Republic of Chile on the one hand and the allied
+Republics of Peru and Bolivia on the other still continues. This
+Government has not felt called upon to interfere in a contest that is
+within the belligerent rights of the parties as independent states.
+We have, however, always held ourselves in readiness to aid in
+accommodating their difference, and have at different times reminded
+both belligerents of our willingness to render such service.
+
+Our good offices in this direction were recently accepted by all the
+belligerents, and it was hoped they would prove efficacious; but I
+regret to announce that the measures which the ministers of the United
+States at Santiago and Lima were authorized to take with the view to
+bring about a peace were not successful. In the course of the war some
+questions have arisen affecting neutral rights. In all of these the
+ministers of the United States have, under their instructions, acted
+with promptness and energy in protection of American interests.
+
+The relations of the United States with the Empire of Brazil continue
+to be most cordial, and their commercial intercourse steadily
+increases, to their mutual advantage.
+
+The internal disorders with which the Argentine Republic has for some
+time past been afflicted, and which have more or less influenced its
+external trade, are understood to have been brought to a close. This
+happy result may be expected to redound to the benefit of the foreign
+commerce of that Republic, as well as to the development of its vast
+interior resources.
+
+In Samoa the Government of King Malietoa, under the support and
+recognition of the consular representatives of the United States,
+Great Britain, and Germany, seems to have given peace and tranquillity
+to the islands. While it does not appear desirable to adopt as a whole
+the scheme of tripartite local government which has been proposed, the
+common interests of the three great treaty powers require harmony in
+their relations to the native frame of government, and this may be
+best secured by a simple diplomatic agreement between them. It would
+be well if the consular jurisdiction of our representative at Apia
+were increased in extent and importance so as to guard American
+interests in the surrounding and outlying islands of Oceanica.
+
+The obelisk generously presented by the Khedive of Egypt to the city
+of New York has safely arrived in this country, and will soon be
+erected in that metropolis. A commission for the liquidation of the
+Egyptian debt has lately concluded its work, and this Government, at
+the earnest solicitation of the Khedive, has acceded to the provisions
+adopted by it, which will be laid before Congress for its information.
+A commission for the revision of the judicial code of the
+reform tribunal of Egypt is now in session in Cairo. Mr. Farman,
+consul-general, and J.M. Batchelder, esq., have been appointed as
+commissioners to participate in this work. The organization of the
+reform tribunals will probably be continued for another period of five
+years.
+
+In pursuance of the act passed at the last session of Congress,
+invitations have been extended to foreign maritime states to join in
+a sanitary conference in Washington, beginning the 1st of January. The
+acceptance of this invitation by many prominent powers gives promise
+of success in this important measure, designed to establish a system
+of international notification by which the spread of infectious or
+epidemic diseases may be more effectively checked or prevented. The
+attention of Congress is invited to the necessary appropriations for
+carrying into effect the provisions of the act referred to.
+
+The efforts of the Department of State to enlarge the trade and
+commerce of the United States, through the active agency of consular
+officers and through the dissemination of information obtained from
+them, have been unrelaxed. The interest in these efforts, as developed
+in our commercial communities, and the value of the information
+secured by this means to the trade and manufactures of the country
+were recognized by Congress at its last session, and provision was
+made for the more frequent publication of consular and other reports
+by the Department of State. The first issue of this publication has
+now been prepared, and subsequent issues may regularly be expected.
+The importance and interest attached to the reports of consular
+officers are witnessed by the general demand for them by all classes
+of merchants and manufacturers engaged in our foreign trade. It is
+believed that the system of such publications is deserving of the
+approval of Congress, and that the necessary appropriations for its
+continuance and enlargement will commend itself to your consideration.
+
+The prosperous energies of our domestic industries and their immense
+production of the subjects of foreign commerce invite, and even
+require, an active development of the wishes and interests of
+our people in that direction. Especially important is it that our
+commercial relations with the Atlantic and Pacific coasts of South
+America, with the West Indies and the Gulf of Mexico, should be
+direct, and not through the circuit of European systems, and should
+be carried on in our own bottoms. The full appreciation of the
+opportunities which our front on the Pacific Ocean gives to commerce
+with Japan, China, and the East Indies, with Australia and the island
+groups which lie along these routes of navigation, should inspire
+equal efforts to appropriate to our own shipping and to administer by
+our own capital a due proportion of this trade. Whatever modifications
+of our regulations of trade and navigation may be necessary or useful
+to meet and direct these impulses to the enlargement of our exchanges
+and of our carrying trade I am sure the wisdom of Congress will be
+ready to supply. One initial measure, however, seems to me so clearly
+useful and efficient that I venture to press it upon your earnest
+attention. It seems to be very evident that the provision of regular
+steam postal communication by aid from government has been the
+forerunner of the commercial predominance of Great Britain on all
+these coasts and seas, a greater share in whose trade is now the
+desire and the intent of our people. It is also manifest that the
+efforts of other European nations to contend with Great Britain for a
+share of this commerce have been successful in proportion with their
+adoption of regular steam postal communication with the markets whose
+trade they sought. Mexico and the States of South America are anxious
+to receive such postal communication with this country and to aid in
+their development. Similar cooperation may be looked for in due time
+from the Eastern nations and from Australia. It is difficult to see
+how the lead in this movement can be expected from private interests.
+In respect of foreign commerce quite as much as in internal trade
+postal communication seems necessarily a matter of common and public
+administration, and thus pertaining to Government. I respectfully
+recommend to your prompt attention such just and efficient measures as
+may conduce to the development of our foreign commercial exchanges and
+the building up of our carrying trade.
+
+In this connection I desire also to suggest the very great service
+which might be expected in enlarging and facilitating our commerce on
+the Pacific Ocean were a transmarine cable laid from San Francisco to
+the Sandwich Islands, and thence to Japan at the north and Australia
+at the south. The great influence of such means of communication on
+these routes of navigation in developing and securing the due share of
+our Pacific Coast in the commerce of the world needs no illustration
+or enforcement. It may be that such an enterprise, useful, and in the
+end profitable, as it would prove to private investment, may need to
+be accelerated by prudent legislation by Congress in its aid, and
+I submit the matter to your careful consideration.
+
+An additional and not unimportant, although secondary, reason for
+fostering and enlarging the Navy may be found in the unquestionable
+service to the expansion of our commerce which would be rendered by
+the frequent circulation of naval ships in the seas and ports of all
+quarters of the globe. Ships of the proper construction and equipment
+to be of the greatest efficiency in case of maritime war might be made
+constant and active agents in time of peace in the advancement and
+protection of our foreign trade and in the nurture and discipline of
+young seamen, who would naturally in some numbers mix with and improve
+the crews of our merchant ships. Our merchants at home and abroad
+recognize the value to foreign commerce of an active movement of our
+naval vessels, and the intelligence and patriotic zeal of our naval
+officers in promoting every interest of their countrymen is a just
+subject of national pride.
+
+The condition of the financial affairs of the Government, as shown by
+the report of the Secretary of the Treasury, is very satisfactory. It
+is believed that the present financial situation of the United States,
+whether considered with respect to trade, currency, credit, growing
+wealth, or the extent and variety of our resources, is more favorable
+than that of any other country of our time, and has never been
+surpassed by that of any country at any period of its history. All our
+industries are thriving; the rate of interest is low; new railroads
+are being constructed; a vast immigration is increasing our
+population, capital, and labor; new enterprises in great number are
+in progress, and our commercial relations with other countries are
+improving.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1880, were--
+
+ From customs.......................................... $186,522,064.60
+ From internal revenue.................................. 124,009,373.92
+ From sales of public lands............................... 1,016,506.60
+ From tax on circulation and deposits of national banks... 7,014,971.44
+ From repayment of interest by Pacific Railway companies.. 1,707,367.18
+ From sinking fund for Pacific Railway companies............ 786,621.22
+ From customs fees, fines, penalties, etc................. 1,148,800.16
+ From fees--consular, letters patent, and lands........... 2,337,029.00
+ From proceeds of sales of Government property.............. 282,616.50
+ From profits on coinage, etc............................. 2,792,186.78
+ From revenues of the District of Columbia................ 1,809,469.70
+ From miscellaneous sources............................... 4,099,603.88
+
+ Total ordinary receipts................................ 333,526,610.98
+
+
+The ordinary expenditures for the same period were--
+
+ For civil expenses..................................... $15,693,963.55
+ For foreign intercourse.................................. 1,211,490.58
+ For Indians.............................................. 5,945,457.09
+ For pensions (including $19,341,025.20 arrears of pensions)
+ ........................................................ 56,777,174.44
+ For the military establishment, including river and harbor
+ improvements and arsenals............................... 38,116,916.22
+ For the naval establishment, including vessels, machinery,
+ and improvements at navy-yards.......................... 13,536,984.74
+ For miscellaneous expenditures, including public buildings,
+ light-houses, and collecting the revenue................ 34,535,691.00
+ For expenditures on account of the District of Columbia.. 3,272,384.63
+ For interest on the public debt......................... 95,757,575.11
+ For premium on bonds purchased........................... 2,795,320.42
+
+
+leaving a surplus revenue of $65,883,653.20, which, with an amount
+drawn from the cash balance in Treasury of $8,084,434.21, making
+$73,968,087.41, was applied to the redemption--
+
+ Of bonds for the sinking fund.......................... $73,652,900.00
+ Of fractional currency..................................... 251,717.41
+ Of the loan of 1858......................................... 40,000.00
+ Of temporary loan.............................................. 100.00
+ Of bounty-land scrip............................................ 25.00
+ Of compound-interest notes.................................. 16,500.00
+ Of 7.30 notes of 1864-65..................................... 2,650.00
+ Of one and two year notes.................................... 3,700.00
+ Of old demand notes............................................ 495.00
+
+ Total................................................... 73,968,087.41
+
+
+The amount due the sinking fund for this year was $37,931,643.55.
+There was applied thereto the sum of $73,904,617.41, being
+$35,972,973.86 in excess of the actual requirements for the year.
+
+The aggregate of the revenues from all sources during the fiscal
+year ended June 30, 1880, was $333,526,610.98, an increase over the
+preceding year of $59,699,426.52. The receipts thus far of the current
+year, together with the estimated receipts for the remainder of the
+year, amount to $350,000,000, which will be sufficient to meet the
+estimated expenditures of the year and leave a surplus of $90,000,000.
+
+It is fortunate that this large surplus revenue occurs at a period
+when it may be directly applied to the payment of the public debt soon
+to be redeemable. No public duty has been more constantly cherished
+in the United States than the policy of paying the nation's debt as
+rapidly as possible.
+
+The debt of the United States, less cash in the Treasury and exclusive
+of accruing interest, attained its maximum of $2,756,431,571.43
+in August, 1865, and has since that time been reduced to
+$1,886,019,504.65. Of the principal of the debt, $108,758,100 has been
+paid since March 1, 1877, effecting an annual saving of interest of
+$6,107,593. The burden of interest has also been diminished by the
+sale of bonds bearing a low rate of interest and the application of
+the proceeds to the redemption of bonds bearing a higher rate. The
+annual saving thus secured since March 1, 1877, is $14,290,453.50.
+Within a short period over six hundred millions of 5 and 6 per
+cent bonds will become redeemable. This presents a very favorable
+opportunity not only to further reduce the principal of the debt, but
+also to reduce the rate of interest on that which will remain unpaid.
+I call the attention of Congress to the views expressed on this
+subject by the Secretary of the Treasury in his annual report, and
+recommend prompt legislation to enable the Treasury Department to
+complete the refunding of the debt which is about to mature.
+
+The continuance of specie payments has not been interrupted or
+endangered since the date of resumption. It has contributed greatly
+to the revival of business and to our remarkable prosperity. The fears
+that preceded and accompanied resumption have proved groundless. No
+considerable amount of United States notes have been presented for
+redemption, while very large sums of gold bullion, both domestic and
+imported, are taken to the mints and exchanged for coin or notes. The
+increase of coin and bullion in the United States since January 1,
+1879, is estimated at $227,399,428.
+
+There are still in existence, uncanceled, $346,681,016 of United
+States legal-tender notes. These notes were authorized as a war
+measure, made necessary by the exigencies of the conflict in which
+the United States was then engaged. The preservation of the nation's
+existence required, in the judgment of Congress, an issue of
+legal-tender paper money. That it served well the purpose for which
+it was created is not questioned, but the employment of the notes as
+paper money indefinitely, after the accomplishment of the object for
+which they were provided, was not contemplated by the framers of the
+law under which they were issued. These notes long since became, like
+any other pecuniary obligation of the Government, a debt to be paid,
+and when paid to be canceled as mere evidence of an indebtedness
+no longer existing. I therefore repeat what was said in the annual
+message of last year, that the retirement from circulation of United
+States notes with the capacity of legal tender in private contracts is
+a step to be taken in our progress toward a safe and stable currency
+which should be accepted as the policy and duty of the Government and
+the interest and security of the people.
+
+At the time of the passage of the act now in force requiring the
+coinage of silver dollars, fixing their value, and giving them
+legal-tender character it was believed by many of the supporters of
+the measure that the silver dollar which it authorized would speedily
+become, under the operations of the law, of equivalent value to the
+gold dollar. There were other supporters of the bill, who, while
+they doubted as to the probability of this result, nevertheless were
+willing to give the proposed experiment a fair trial, with a view to
+stop the coinage if experience should prove that the silver dollar
+authorized by the bill continued to be of less commercial value than
+the standard gold dollar.
+
+The coinage of silver dollars under the act referred to began in
+March, 1878, and has been continued as required by the act. The
+average rate per month to the present time has been $2,276,492. The
+total amount coined prior to the 1st of November last was $72,847,750.
+Of this amount $47,084,450 remain in the Treasury, and only
+$25,763,291 are in the hands of the people. A constant effort has been
+made to keep this currency in circulation, and considerable expense
+has been necessarily incurred for this purpose; but its return to the
+Treasury is prompt and sure. Contrary to the confident anticipation of
+the friends of the measure at the time of its adoption, the value
+of the silver dollar containing 412-1/2 grains of silver has
+not increased. During the year prior to the passage of the bill
+authorizing its coinage the market value of the silver which it
+contained was from 90 to 92 cents as compared with the standard gold
+dollar. During the last year the average market value of the silver
+dollar has been 88-1/2 cents.
+
+It is obvious that the legislation of the last Congress in regard to
+silver, so far as it was based on an anticipated rise in the value
+of silver as a result of that legislation, has failed to produce the
+effect then predicted. The longer the law remains in force, requiring,
+as it does, the coinage of a nominal dollar which in reality is not
+a dollar, the greater becomes the danger that this country will be
+forced to accept a single metal as the sole legal standard of value in
+circulation, and this a standard of less value than it purports to be
+worth in the recognized money of the world.
+
+The Constitution of the United States, sound financial principles,
+and our best interests all require that the country should have as its
+legal-tender money both gold and silver coin of an intrinsic value,
+as bullion, equivalent to that which upon its face it purports to
+possess. The Constitution in express terms recognizes both gold and
+silver as the only true legal-tender money. To banish either of these
+metals from our currency is to narrow and limit the circulating medium
+of exchange to the disparagement of important interests. The United
+States produces more silver than any other country, and is directly
+interested in maintaining it as one of the two precious metals which
+furnish the coinage of the world. It will, in my judgment, contribute
+to this result if Congress will repeal so much of existing legislation
+as requires the coinage of silver dollars containing only 412-1/2
+grains of silver, and in its stead will authorize the Secretary of the
+Treasury to coin silver dollars of equivalent value, as bullion, with
+gold dollars. This will defraud no man, and will be in accordance with
+familiar precedents. Congress on several occasions has altered the
+ratio of value between gold and silver, in order to establish it more
+nearly in accordance with the actual ratio of value between the two
+metals.
+
+In financial legislation every measure in the direction of greater
+fidelity in the discharge of pecuniary obligations has been found
+by experience to diminish the rates of interest which debtors are
+required to pay and to increase the facility with which money can
+be obtained for every legitimate purpose. Our own recent financial
+history shows how surely money becomes abundant whenever confidence
+in the exact performance of moneyed obligations is established.
+
+The Secretary of War reports that the expenditures of the
+War Department for the fiscal year ended June 30, 1880, were
+$39,924,773.03. The appropriations for this Department for the current
+fiscal year amount to $41,993,630.40.
+
+With respect to the Army, the Secretary invites attention to the fact
+that its strength is limited by statute (U.S. Revised Statutes,
+sec. 1115) to not more than 30,000 enlisted men, but that provisos
+contained in appropriation bills have limited expenditures to the
+enlistment of but 25,000. It is believed the full legal strength is
+the least possible force at which the present organization can be
+maintained, having in view efficiency, discipline, and economy. While
+the enlistment of this force would add somewhat to the appropriation
+for pay of the Army, the saving made in other respects would be more
+than an equivalent for this additional outlay, and the efficiency of
+the Army would be largely increased.
+
+The rapid extension of the railroad system west of the Mississippi
+River and the great tide of settlers which has flowed in upon new
+territory impose on the military an entire change of policy. The
+maintenance of small posts along wagon and stage routes of travel
+is no longer necessary. Permanent quarters at points selected, of a
+more substantial character than those heretofore constructed, will be
+required. Under existing laws permanent buildings can not be erected
+without the sanction of Congress, and when sales of military sites
+and buildings have been authorized the moneys received have reverted
+to the Treasury and could only become available through a new
+appropriation. It is recommended that provision be made by a general
+statute for the sale of such abandoned military posts and buildings as
+are found to be unnecessary and for the application of the proceeds
+to the construction of other posts. While many of the present posts
+are of but slight value for military purposes, owing to the changed
+condition of the country, their occupation is continued at great
+expense and inconvenience, because they afford the only available
+shelter for troops.
+
+The absence of a large number of officers of the line, in active duty,
+from their regiments is a serious detriment to the maintenance of
+the service. The constant demand for small detachments, each of which
+should be commanded by a commissioned officer, and the various details
+of officers for necessary service away from their commands occasion
+a scarcity in the number required for company duties. With a view to
+lessening this drain to some extent, it is recommended that the law
+authorizing the detail of officers from the active list as professors
+of tactics and military science at certain colleges and universities
+be so amended as to provide that all such details be made from the
+retired list of the Army.
+
+Attention is asked to the necessity of providing by legislation for
+organizing, arming, and disciplining the _active_ militia of the
+country, and liberal appropriations are recommended in this behalf.
+The reports of the Adjutant-General of the Army and the Chief of
+Ordnance touching this subject fully set forth its importance.
+
+The report of the officer in charge of education in the Army shows
+that there are 78 schools now in operation in the Army, with an
+aggregate attendance of 2,305 enlisted men and children. The Secretary
+recommends the enlistment of 150 schoolmasters, with the rank and
+pay of commissary-sergeants. An appropriation is needed to supply the
+judge-advocates of the Army with suitable libraries, and the Secretary
+recommends that the Corps of Judge-Advocates be placed upon the same
+footing as to promotion with the other staff corps of the Army. Under
+existing laws the Bureau of Military Justice consists of one officer
+(the Judge-Advocate-General), and the Corps of Judge-Advocates of
+eight officers of equal rank (majors), with a provision that the
+limit of the corps shall remain at four when reduced by casualty
+or resignation to that number. The consolidation of the Bureau of
+Military Justice and the Corps of Judge-Advocates upon the same
+basis with the other staff corps of the Army would remove an unjust
+discrimination against deserving officers and subserve the best
+interests of the service.
+
+Especial attention is asked to the report of the Chief of Engineers
+upon the condition of our national defenses. From a personal
+inspection of many of the fortifications referred to, the Secretary
+is able to emphasize the recommendations made and to state that their
+incomplete and defenseless condition is discreditable to the country.
+While other nations have been increasing their means for carrying on
+offensive warfare and attacking maritime cities, we have been dormant
+in preparation for defense. Nothing of importance has been done toward
+strengthening and finishing our casemated works since our late civil
+war, during which the great guns of modern warfare and the heavy armor
+of modern fortifications and ships came into use among the nations;
+and our earthworks, left by a sudden failure of appropriations some
+years since in all stages of incompletion, are now being rapidly
+destroyed by the elements.
+
+The two great rivers of the North American continent, the Mississippi
+and the Columbia, have their navigable waters wholly within the limits
+of the United States, and are of vast importance to our internal and
+foreign commerce. The permanency of the important work on the South
+Pass of the Mississippi River seems now to be assured. There has been
+no failure whatever in the maintenance of the maximum channel during
+the six months ended August 9 last. This experiment has opened a
+broad, deep highway to the ocean, and is an improvement upon the
+permanent success of which congratulations may be exchanged among
+people abroad and at home, and especially among the communities of
+the Mississippi Valley, whose commercial exchanges float in an
+unobstructed channel safely to and from the sea.
+
+A comprehensive improvement of the Mississippi and its tributaries is
+a matter of transcendent importance. These great waterways comprise
+a system of inland transportation spread like network over a large
+portion of the United States, and navigable to the extent of many
+thousands of miles. Producers and consumers alike have a common
+interest in such unequaled facilities for cheap transportation.
+Geographically, commercially, and politically, they are the strongest
+tie between the various sections of the country. These channels of
+communication and interchange are the property of the nation.
+Its jurisdiction is paramount over their waters, and the plainest
+principles of public interest require their intelligent and careful
+supervision, with a view to their protection, improvement, and the
+enhancement of their usefulness.
+
+The channel of the Columbia River for a distance of about 100 miles
+from its mouth is obstructed by a succession of bars, which occasion
+serious delays in navigation and heavy expense for lighterage and
+towage. A depth of at least 20 feet at low tide should be secured
+and maintained to meet the requirements of the extensive and growing
+inland and ocean commerce it subserves. The most urgent need, however,
+for this great waterway is a permanent improvement of the channel at
+the mouth of the river.
+
+From Columbia River to San Francisco, a distance of over 600 miles,
+there is no harbor on our Pacific coast which can be approached
+during stormy weather. An appropriation of $150,000 was made by the
+Forty-fifth Congress for the commencement of a breakwater and harbor
+of refuge, to be located at some point between the Straits of Fuca and
+San Francisco at which the necessities of commerce, local and general,
+will be best accommodated. The amount appropriated is thought to be
+quite inadequate for the purpose intended. The cost of the work, when
+finished, will be very great, owing to the want of natural advantages
+for a site at any point on the coast between the designated limits,
+and it has not been thought to be advisable to undertake the work
+without a larger appropriation. I commend the matter to the attention
+of Congress.
+
+The completion of the new building for the War Department is urgently
+needed, and the estimates for continuing its construction are
+especially recommended.
+
+The collections of books, specimens, and records constituting the Army
+Medical Museum and Library are of national importance. The library
+now contains about 51,500 volumes and 57,000 pamphlets relating to
+medicine, surgery, and allied topics. The contents of the Army Medical
+Museum consist of 22,000 specimens, and are unique in the completeness
+with which both military surgery and the diseases of armies are
+illustrated. Their destruction would be an irreparable loss, not only
+to the United States, but to the world. There are filed in the Record
+and Pension Division over 16,000 bound volumes of hospital records,
+together with a great quantity of papers, embracing the original
+records of the hospitals of our armies during the civil war. Aside
+from their historical value, these records are daily searched for
+evidence needed in the settlement of large numbers of pension and
+other claims, for the protection of the Government against attempted
+frauds, as well as for the benefit of honest claimants. These valuable
+collections are now in a building which is peculiarly exposed to the
+danger of destruction by fire. It is therefore earnestly recommended
+that an appropriation be made for a new fireproof building, adequate
+for the present needs and reasonable future expansion of these
+valuable collections. Such a building should be absolutely fireproof;
+no expenditure for mere architectural display is required. It is
+believed that a suitable structure can be erected at a cost not to
+exceed $250,000.
+
+I commend to the attention of Congress the great services of the
+Commander in Chief of our armies during the war for the Union, whose
+wise, firm, and patriotic conduct did so much to bring that momentous
+conflict to a close. The legislation of the United States contains
+many precedents for the recognition of distinguished military merit,
+authorizing rank and emoluments to be conferred for eminent services
+to the country. An act of Congress authorizing the appointment of
+a Captain-General of the Army, with suitable provisions relating to
+compensation, retirement, and other details, would, in my judgment,
+be altogether fitting and proper, and would be warmly approved by the
+country.
+
+The report of the Secretary of the Navy exhibits the successful and
+satisfactory management of that Department during the last fiscal
+year. The total expenditures for the year were $12,916,639.45, leaving
+unexpended at the close of the year $2,141,682.23 of the amount of
+available appropriations. The appropriations for the present fiscal
+year, ending June 30, 1881, are $15,095,061.45, and the total
+estimates for the next fiscal year, ending June 30, 1882, are
+$15,953,751.61. The amount drawn by warrant from July 1, 1880, to
+November 1, 1880, is $5,041,570.45.
+
+The recommendation of the Secretary of the Navy that provision be made
+for the establishment of some form of civil government for the people
+of Alaska is approved. At present there is no protection of persons or
+property in that Territory except such as is afforded by the officers
+of the United States ship _Jamestown_. This vessel was dispatched to
+Sitka because of the fear that without the immediate presence of the
+national authority there was impending danger of anarchy. The steps
+taken to restore order have been accepted in good faith by both white
+and Indian inhabitants, and the necessity for this method of restraint
+does not, in my opinion, now exist. If, however, the _Jamestown_
+should be withdrawn, leaving the people, as at present, without the
+ordinary judicial and administrative authority of organized local
+government, serious consequences might ensue.
+
+The laws provide only for the collection of revenue, the protection of
+public property, and the transmission of the mails. The problem is to
+supply a local rule for a population so scattered and so peculiar in
+its origin and condition. The natives are reported to be teachable and
+self-supporting, and if properly instructed doubtless would advance
+rapidly in civilization, and a new factor of prosperity would be added
+to the national life. I therefore recommend the requisite legislation
+upon this subject.
+
+The Secretary of the Navy has taken steps toward the establishment
+of naval coaling stations at the Isthmus of Panama, to meet the
+requirements of our commercial relations with Central and South
+America, which are rapidly growing in importance. Locations eminently
+suitable, both as regards our naval purposes and the uses of commerce,
+have been selected, one on the east side of the Isthmus, at Chiriqui
+Lagoon, in the Caribbean Sea, and the other on the Pacific coast, at
+the Bay of Golfito. The only safe harbors, sufficiently commodious, on
+the Isthmus are at these points, and the distance between them is less
+than 100 miles. The report of the Secretary of the Navy concludes with
+valuable suggestions with respect to the building up of our merchant
+marine service, which deserve the favorable consideration of Congress.
+
+The report of the Postmaster-General exhibits the continual growth and
+the high state of efficiency of the postal service. The operations
+of no Department of the Government, perhaps, represent with greater
+exactness the increase in the population and the business of the
+country. In 1860 the postal receipts were $8,518,067.40; in 1880 the
+receipts were $33,315,479.34. All the inhabitants of the country are
+directly and personally interested in having proper mail facilities,
+and naturally watch the Post-Office very closely. This careful
+oversight on the part of the people has proved a constant stimulus
+to improvement. During the past year there was an increase of 2,134
+post-offices, and the mail routes were extended 27,177 miles, making
+an additional annual transportation of 10,804,191 miles. The
+revenues of the postal service for the ensuing year are estimated
+at $38,845,174.10, and the expenditures at $42,475,932, leaving a
+deficiency to be appropriated out of the Treasury of $3,630,757.90.
+
+The Universal Postal Union has received the accession of almost all
+the countries and colonies of the world maintaining organized postal
+services, and it is confidently expected that all the other countries
+and colonies now outside the union will soon unite therewith, thus
+realizing the grand idea and aim of the founders of the union of
+forming, for purposes of international mail communication, a single
+postal territory, embracing the world, with complete uniformity
+of postal charges and conditions of international exchange for all
+descriptions of correspondence. To enable the United States to do its
+full share of this great work, additional legislation is asked by the
+Postmaster-General, to whose recommendations especial attention is
+called.
+
+The suggestion of the Postmaster-General that it would be wise to
+encourage, by appropriate legislation, the establishment of American
+lines of steamers by our own citizens to carry the mails between our
+own ports and those of Mexico, Central America, South America, and of
+transpacific countries is commended to the serious consideration of
+Congress.
+
+The attention of Congress is also invited to the suggestions of the
+Postmaster-General in regard to postal savings.
+
+The necessity for additional provision to aid in the transaction of
+the business of the Federal courts becomes each year more apparent.
+The dockets of the Supreme Court and of the circuit courts in the
+greater number of the circuits are encumbered with the constant
+accession of cases. In the former court, and in many instances in
+the circuit courts, years intervene before it is practicable to bring
+cases to hearing.
+
+The Attorney-General recommends the establishment of an intermediate
+court of errors and appeals. It is recommended that the number of
+judges of the circuit court in each circuit, with the exception of the
+second circuit, should be increased by the addition of another
+judge; in the second circuit, that two should be added; and that an
+intermediate appellate court should be formed in each circuit, to
+consist of the circuit judges and the circuit justice, and that in the
+event of the absence of either of these judges the place of the absent
+judge should be supplied by the judge of one of the district courts
+in the circuit. Such an appellate court could be safely invested with
+large jurisdiction, and its decisions would satisfy suitors in many
+cases where appeals would still be allowed to the Supreme Court.
+The expense incurred for this intermediate court will require a
+very moderate increase of the appropriations for the expenses of the
+Department of Justice. This recommendation is commended to the careful
+consideration of Congress.
+
+It is evident that a delay of justice, in many instances oppressive
+and disastrous to suitors, now necessarily occurs in the Federal
+courts, which will in this way be remedied.
+
+The report of the Secretary of the Interior presents an elaborate
+account of the operations of that Department during the past year. It
+gives me great pleasure to say that our Indian affairs appear to be in
+a more hopeful condition now than ever before. The Indians have made
+gratifying progress in agriculture, herding, and mechanical pursuits.
+Many who were a few years ago in hostile conflict with the Government
+are quietly settling down on farms where they hope to make their
+permanent homes, building houses and engaging in the occupations of
+civilized life. The introduction of the freighting business among them
+has been remarkably fruitful of good results, in giving many of
+them congenial and remunerative employment and in stimulating their
+ambition to earn their own support. Their honesty, fidelity, and
+efficiency as carriers are highly praised. The organization of a
+police force of Indians has been equally successful in maintaining law
+and order upon the reservations and in exercising a wholesome moral
+influence among the Indians themselves. I concur with the Secretary
+of the Interior in the recommendation that the pay of this force be
+increased, as an inducement to the best class of young men to enter
+it.
+
+Much care and attention has been devoted to the enlargement of
+educational facilities for the Indians. The means available for this
+important object have been very inadequate. A few additional boarding
+schools at Indian agencies have been established and the erection
+of buildings has been begun for several more; but an increase of the
+appropriations for this interesting undertaking is greatly needed to
+accommodate the large number of Indian children of school age. The
+number offered by their parents from all parts of the country for
+education in the Government schools is much larger than can be
+accommodated with the means at present available for that purpose. The
+number of Indian pupils at the normal school at Hampton, Va., under
+the direction of General Armstrong, has been considerably increased,
+and their progress is highly encouraging. The Indian school
+established by the Interior Department in 1879 at Carlisle, Pa., under
+the direction of Captain Pratt, has been equally successful. It has
+now nearly 200 pupils of both sexes, representing a great variety
+of the tribes east of the Rocky Mountains. The pupils in both these
+institutions receive not only an elementary English education, but
+are also instructed in housework, agriculture, and useful mechanical
+pursuits. A similar school was established this year at Forest Grove,
+Oreg., for the education of Indian youth on the Pacific Coast. In
+addition to this, thirty-six Indian boys and girls were selected
+from the Eastern Cherokees and placed in boarding schools in North
+Carolina, where they are to receive an elementary English education
+and training in industrial pursuits. The interest shown by Indian
+parents, even among the so-called wild tribes, in the education of
+their children is very gratifying, and gives promise that the results
+accomplished by the efforts now making will be of lasting benefit.
+
+The expenses of Indian education have so far been drawn from the
+permanent civilization fund at the disposal of the Department of the
+Interior, but the fund is now so much reduced that the continuance
+of this beneficial work will in the future depend on specific
+appropriations by Congress for the purpose; and I venture to express
+the hope that Congress will not permit institutions so fruitful of
+good results to perish for want of means for their support. On the
+contrary, an increase of the number of such schools appears to me
+highly advisable.
+
+The past year has been unusually free from disturbances among the
+Indian tribes. An agreement has been made with the Utes by which they
+surrender their large reservation in Colorado in consideration of
+an annuity to be paid to them, and agree to settle in severalty
+on certain lands designated for that purpose, as farmers, holding
+individual title to their land in fee-simple, inalienable for a
+certain period. In this way a costly Indian war has been avoided,
+which at one time seemed imminent, and for the first time in the
+history of the country an Indian nation has given up its tribal
+existence to be settled in severalty and to live as individuals under
+the common protection of the laws of the country.
+
+The conduct of the Indians throughout the country during the past
+year, with but few noteworthy exceptions, has been orderly and
+peaceful. The guerrilla warfare carried on for two years by Victoria
+and his band of Southern Apaches has virtually come to an end by the
+death of that chief and most of his followers on Mexican soil. The
+disturbances caused on our northern frontier by Sitting Bull and his
+men, who had taken refuge in the British dominions, are also likely
+to cease. A large majority of his followers have surrendered to our
+military forces, and the remainder are apparently in progress of
+disintegration.
+
+I concur with the Secretary of the Interior in expressing the earnest
+hope that Congress will at this session take favorable action on
+the bill providing for the allotment of lands on the different
+reservations in severalty to the Indians, with patents conferring
+fee-simple title inalienable for a certain period, and the eventual
+disposition of the residue of the reservations for general settlement,
+with the consent and for the benefit of the Indians, placing the
+latter under the equal protection of the laws of the country. This
+measure, together with a vigorous prosecution of our educational
+efforts, will work the most important and effective advance toward the
+solution of the Indian problem, in preparing for the gradual merging
+of our Indian population in the great body of American citizenship.
+
+A large increase is reported in the disposal of public lands for
+settlement during the past year, which marks the prosperous growth of
+our agricultural industry and a vigorous movement of population toward
+our unoccupied lands. As this movement proceeds, the codification
+of our land laws, as well as proper legislation to regulate the
+disposition of public lands, become of more pressing necessity, and I
+therefore invite the consideration of Congress to the report and the
+accompanying draft of a bill made by the Public Lands Commission,
+which were communicated by me to Congress at the last session. Early
+action upon this important subject is highly desirable.
+
+The attention of Congress is again asked to the wasteful depredations
+committed on our public timber lands and the rapid and indiscriminate
+destruction of our forests. The urgent necessity for legislation to
+this end is now generally recognized. In view of the lawless character
+of the depredations committed and the disastrous consequences which
+will inevitably follow their continuance, legislation has again and
+again been recommended to arrest the evil and to preserve for the
+people of our Western States and Territories the timber needed for
+domestic and other essential uses.
+
+The report of the Director of the Geological Survey is a document
+of unusual interest. The consolidation of the various geological and
+geographical surveys and exploring enterprises, each of which has
+heretofore operated upon an independent plan, without concert, can
+not fail to be of great benefit to all those industries of the country
+which depend upon the development of our mineral resources. The labors
+of the scientific men, of recognized merit, who compose the corps
+of the Geological Survey, during the first season of their field
+operations and inquiries, appear to have been very comprehensive,
+and will soon be communicated to Congress in a number of volumes.
+The Director of the Survey recommends that the investigations carried
+on by his bureau, which so far have been confined to the so-called
+public-land States and Territories, be extended over the entire country,
+and that the necessary appropriation be made for this purpose. This
+would be particularly beneficial to the iron, coal, and other mining
+interests of the Mississippi Valley and of the Eastern and Southern
+States. The subject is commended to the careful consideration of
+Congress.
+
+The Secretary of the Interior asks attention to the want of room in
+the public buildings of the capital, now existing and in progress of
+construction, for the accommodation of the clerical force employed and
+of the public records. Necessity has compelled the renting of private
+buildings in different parts of the city for the location of public
+offices, for which a large amount of rent is annually paid, while the
+separation of offices belonging to the same Department impedes the
+transaction of current business. The Secretary suggests that the
+blocks surrounding Lafayette Square on the east, north, and west be
+purchased as the sites for new edifices for the accommodation of the
+Government offices, leaving the square itself intact, and that if such
+buildings were constructed upon a harmonious plan of architecture
+they would add much to the beauty of the national capital, and would,
+together with the Treasury and the new State, Navy, and War Department
+building, form one of the most imposing groups of public edifices in
+the world.
+
+The Commissioner of Agriculture expresses the confident belief that
+his efforts in behalf of the production of our own sugar and tea have
+been encouragingly rewarded. The importance of the results attained
+have attracted marked attention at home and have received the special
+consideration of foreign nations. The successful cultivation of our
+own tea and the manufacture of our own sugar would make a difference
+of many millions of dollars annually in the wealth of the nation.
+
+The report of the Commissioner asks attention particularly to the
+continued prevalence of an infectious and contagious cattle
+disease known and dreaded in Europe and Asia as cattle plague, or
+pleuro-pneumonia. A mild type of this disease in certain sections
+of our country is the occasion of great loss to our farmers and of
+serious disturbance to our trade with Great Britain, which furnishes
+a market for most of our live stock and dressed meats. The value of
+neat cattle exported from the United States for the eight months ended
+August 31, 1880, was more than $12,000,000, and nearly double the
+value for the same period in 1879--an unexampled increase of export
+trade. Your early attention is solicited to this important matter.
+
+The Commissioner of Education reports a continued increase of public
+interest in educational affairs, and that the public schools generally
+throughout the country are well sustained. Industrial training
+is attracting deserved attention, and colleges for instruction,
+theoretical and practical, in agriculture and mechanic arts, including
+the Government schools recently established for the instruction
+of Indian youth, are gaining steadily in public estimation. The
+Commissioner asks special attention to the depredations committed on
+the lands reserved for the future support of public instruction, and
+to the very great need of help from the nation for schools in the
+Territories and in the Southern States. The recommendation heretofore
+made is repeated and urged, that an educational fund be set apart from
+the net proceeds of the sales of the public lands annually, the
+income of which and the remainder of the net annual proceeds to
+be distributed on some satisfactory plan to the States and the
+Territories and the District of Columbia.
+
+The success of the public schools of the District of Columbia, and
+the progress made, under the intelligent direction of the board
+of education and the superintendent, in supplying the educational
+requirements of the District with thoroughly trained and efficient
+teachers, is very gratifying. The acts of Congress, from time to time,
+donating public lands to the several States and Territories in aid
+of educational interests have proved to be wise measures of public
+policy, resulting in great and lasting benefit. It would seem to be a
+matter of simple justice to extend the benefits of this legislation,
+the wisdom of which has been so fully vindicated by experience, to the
+District of Columbia.
+
+I again commend the general interests of the District of Columbia
+to the favorable consideration of Congress. The affairs of the
+District, as shown by the report of the Commissioners, are in a very
+satisfactory condition.
+
+In my annual messages heretofore and in my special message of December
+19, 1879, I have urged upon the attention of Congress the necessity of
+reclaiming the marshes of the Potomac adjacent to the capital, and I
+am constrained by its importance to advert again to the subject. These
+flats embrace an area of several hundred acres. They are an impediment
+to the drainage of the city and seriously impair its health. It is
+believed that with this substantial improvement of its river front the
+capital would be in all respects one of the most attractive cities
+in the world. Aside from its permanent population, this city is
+necessarily the place of residence of persons from every section of
+the country engaged in the public service. Many others reside here
+temporarily for the transaction of business with the Government.
+
+It should not be forgotten that the land acquired will probably be
+worth the cost of reclaiming it and that the navigation of the river
+will be greatly improved. I therefore again invite the attention of
+Congress to the importance of prompt provision for this much needed
+and too long delayed improvement.
+
+The water supply of the city is inadequate. In addition to the
+ordinary use throughout the city, the consumption by Government is
+necessarily very great in the navy-yard, arsenal, and the various
+Departments, and a large quantity is required for the proper
+preservation of the numerous parks and the cleansing of sewers. I
+recommend that this subject receive the early attention of Congress,
+and that in making provision for an increased supply such means be
+adopted as will have in view the future growth of the city. Temporary
+expedients for such a purpose can not but be wasteful of money,
+and therefore unwise. A more ample reservoir, with corresponding
+facilities for keeping it filled, should, in my judgment, be
+constructed. I commend again to the attention of Congress the subject
+of the removal from their present location of the depots of the
+several railroads entering the city; and I renew the recommendations
+of my former messages in behalf of the erection of a building for the
+Congressional Library, the completion of the Washington Monument, and
+of liberal appropriations in support of the benevolent, reformatory,
+and penal institutions of the District.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 9, 1880_.
+
+_To the Senate of the United States:_
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for the establishment, on fixed and uniform
+bases, of the exercise of the right of protection in Morocco, and for
+the settlement of certain questions connected therewith, between His
+Excellency the President of the United States of America; His Majesty
+the Emperor of Germany, King of Prussia; His Majesty the Emperor of
+Austria, King of Hungary; His Majesty the King of the Belgians;
+His Majesty the King of Denmark; His Majesty the King of Spain; His
+Excellency the President of the French Republic; Her Majesty the Queen
+of the United Kingdom of Great Britain and Ireland; His Majesty the
+King of Italy; His Majesty the Sultan of Morocco; His Majesty the King
+of the Netherlands; His Majesty the King of Portugal and the Algarves,
+and His Majesty the King of Sweden and Norway, signed at Madrid on the
+3d day of July last.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 13, 1880_.
+
+_To the Senate of the United States:_
+
+The accompanying documents, received from the Commissioner of
+Agriculture, are transmitted to the Senate in reply to the resolution
+of the 7th instant, relating to contagious diseases of cattle.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 5, 1881_.
+
+_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 Empire of Japan, providing for the reimbursement of certain
+specified expenses which may be incurred by either country in
+consequence of the shipwreck on its coasts of the vessels of the
+other.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 5, 1881_.
+
+_To the Senate of the United States:_
+
+In response to the resolution of the Senate of June 21, 1879, I
+herewith transmit reports[42] received from the Secretary of the
+Interior and the Secretary of War.
+
+R.B. HAYES.
+
+[Footnote 42: Transmitting statements of the number of soldiers and
+civilians killed and wounded, number of Indians killed, value of
+property destroyed, and expenses incurred by the United States in
+certain Indian wars from 1865 to 1879.]
+
+
+
+EXECUTIVE MANSION, _Washington, January 10, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate, two
+treaties[43] signed at Peking on the 17th of November, 1880, by
+the commissioners plenipotentiary of the United States and China,
+respectively, together with a letter of the Secretary of State in
+relation thereto, and accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 43: (1) Regulation of Chinese immigration into the United
+States (2) commercial intercourse and judicial procedure.]
+
+
+
+EXECUTIVE MANSION, _Washington, January 10, 1881_.
+
+_To the House of Representatives_:
+
+I submit herewith, for the information of the House of
+Representatives, copies of correspondence with the Department of State
+relating to an invitation extended by the French Republic to this
+Government to send one or more delegates to represent it at an
+international congress of electricians to be held at Paris on the 15th
+day of September, 1881. It appears from the same correspondence that
+an international exhibition of electricity is to be held at the palace
+of the Champs Élysées, in Paris, from August 15, 1881, to the 15th
+of November following, and it is therefore suggested by the French
+authorities that it might be well to invest the delegates selected to
+take part in the international congress with the additional character
+of commissioners to the international exhibition of electricity.
+
+In view of the important scientific, industrial, and commercial
+interests designed to be promoted by the proposed international
+congress of electricians and exhibition of electricity, I submit the
+subject to your favorable consideration and recommend that a suitable
+appropriation be made to enable this Government to accept the
+foregoing invitation by appointing one or more delegates to attend the
+congress in question.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 18, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to submit herewith the report of the Public
+Lands Commission, embracing the history and a codification of the
+public-land laws; and I desire earnestly to invite the attention of
+Congress to this important subject.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 20, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a letter from the Secretary of
+State, with accompanying papers, in relation to the recent effort of
+the Government of the United States to bring about peace between Chile
+and Peru and, Bolivia.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 1, 1881_.
+
+_To the Senate and House of Representatives_:
+
+In compliance with the request of a large number of intelligent
+and benevolent citizens, and believing that it was warranted by the
+extraordinary circumstances of the case, on the 18th day of December,
+1880, I appointed a commission consisting of George Crook and Nelson
+A. Miles, brigadier-generals in the Army; William Stickney, of
+the District of Columbia, and Walter Allen, of Massachusetts,
+and requested them to confer with the Ponca Indians in the Indian
+Territory, and, if in their judgment it was advisable, also with that
+part of the tribe which remained in Dakota, and "to ascertain the
+facts in regard to their removal and present condition so far as was
+necessary to determine the question as to what justice and humanity
+required should be done by the Government of the United States, and to
+report their conclusions and recommendations in the premises."
+
+The commission, in pursuance of these instructions, having visited the
+Ponca Indians at their homes in the Indian Territory and in Dakota
+and made a careful investigation of the subject referred to them, have
+reported their conclusions and recommendations, and I now submit their
+report, together with the testimony taken, for the consideration of
+Congress. A minority report by Mr. Allen is also herewith submitted.
+
+On the 27th of December, 1880, a delegation of Ponca chiefs from the
+Indian Territory presented to the Executive a declaration of their
+wishes, in which they stated that it was their desire "to remain on
+the lands now occupied by the Poncas in the Indian Territory" and "to
+relinquish all their right and interest in the lands formerly owned
+and occupied by the Ponca tribe in the State of Nebraska and the
+Territory of Dakota;" and the declaration sets forth the compensation
+which they will accept for the lands to be surrendered and for the
+injuries done to the tribe by their removal to the Indian Territory.
+This declaration, agreeably to the request of the chiefs making it, is
+herewith transmitted to Congress.
+
+The public attention has frequently been called to the injustice and
+wrong which the Ponca tribe of Indians has suffered at the hands of
+the Government of the United States. This subject was first brought
+before Congress and the country by the Secretary of the Interior in
+his annual report for the year 1877, in which he said:
+
+ The case of the Poncas seems entitled to especial
+ consideration at the hands of Congress. They have always been
+ friendly to the whites. It is said, and, as far as I have been
+ able to learn, truthfully, that no Ponca ever killed a
+ white man. The orders of the Government have always met with
+ obedient compliance at their hands. Their removal from their
+ old homes on the Missouri River was to them a great hardship.
+ They had been born and raised there. They had houses there in
+ which they lived according to their ideas of comfort. Many
+ of them had engaged in agriculture and possessed cattle and
+ agricultural implements. They were very reluctant to leave all
+ this, but when Congress had resolved upon their removal they
+ finally overcame that reluctance and obeyed. Considering
+ their constant good conduct, their obedient spirit, and the
+ sacrifices they have made, they are certainly entitled to
+ more than ordinary care at the hands of the Government, and I
+ urgently recommend that liberal provision be made to aid them
+ in their new settlement.
+
+
+In the same volume the report of E.A. Howard, the agent of the Poncas,
+is published, which contains the following:
+
+ * * * * *
+
+ I am of the opinion that the removal of the Poncas from the
+ northern climate of Dakota to the southern climate of the
+ Indian Territory at the season of the year it was done will
+ prove a mistake, and that a great mortality will surely follow
+ among the people when they shall have been here for a time and
+ become poisoned with the malaria of the climate. Already the
+ effects of the climate may be seen upon them in the _ennui_
+ that seems to have settled upon each and in the large number
+ now sick.
+
+ It is a matter of astonishment to me that the Government
+ should have ordered the removal of the Ponca Indians from
+ Dakota to the Indian Territory without having first made
+ some provision for their settlement and comfort. Before their
+ removal was carried into effect an appropriation should have
+ been made by Congress sufficient to have located them in their
+ new home, by building a comfortable house for the occupancy
+ of every family of the tribe. As the case now is, no
+ appropriation has been made by Congress, except for a sum but
+ little more than sufficient to remove them; no houses have
+ been built for their use, and the result is that these people
+ have been placed on an uncultivated reservation to live in
+ their tents as best they may, and await further legislative
+ action.
+
+ * * * * *
+
+ These Indians claim that the Government had no right to move
+ them from their reservation without first obtaining from them
+ by purchase or treaty the title which they had acquired
+ from the Government, and for which they rendered a valuable
+ consideration. They claim that the date of the settlement of
+ their tribe upon the land composing their old reservation is
+ prehistoric; that they were all born there, and that their
+ ancestors from generations back beyond their knowledge were
+ born and lived upon its soil, and that they finally acquired
+ a complete and perfect title from the Government by a treaty
+ made with the "Great Father" at Washington, which they claim
+ made it as legitimately theirs as is the home of the white man
+ acquired by gift or purchase.
+
+ * * * * *
+
+The subject was again referred to in similar terms in the annual
+report of the Interior Department for 1878, in the reports of the
+Commissioner of Indian Affairs and of the agent for the Poncas, and in
+1879 the Secretary of the Interior said:
+
+ That the Poncas were grievously wronged by their removal from
+ their location on the Missouri River to the Indian Territory,
+ their old reservation having, by a mistake in making the Sioux
+ treaty, been transferred to the Sioux, has been at length and
+ repeatedly set forth in my reports, as well as those of the
+ Commissioner of Indian Affairs. All that could be subsequently
+ done by this Department in the absence of new legislation to
+ repair that wrong and to indemnify them for their losses
+ has been done with more than ordinary solicitude. They were
+ permitted to select a new location for themselves in the
+ Indian Territory, the Quapaw Reserve, to which they had first
+ been taken, being objectionable to them. They chose a tract of
+ country on the Arkansas River and the Salt Fork northwest of
+ the Pawnee Reserve. I visited their new reservation personally
+ to satisfy myself of their condition. The lands they now
+ occupy are among the very best in the Indian Territory in
+ point of fertility, well watered and well timbered, and
+ admirably adapted for agriculture as well as stock raising. In
+ this respect their new reservation is unquestionably superior
+ to that which they left behind them on the Missouri River.
+ Seventy houses have been built by and for them, of far better
+ quality than the miserable huts they formerly occupied in
+ Dakota, and the construction of a larger number is now in
+ progress, so that, as the agent reports, every Ponca family
+ will be comfortably housed before January. A very liberal
+ allowance of agricultural implements and stock cattle has been
+ given them, and if they apply themselves to agricultural work
+ there is no doubt that their condition will soon be far more
+ prosperous than it has ever been before. During the first
+ year after their removal to the Indian Territory they lost
+ a comparatively large number of their people by death, in
+ consequence of the change of climate, which is greatly to
+ be deplored; but their sanitary condition is now very much
+ improved. The death rate among them during the present year
+ has been very low, and the number of cases of sickness
+ is constantly decreasing. It is thought that they are now
+ sufficiently acclimated to be out of danger.
+
+ * * * * *
+
+A committee of the Senate, after a very full investigation of the
+subject, on the 31st of May, 1880, reported their conclusions to the
+Senate, and both the majority and minority of the committee agreed
+that "a great wrong had been done to the Ponca Indians." The majority
+of the committee say:
+
+ * * * * *
+
+ Nothing can strengthen the Government in a just policy to the
+ Indians so much as a demonstration of its willingness to do
+ ample and complete justice whenever it can be shown that it
+ has inflicted a wrong upon a weak and trusting tribe. It is
+ impossible for the United States to hope for any confidence to
+ be reposed in them by the Indians until there shall be shown
+ on their part a readiness to do justice.
+
+
+The minority report is equally explicit as to the duty of the
+Government to repair the wrong done the Poncas. It says:
+
+ * * * * *
+
+ We should be more prompt and anxious because they are weak
+ and we are strong. In my judgment we should be liberal to the
+ verge of lavishness in the expenditure of our money to improve
+ their condition, so that they and all others may know that,
+ although, like all nations and all men, we may do wrong, we
+ are willing to make ample reparation.
+
+
+The report of the commission appointed by me, of which General
+Crook was chairman, and the testimony taken by them and their
+investigations, add very little to what was already contained in the
+official reports of the Secretary of the Interior and the report of
+the Senate committee touching the injustice done to the Poncas by
+their removal to the Indian Territory. Happily, however, the evidence
+reported by the commission and their recommendations point out
+conclusively the true measures of redress which the Government of the
+United States ought now to adopt.
+
+The commission in their conclusions omit to state the important facts
+as to the present condition of the Poncas in the Indian Territory, but
+the evidence they have reported shows clearly and conclusively
+that the Poncas now residing in that Territory, 521 in number, are
+satisfied with their new homes; that they are healthy, comfortable,
+and contented, and that they have freely and firmly decided to adhere
+to the choice announced in their letter of October 25, 1880, and
+in the declaration of December 27, 1880, to remain in the Indian
+Territory and not to return to Dakota.
+
+The evidence reported also shows that the fragment of the Ponca
+tribe--perhaps 150 in number--which is still in Dakota and Nebraska
+prefer to remain on their old reservation.
+
+In view of these facts I am convinced that the recommendations of the
+commission, together with the declaration of the chiefs of December
+last, if substantially followed, will afford a solution of the Ponca
+question which is consistent with the wishes and interests of
+both branches of the tribe, with the settled Indian policy of the
+Government, and, as nearly as is now practicable, with the demands of
+justice.
+
+Our general Indian policy for the future should embrace the following
+leading ideas:
+
+1. The Indians should be prepared for citizenship by giving to their
+young of both sexes that industrial and general education which
+is required to enable them to be self-supporting and capable of
+self-protection in a civilized community.
+
+2. Lands should be allotted to the Indians in severalty, inalienable
+for a certain period.
+
+3. The Indians should have a fair compensation for their lands not
+required for individual allotments, the amount to be invested, with
+suitable safeguards, for their benefit.
+
+4. With these prerequisites secured, the Indians should be
+made citizens and invested with the rights and charged with the
+responsibilities of citizenship.
+
+It is therefore recommended that legislation be adopted in relation to
+the Ponca Indians, authorizing the Secretary of the Interior to secure
+to the individual members of the Ponca tribe, in severalty, sufficient
+land for their support, inalienable for a term of years and until the
+restriction upon alienation may be removed by the President. Ample
+time and opportunity should be given to the members of the tribe
+freely to choose their allotments either on their old or their new
+reservation.
+
+Full compensation should be made for the lands to be relinquished, for
+their losses by the Sioux depredations and by reason of their removal
+to the Indian Territory, the amount not to be less than the sums named
+in the declaration of the chiefs made December 27, 1880.
+
+In short, nothing should be left undone to show to the Indians that
+the Government of the United States regards their rights as equally
+sacred with those of its citizens.
+
+The time has come when the policy should be to place the Indians as
+rapidly as practicable on the same footing with the other permanent
+inhabitants of our country.
+
+I do not undertake to apportion the blame for the injustice done to
+the Poncas. Whether the Executive or Congress or the public is chiefly
+in fault is not now a question of practical importance. As the Chief
+Executive at the time when the wrong was consummated, I am deeply
+sensible that enough of the responsibility for that wrong justly
+attaches to me to make it my particular duty and earnest desire to
+do all I can to give to these injured people that measure of redress
+which is required alike by justice and by humanity.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 2, 1881_.
+
+_To the House of Representatives_:
+
+I transmit herewith, for consideration and appropriate action by
+Congress, a letter from the Secretary of the Navy, in relation to the
+proposed establishment of naval stations of the United States on the
+American Isthmus. In this paper the current testimony of prominent
+officers of this Government for a long series of years, as to the
+feasibility and necessity of establishing such stations and the great
+advantage to flow therefrom to the naval and commercial interests
+of the United States, is clearly set forth, and the considerations
+adduced can not but commend themselves, I am confident, to the careful
+attention of Congress. Convinced of the wisdom and propriety of the
+suggestions thus presented, I recommend to Congress the appropriation
+of the sum named by the Secretary of the Navy, to be at his disposal
+at once, for expenditure as soon as suitable arrangements can be made
+to the proposed end.
+
+R.B. HAYES.
+
+
+EXECUTIVE MANSION, _February 4, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit a communication from the Secretary of the Navy,
+with reference to the dispatch of a vessel for the relief of the
+_Jeannette_ polar expedition, and commend the recommendations of the
+Secretary to the prompt and favorable action of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 14, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit the final report addressed to me by the
+commissioners appointed under the act of Congress approved July 19,
+1876, authorizing the repavement of that part of Pennsylvania avenue
+lying between the Treasury Department and the Capitol Grounds.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 17, 1881_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Secretary of State, in response to
+the resolution addressed to him by the House of Representatives of the
+31st of January ultimo, on the subject of international action for the
+restoration of silver to full use as money.
+
+The prospect of an early international conference, promising valuable
+results in accordance with the interests of this country, is such that
+I recommend to the immediate attention of Congress an appropriation
+providing for the proper representation of this Government at such
+conference.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 21, 1881_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of 15th of June, 1880,
+requesting the Secretary of State to report to that body at its next
+regular session what changes, if any, of the laws regulating the
+management of the Department of State, or of the divisions and the
+bureaus thereof, are necessary or would be beneficial in promoting the
+efficiency or economy of its administration or management, and also to
+make report concerning the mode of keeping the departmental accounts,
+the checks and safeguards upon expenditures, and the administrative
+or clerical changes for the better which may suggest themselves as
+expedient, I transmit herewith a report from the Secretary of State
+upon the subjects embraced in that resolution so far as they touch the
+Department of State.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 25, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate with a view
+to advising and consenting to the ratification thereof, a convention
+for the extradition of criminals, between the United States of America
+and the United States of Colombia, signed at Bogotá on the 3d of
+January, 1881. I also transmit certain correspondence touching the
+negotiation of said convention.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 25, 1881._
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a view
+to ratification in due course, a convention supplementary to the
+consular convention of May 8, 1878, between the United States of
+America and His Majesty the King of Italy, concluded in the city of
+Washington on the 24th of February, 1881.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 28, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a copy of proclamation[44] for the convening of an
+extra session of the Senate of the United States at the Capitol, in
+the city of Washington, on the 4th day of March next, at noon.
+
+R.B. HAYES.
+
+[Footnote 44: See pp. 639-640.]
+
+
+
+EXECUTIVE MANSION, _February 28, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a copy of a letter addressed to the chairman of
+the Civil Service Commission on the 3d of December last, requesting
+to be furnished with a report upon the result in the post-office
+and custom-house in the city of New York of the application of the
+civil-service rules requiring open competitive examinations for
+appointments and promotions, together with the report of Hon. Dorman
+B. Eaton, the chairman of the Commission, in response.
+
+The report presents a very gratifying statement of the results of
+the application of the rules referred to in the two largest and most
+important local offices in the civil service of the Government. The
+subject is one of great importance to the people of the whole country.
+I would commend the suggestions and recommendation of the chairman of
+the Commission to the careful consideration of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 28, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the resolution of the Senate of the
+20th ultimo, a report from the Secretary of State, with accompanying
+papers.[45]
+
+R.B. HAYES.
+
+[Footnote 45: Correspondence relative to the sending to the United
+States by foreign governments of criminals, paupers, and insane
+persons.]
+
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the Senate of the United States_:
+
+I have the honor to inform the Senate that Hon. Benjamin Harrison,
+Senator elect from the State of Indiana, has resigned his office as a
+member of the Commission for the Improvement of the Mississippi River,
+and the same has been accepted to take effect March 3, 1881.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the Senate of the United States_:
+
+I have the honor to inform the Senate that Hon. John Sherman, Senator
+elect from the State of Ohio, has resigned the position of Secretary
+of the Treasury, and that said resignation has been accepted to take
+effect at the close of the present day.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGE.
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the House of Representatives_:
+
+Having considered the bill entitled "An act to facilitate the
+refunding of the national debt," I am constrained to return it to the
+House of Representatives, in which it originated, with the following
+statement of my objections to its passage:
+
+The imperative necessity for prompt action and the pressure of public
+duties in this closing week of my term of office compel me to refrain
+from any attempt to make a full and satisfactory presentation of the
+objections to the bill.
+
+The importance of the passage at the present session of Congress of a
+suitable measure for the refunding of the national debt which is
+about to mature is generally recognized. It has been urged upon the
+attention of Congress by the Secretary of the Treasury and in my last
+annual message. If successfully accomplished, it will secure a large
+decrease in the annual interest payment of the nation, and I earnestly
+recommend, if the bill before me shall fail, that another measure for
+this purpose be adopted before the present Congress adjourns.
+
+While, in my opinion, it would be unwise to authorize the Secretary of
+the Treasury, in his discretion, to offer to the public bonds bearing
+3-1/2 per cent interest in aid of refunding, I should not deem it my
+duty to interpose my constitutional objection to the passage of the
+present bill if it did not contain, in its fifth section, provisions
+which, in my judgment, seriously impair the value and tend to the
+destruction of the present national banking system of the country.
+This system has now been in operation almost twenty years. No safer or
+more beneficial banking system was ever established. Its advantages
+as a business are free to all who have the necessary capital. It
+furnishes a currency to the public which for convenience and security
+of the bill holder has probably never been equaled by that of any
+other banking system. Its notes are secured by the deposit with the
+Government of the interest-bearing bonds of the United States.
+
+The section of the bill before me which relates to the national
+banking system, and to which objection is made, is not an essential
+part of a refunding measure. It is as follows:
+
+ SEC. 5. From and after the 1st day of July, 1881, the 3 per
+ cent bonds authorized by the first section of this act shall
+ be the only bonds receivable as security for national-bank
+ circulation or as security for the safe-keeping and prompt
+ payment of the public money deposited with such banks; but
+ when any such bonds deposited for the purposes aforesaid shall
+ be designated for purchase or redemption by the Secretary
+ of the Treasury, the banking association depositing the same
+ shall have the right to substitute other issues of the bonds
+ of the United States in lieu thereof: _Provided_, That no bond
+ upon which interest has ceased shall be accepted or shall be
+ continued on deposit as security for circulation or for
+ the safe-keeping of the public money; and in case bonds so
+ deposited shall not be withdrawn, as provided by law, within
+ thirty days after the interest has ceased thereon, the banking
+ association depositing the same shall be subject to the
+ liabilities and proceedings on the part of the Comptroller
+ provided for in section 5234 of the Revised Statutes of the
+ United States: _And provided further_, That section 4 of the
+ act of June 20, 1874, entitled "An act fixing the amount of
+ United States notes, providing for a redistribution of the
+ national-bank currency, and for other purposes," be, and the
+ same is hereby, repealed, and sections 5159 and 5160 of the
+ Revised Statutes of the United States be, and the same are
+ hereby, reenacted.
+
+
+Under this section it is obvious that no additional banks will
+hereafter be organized, except possibly in a few cities or localities
+where the prevailing rates of interest in ordinary business are
+extremely low. No new banks can be organized and no increase of the
+capital of existing banks can be obtained except by the purchase and
+deposit of 3 per cent bonds. No other bonds of the United States can
+be used for the purpose. The one thousand millions of other bonds
+recently issued by the United States, and bearing a higher rate of
+interest than 3 per cent, and therefore a better security for the bill
+holder, can not after the 1st of July next be received as security
+for bank circulation. This is a radical change in the banking law. It
+takes from the banks the right they have heretofore had under the law
+to purchase and deposit as security for their circulation any of the
+bonds issued by the United States, and deprives the bill holder of the
+best security which the banks are able to give by requiring them
+to deposit bonds having the least value of any bonds issued by the
+Government.
+
+The average rate of taxation of capital employed in banking is more
+than double the rate of taxation upon capital employed in other
+legitimate business. Under these circumstances, to amend the banking
+law so as to deprive the banks of the privilege of securing their
+notes by the most valuable bonds issued by the Government will, it is
+believed, in a large part of the country, be a practical prohibition
+of the organization of new banks and prevent the existing banks from
+enlarging their capital. The national banking system, if continued at
+all, will be a monopoly in the hands of those already engaged in it,
+who may purchase the Government bonds bearing a more favorable rate of
+interest than the 3 per cent bonds prior to next July.
+
+To prevent the further organization of banks is to put in jeopardy the
+whole system, by taking from it that feature which makes it, as it
+now is, a banking system free upon the same terms to all who wish
+to engage in it. Even the existing banks will be in danger of being
+driven from business by the additional disadvantages to which they
+will be subjected by this bill. In short, I can not but regard
+the fifth section of the bill as a step in the direction of the
+destruction of the national banking system.
+
+Our country, after a long period of business depression, has just
+entered upon a career of unexampled prosperity.
+
+The withdrawal of the currency from circulation of the national
+banks, and the enforced winding up of the banks in consequence, would
+inevitably bring serious embarrassment and disaster to the business
+of the country. Banks of issue are essential instruments of modern
+commerce. If the present efficient and admirable system of banking is
+broken down, it will inevitably be followed by a recurrence to other
+and inferior methods of banking. Any measure looking to such a result
+will be a disturbing element in our financial system. It will destroy
+confidence and surely check the growing prosperity of the country.
+
+Believing that a measure for refunding the national debt is not
+necessarily connected with the national banking law, and that any
+refunding act would defeat its own object if it imperiled the national
+banking system or seriously impaired its usefulness, and convinced
+that section 5 of the bill before me would, if it should become a
+law, work great harm, I herewith return the bill to the House of
+Representatives for that further consideration which is provided for
+in the Constitution.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+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, Rutherford B. Hayes, 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.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 28th day of February, A.D. 1881, and of the Independence of the
+United States of America the one hundred and fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+EXECUTIVE MANSION, _Washington, February 22, 1881_.
+
+The SECRETARY OF WAR:
+
+In view of the well-known fact that the sale of intoxicating liquors
+in the Army of the United States is the cause of much demoralization
+among both officers and men, and that it gives rise to a large
+proportion of the cases before general and garrison courts-martial,
+involving great expense and serious injury to the service--
+
+_It is therefore directed_, That the Secretary of War take suitable
+steps, as far as practicable consistently with vested rights, to
+prevent the sale of intoxicating liquors as a beverage at the camps,
+forts, and other posts of the Army.
+
+R.B. HAYES.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Messages and Papers of Rutherford B.
+Hayes, by James D. Richardson
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+<pre>
+
+The Project Gutenberg EBook of Messages and Papers of Rutherford B. Hayes
+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: Messages and Papers of Rutherford B. Hayes
+ A Compilation of the Messages and Papers of the Presidents
+
+Author: James D. Richardson
+
+Release Date: July 25, 2004 [EBook #13021]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK RUTHERFORD B. HAYES ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+</pre>
+
+
+<div style="height: 8em;"><br><br><br><br><br><br><br><br></div>
+
+<h1>
+ A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+</h1>
+<center><b>
+ BY JAMES D. RICHARDSON
+</b></center>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+<hr>
+<h2>
+ Rutherford B. Hayes
+</h2>
+<h3>
+ March 4, 1877, to March 4, 1881
+</h3>
+<hr>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ Rutherford B. Hayes
+</h2>
+<p>
+ Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822.
+ His father had died in July, 1822, leaving his mother in modest
+ circumstances. He attended the common schools, and began early the
+ study of Latin and Greek with Judge Sherman Finch, of Delaware.
+ Prepared for college at an academy at Norwalk, Ohio, and at a school
+ in Middletown, Conn. In the autumn of 1838 entered Kenyon College,
+ at Gambier, Ohio. Excelled in logic, mental and moral philosophy,
+ and mathematics, and also made his mark as a debater in the literary
+ societies. On his graduation, in August, 1842, was awarded the
+ valedictory oration, with which he won much praise. Soon afterwards
+ began the study of law in the office of Thomas Sparrow, at Columbus,
+ Ohio, and then attended a course of law lectures at Harvard
+ University, entering the law school August 22, 1843, and finishing his
+ studies there in January, 1845. As a law student he had the advantage
+ of friendly intercourse with Judge Story and Professor Greenleaf, and
+ also attended the lectures of Longfellow on literature and of Agassiz
+ on natural science, pursuing at the same time the study of French and
+ German. In May, 1845, was admitted to practice in the courts of Ohio
+ as an attorney and counselor at law. Established himself first at
+ Lower Sandusky (now Fremont), where in April, 1846, he formed a law
+ partnership with Ralph P. Buckland, then a Member of Congress. In the
+ winter of 1849-50 established himself at Cincinnati. His practice at
+ first being light, continued his studies in law and literature, and
+ also became identified with various literary societies, among them
+ the literary club of Cincinnati, where he met Salmon P. Chase, Thomas
+ Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F.
+ Force, and others of note. December 30, 1852, married Miss Lucy Ware
+ Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In
+ January, 1854, formed a law partnership with H.W. Corwine and William
+ K. Rogers. In 1856 was nominated for the office of common pleas judge,
+ but declined. In 1858 was elected city solicitor by the city council
+ of Cincinnati to fill a vacancy, and in the following year was
+ elected to the same office at a popular election, but was defeated
+ for reelection in 1861. After becoming a voter he acted with the Whig
+ party, voting for Henry Clay in 1844, for General Taylor in 1848, and
+ for General Scott in 1852. Having from his youth cherished antislavery
+ feelings, he joined the Republican party as soon as it was organized,
+ and earnestly advocated the election of Frémont in 1856 and of Lincoln
+ in 1860. At a great mass meeting held in Cincinnati immediately
+ after the firing on Fort Sumter was made chairman of a committee on
+ resolutions. His literary club formed a military company, of which he
+ was elected captain. June 7, 1861, was appointed by the governor of
+ Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861,
+ was appointed by General Rosecrans judge-advocate of the Department
+ of the Ohio. October 24, 1861, was promoted to the rank of
+ lieutenant-colonel. In the battle of South Mountain, September 14,
+ 1862, distinguished himself by gallant conduct in leading a charge and
+ in holding a position at the head of his troops after being severely
+ wounded in his left arm. October 24, 1862, was appointed colonel
+ of the Twenty-third Ohio. In July, 1863, while with the army in
+ southwestern Virginia, caused an expedition of two regiments and a
+ section of artillery under his command to be dispatched to Ohio for
+ the purpose of checking the raid of the Confederate general John
+ Morgan, and aided materially in preventing the raiders from recrossing
+ the Ohio River and in compelling Morgan to surrender. In the spring
+ of 1864 commanded a brigade in General Crook's expedition to cut the
+ principal lines of communication between Richmond and the Southwest.
+ Distinguished himself by conspicuous bravery at the head of his
+ brigade in storming a fortified position on the crest of Cloyd
+ Mountain. Commanded a brigade in the first battle of Winchester. Took
+ a creditable part in the engagement at Berryville, and at the second
+ battle of Winchester, September 19, 1864, performed a feat of great
+ bravery. Leading an assault upon a battery on an eminence, he found in
+ his way a morass over 50 yards wide. Being at the head of his brigade,
+ he plunged in first, and, his horse becoming mired at once, he
+ dismounted and waded across alone under the enemy's fire. Signaled his
+ men to come over, and when about 40 had joined him he rushed upon the
+ battery and captured it after a hand-to-hand fight. At Fishers Hill,
+ September 22, 1864, being then in command of a division, executed a
+ brilliant flank movement over mountains and through woods, took many
+ pieces of artillery, and routed the enemy. At the battle of Cedar
+ Creek, October 19, 1864, his conduct attracted so much attention that
+ his commander, General Crook, commended him, saying, "Colonel, from
+ this day you will be a brigadier-general." The commission reached him
+ a few days afterwards. March 13, 1865, received the rank of brevet
+ major-general "for gallant and distinguished services during the
+ campaign of 1864 in West Virginia, and particularly at the battles of
+ Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the
+ field, was nominated for Congress and elected. After the war, returned
+ to civil life, and took his seat in Congress December 4, 1865. Voted
+ with his party on questions connected with the reconstruction of the
+ Southern States; supported a resolution declaring the sacredness of
+ the public debt and denouncing repudiation, and also one commending
+ President Johnson for declining to accept presents and condemning the
+ practice; opposed a resolution favoring an increase of pay of members
+ of Congress; introduced in a Republican caucus resolutions declaring
+ that the only mode of obtaining from the States lately in rebellion
+ irreversible guaranties was by constitutional amendment, and that
+ an amendment basing representation upon voters instead of population
+ ought to be acted upon without delay. In August, 1866, was renominated
+ for Congress by acclamation, and was reelected. Supported the
+ impeachment of President Johnson. In June, 1867, was nominated for
+ governor of Ohio, and at the election defeated Judge Allen G. Thurman.
+ In June, 1869, was again nominated for governor, and at the election
+ defeated George H. Pendleton. At the expiration of his term as
+ governor declined to be a candidate for the United States Senate
+ against John Sherman. In 1872 was again nominated for Congress, but at
+ the election was defeated. Declined the office of assistant treasurer
+ of the United States at Cincinnati. In 1873 established his home at
+ Fremont with the intention of retiring from public life. In 1875 was
+ again nominated for governor of Ohio, and at the election defeated
+ William Allen. Was nominated for President of the United States at
+ the national Republican convention at Cincinnati on June 16, 1876. The
+ Democrats selected as their candidate Samuel J. Tilden, of New York.
+ The result of the election became the subject of acrimonious dispute.
+ Each party charged fraud upon the other, and both parties claimed to
+ have carried the States of Louisiana, South Carolina, and Florida.
+ To avoid a deadlock, which might have happened if the canvass of
+ the electoral votes had been left to the two Houses of Congress
+ (the Senate having a Republican and the House of Representatives a
+ Democratic majority), an act, advocated by members of both parties,
+ was passed to refer all contested cases to a commission composed of
+ five Senators, five Representatives, and five Justices of the Supreme
+ Court, the decision of this commission to be final unless set aside
+ by a concurrent vote of the two Houses of Congress. The commission,
+ refusing to go behind the certificates of the governors, decided in
+ each contested case by a vote of 8 to 7 in favor of the Republican
+ electors, beginning with Florida on February 7, and on March 2 Mr.
+ Hayes was declared duly elected President of the United States. Was
+ inaugurated March 5, 1877. At the expiration of his term returned to
+ his home at Fremont, Ohio. Was the recipient of various distinctions.
+ The degree of LL.D. was conferred upon him by Kenyon College, Harvard
+ University, Yale College, and Johns Hopkins University. Was made
+ senior vice-commander of the Military Order of the Loyal Legion,
+ commander of the Ohio commandery of the same order, first president
+ of the Society of the Army of West Virginia, and president of the
+ Twenty-third Regiment Ohio Volunteers Association. Was president of
+ the trustees of the John F. Slater education fund; one of the trustees
+ of the Peabody education fund; president of the National Prison
+ Reform Association; an active member of the National Conference
+ of Corrections and Charities; a trustee of the Western Reserve
+ University, at Cleveland, Ohio, of the Wesleyan University, of
+ Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the
+ Ohio State University. He died at Fremont, Ohio, January 17, 1893, and
+ was buried there.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ INAUGURAL ADDRESS.
+</h2>
+<p>
+ FELLOW-CITIZENS: We have assembled to repeat the public ceremonial,
+ begun by Washington, observed by all my predecessors, and now a
+ time-honored custom, which marks the commencement of a new term of
+ the Presidential office. Called to the duties of this great trust,
+ I proceed, in compliance with usage, to announce some of the leading
+ principles, on the subjects that now chiefly engage the public
+ attention, by which it is my desire to be guided in the discharge of
+ those duties. I shall not undertake to lay down irrevocably principles
+ or measures of administration, but rather to speak of the motives
+ which should animate us, and to suggest certain important ends to
+ be attained in accordance with our institutions and essential to the
+ welfare of our country.
+</p>
+<p>
+ At the outset of the discussions which preceded the recent
+ Presidential election it seemed to me fitting that I should fully make
+ known my sentiments in regard to several of the important questions
+ which then appeared to demand the consideration of the country.
+ Following the example, and in part adopting the language, of one of my
+ predecessors, I wish now, when every motive for misrepresentation has
+ passed away, to repeat what was said before the election, trusting
+ that my countrymen will candidly weigh and understand it, and that
+ they will feel assured that the sentiments declared in accepting the
+ nomination for the Presidency will be the standard of my conduct in
+ the path before me, charged, as I now am, with the grave and difficult
+ task of carrying them out in the practical administration of the
+ Government so far as depends, under the Constitution and laws, on the
+ Chief Executive of the nation.
+</p>
+<p>
+ The permanent pacification of the country upon such principles and
+ by such measures as will secure the complete protection of all its
+ citizens in the free enjoyment of all their constitutional rights is
+ now the one subject in our public affairs which all thoughtful and
+ patriotic citizens regard as of supreme importance.
+</p>
+<p>
+ Many of the calamitous effects of the tremendous revolution which
+ has passed over the Southern States still remain. The immeasurable
+ benefits which will surely follow, sooner or later, the hearty and
+ generous acceptance of the legitimate results of that revolution have
+ not yet been realized. Difficult and embarrassing questions meet us
+ at the threshold of this subject. The people of those States are
+ still impoverished, and the inestimable blessing of wise, honest,
+ and peaceful local self-government is not fully enjoyed. Whatever
+ difference of opinion may exist as to the cause of this condition of
+ things, the fact is clear that in the progress of events the time has
+ come when such government is the imperative necessity required by all
+ the varied interests, public and private, of those States. But it must
+ not be forgotten that only a local government which recognizes and
+ maintains inviolate the rights of all is a true self-government.
+</p>
+<p>
+ With respect to the two distinct races whose peculiar relations to
+ each other have brought upon us the deplorable complications and
+ perplexities which exist in those States, it must be a government
+ which guards the interests of both races carefully and equally.
+ It must be a government which submits loyally and heartily to the
+ Constitution and the laws&mdash;the laws of the nation and the laws of
+ the States themselves&mdash;accepting and obeying faithfully the whole
+ Constitution as it is.
+</p>
+<p>
+ Resting upon this sure and substantial foundation, the superstructure
+ of beneficent local governments can be built up, and not otherwise.
+ In furtherance of such obedience to the letter and the spirit of the
+ Constitution, and in behalf of all that its attainment implies, all
+ so-called party interests lose their apparent importance, and party
+ lines may well be permitted to fade into insignificance. The question
+ we have to consider for the immediate welfare of those States of the
+ Union is the question of government or no government; of social order
+ and all the peaceful industries and the happiness that belong to it,
+ or a return to barbarism. It is a question in which every citizen of
+ the nation is deeply interested, and with respect to which we ought
+ not to be, in a partisan sense, either Republicans or Democrats, but
+ fellow-citizens and fellow-men, to whom the interests of a common
+ country and a common humanity are dear.
+</p>
+<p>
+ The sweeping revolution of the entire labor system of a large portion
+ of our country and the advance of 4,000,000 people from a condition
+ of servitude to that of citizenship, upon an equal footing with their
+ former masters, could not occur without presenting problems of the
+ gravest moment, to be dealt with by the emancipated race, by their
+ former masters, and by the General Government, the author of the
+ act of emancipation. That it was a wise, just, and providential
+ act, fraught with good for all concerned, is now generally conceded
+ throughout the country. That a moral obligation rests upon the
+ National Government to employ its constitutional power and influence
+ to establish the rights of the people it has emancipated, and to
+ protect them in the enjoyment of those rights when they are infringed
+ or assailed, is also generally admitted.
+</p>
+<p>
+ The evils which afflict the Southern States can only be removed or
+ remedied by the united and harmonious efforts of both races, actuated
+ by motives of mutual sympathy and regard; and while in duty bound and
+ fully determined to protect the rights of all by every constitutional
+ means at the disposal of my Administration, I am sincerely anxious to
+ use every legitimate influence in favor of honest and efficient
+ local <i>self</i>-government as the true resource of those States for the
+ promotion of the contentment and prosperity of their citizens. In
+ the effort I shall make to accomplish this purpose I ask the cordial
+ cooperation of all who cherish an interest in the welfare of the
+ country, trusting that party ties and the prejudice of race will be
+ freely surrendered in behalf of the great purpose to be accomplished.
+ In the important work of restoring the South it is not the political
+ situation alone that merits attention. The material development
+ of that section of the country has been arrested by the social and
+ political revolution through which it has passed, and now needs and
+ deserves the considerate care of the National Government within the
+ just limits prescribed by the Constitution and wise public economy.
+</p>
+<p>
+ But at the basis of all prosperity, for that as well as for every
+ other part of the country, lies the improvement of the intellectual
+ and moral condition of the people. Universal suffrage should rest
+ upon universal education. To this end, liberal and permanent
+ provision should be made for the support of free schools by the State
+ governments, and, if need be, supplemented by legitimate aid from
+ national authority.
+</p>
+<p>
+ Let me assure my countrymen of the Southern States that it is my
+ earnest desire to regard and promote their truest interests&mdash;the
+ interests of the white and of the colored people both and equally&mdash;and
+ to put forth my best efforts in behalf of a civil policy which will
+ forever wipe out in our political affairs the color line and the
+ distinction between North and South, to the end that we may have not
+ merely a united North or a united South, but a united country.
+</p>
+<p>
+ I ask the attention of the public to the paramount necessity of reform
+ in our civil service&mdash;a reform not merely as to certain abuses and
+ practices of so-called official patronage which have come to have the
+ sanction of usage in the several Departments of our Government, but
+ a change in the system of appointment itself; a reform that shall
+ be thorough, radical, and complete; a return to the principles and
+ practices of the founders of the Government. They neither expected
+ nor desired from public officers any partisan service. They meant that
+ public officers should owe their whole service to the Government and
+ to the people. They meant that the officer should be secure in his
+ tenure as long as his personal character remained untarnished and the
+ performance of his duties satisfactory. They held that appointments to
+ office were not to be made nor expected merely as rewards for partisan
+ services, nor merely on the nomination of members of Congress, as
+ being entitled in any respect to the control of such appointments.
+</p>
+<p>
+ The fact that both the great political parties of the country, in
+ declaring their principles prior to the election, gave a prominent
+ place to the subject of reform of our civil service, recognizing and
+ strongly urging its necessity, in terms almost identical in their
+ specific import with those I have here employed, must be accepted as
+ a conclusive argument in behalf of these measures. It must be regarded
+ as the expression of the united voice and will of the whole country
+ upon this subject, and both political parties are virtually pledged
+ to give it their unreserved support.
+</p>
+<p>
+ The President of the United States of necessity owes his election to
+ office to the suffrage and zealous labors of a political party,
+ the members of which cherish with ardor and regard as of essential
+ importance the principles of their party organization; but he should
+ strive to be always mindful of the fact that he serves his party best
+ who serves the country best.
+</p>
+<p>
+ In furtherance of the reform we seek, and in other important respects
+ a change of great importance, I recommend an amendment to the
+ Constitution prescribing a term of six years for the Presidential
+ office and forbidding a reelection.
+</p>
+<p>
+ With respect to the financial condition of the country, I shall not
+ attempt an extended history of the embarrassment and prostration which
+ we have suffered during the past three years. The depression in all
+ our varied commercial and manufacturing interests throughout the
+ country, which began in September, 1873, still continues. It is very
+ gratifying, however, to be able to say that there are indications all
+ around us of a coming change to prosperous times.
+</p>
+<p>
+ Upon the currency question, intimately connected, as it is, with this
+ topic, I may be permitted to repeat here the statement made in my
+ letter of acceptance, that in my judgment the feeling of uncertainty
+ inseparable from an irredeemable paper currency, with its fluctuation
+ of values, is one of the greatest obstacles to a return to prosperous
+ times. The only safe paper currency is one which rests upon a coin
+ basis and is at all times and promptly convertible into coin.
+</p>
+<p>
+ I adhere to the views heretofore expressed by me in favor of
+ Congressional legislation in behalf of an early resumption of specie
+ payments, and I am satisfied not only that this is wise, but that
+ the interests, as well as the public sentiment, of the country
+ imperatively demand it.
+</p>
+<p>
+ Passing from these remarks upon the condition of our own country
+ to consider our relations with other lands, we are reminded by the
+ international complications abroad, threatening the peace of Europe,
+ that our traditional rule of noninterference in the affairs of foreign
+ nations has proved of great value in past times and ought to be
+ strictly observed.
+</p>
+<p>
+ The policy inaugurated by my honored predecessor, President Grant, of
+ submitting to arbitration grave questions in dispute between ourselves
+ and foreign powers points to a new, and incomparably the best,
+ instrumentality for the preservation of peace, and will, as I believe,
+ become a beneficent example of the course to be pursued in similar
+ emergencies by other nations.
+</p>
+<p>
+ If, unhappily, questions of difference should at any time during the
+ period of my Administration arise between the United States and any
+ foreign government, it will certainly be my disposition and my hope to
+ aid in their settlement in the same peaceful and honorable way, thus
+ securing to our country the great blessings of peace and mutual good
+ offices with all the nations of the world.
+</p>
+<p>
+ Fellow-citizens, we have reached the close of a political contest
+ marked by the excitement which usually attends the contests between
+ great political parties whose members espouse and advocate with
+ earnest faith their respective creeds. The circumstances were,
+ perhaps, in no respect extraordinary save in the closeness and the
+ consequent uncertainty of the result.
+</p>
+<p>
+ For the first time in the history of the country it has been deemed
+ best, in view of the peculiar circumstances of the case, that the
+ objections and questions in dispute with reference to the counting of
+ the electoral votes should be referred to the decision of a tribunal
+ appointed for this purpose.
+</p>
+<p>
+ That tribunal&mdash;established by law for this sole purpose; its members,
+ all of them, men of long-established reputation for integrity and
+ intelligence, and, with the exception of those who are also members of
+ the supreme judiciary, chosen equally from both political parties; its
+ deliberations enlightened by the research and the arguments of able
+ counsel&mdash;was entitled to the fullest confidence of the American
+ people. Its decisions have been patiently waited for, and accepted
+ as legally conclusive by the general judgment of the public. For the
+ present, opinion will widely vary as to the wisdom of the several
+ conclusions announced by that tribunal. This is to be anticipated
+ in every instance where matters of dispute are made the subject of
+ arbitration under the forms of law. Human judgment is never unerring,
+ and is rarely regarded as otherwise than wrong by the unsuccessful
+ party in the contest.
+</p>
+<p>
+ The fact that two great political parties have in this way settled a
+ dispute in regard to which good men differ as to the facts and the
+ law no less than as to the proper course to be pursued in solving the
+ question in controversy is an occasion for general rejoicing.
+</p>
+<p>
+ Upon one point there is entire unanimity in public sentiment&mdash;that
+ conflicting claims to the Presidency must be amicably and peaceably
+ adjusted, and that when so adjusted the general acquiescence of the
+ nation ought surely to follow.
+</p>
+<p>
+ It has been reserved for a government of the people, where the right
+ of suffrage is universal, to give to the world the first example in
+ history of a great nation, in the midst of the struggle of opposing
+ parties for power, hushing its party tumults to yield the issue of
+ the contest to adjustment according to the forms of law.
+</p>
+<p>
+ Looking for the guidance of that Divine Hand by which the destinies
+ of nations and individuals are shaped, I call upon you, Senators,
+ Representatives, judges, fellow-citizens, here and everywhere, to
+ unite with me in an earnest effort to secure to our country the
+ blessings, not only of material prosperity, but of justice, peace, and
+ union&mdash;a union depending not upon the constraint of force, but upon
+ the loving devotion of a free people; "and that all things may be
+ so ordered and settled upon the best and surest foundations that
+ peace and happiness, truth and justice, religion and piety, may be
+ established among us for all generations."
+</p>
+<p>
+ MARCH 5, 1877.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the final adjournment of the Forty-fourth Congress without
+ making the usual appropriations for the support of the Army for the
+ fiscal year ending June 30, 1878, presents an extraordinary occasion
+ requiring the President to exercise the power vested in him by the
+ Constitution to convene the Houses of Congress in anticipation of the
+ day fixed by law for their next meeting:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do, by virtue of the power to this end in me vested by the
+ Constitution, convene both Houses of Congress to assemble at their
+ respective chambers at 12 o'clock noon on Monday, the 15th day of
+ October next, then and there to consider and determine such measures
+ as in their wisdom their duty and the welfare of the people may seem
+ to demand.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 5th day of May, A.D. 1877, and of
+ the Independence of the United States of America the one hundred and
+ first.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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
+</p>
+<p>
+ Whereas the governor of the State of West Virginia has represented
+ that domestic violence exists in said State at Martinsburg, and at
+ various other points along the line of the Baltimore and Ohio Railroad
+ in said State, which the authorities of said State are unable to
+ suppress; and
+</p>
+<p>
+ Whereas the laws of the United States require that in all cases of
+ insurrection in any State or of obstruction to the laws thereof,
+ whenever it may be necessary, in the judgment of the President, he
+ shall forthwith, by proclamation, command such insurgents to disperse
+ and retire peaceably to their respective abodes within a limited time:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+ connected with said domestic violence and obstruction of the laws to
+ disperse and retire peaceably to their respective abodes on or before
+ 12 o'clock noon of the 19th day of July instant.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 18th day of July, A.D. 1877, and
+ of the Independence of the United States of America the one hundred
+ and second.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ F.W. SEWARD,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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
+</p>
+<p>
+ Whereas the governor of the State of Maryland has represented that
+ domestic violence exists in said State at Cumberland, and along the
+ line of the Baltimore and Ohio Railroad in said State, which the
+ authorities of said State are unable to suppress; and
+</p>
+<p>
+ Whereas the laws of the United States require that in all cases of
+ insurrection in any State or of obstruction to the laws thereof,
+ whenever, in the judgment of the President, it becomes necessary to
+ use the military forces to suppress such insurrection or obstruction
+ to the laws, he shall forthwith, by proclamation, command such
+ insurgents to disperse and retire peaceably to their respective abodes
+ within a limited time:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+ connected with said domestic violence and obstruction of the laws to
+ disperse and retire peaceably to their respective abodes on or before
+ noon of the 22d day of July instant.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 21st day of July, A.D. 1877, and
+ of the Independence of the United States of America the one hundred
+ and second.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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
+</p>
+<p>
+ Whereas the governor of the State of Pennsylvania has represented that
+ domestic violence exists in said State which the authorities of said
+ State are unable to suppress; and
+</p>
+<p>
+ Whereas the laws of the United States require that in all cases of
+ insurrection in any State or of obstruction to the laws thereof,
+ whenever, in the judgment of the President, it becomes necessary to
+ use the military forces to suppress such insurrection or obstruction
+ to the laws, he shall forthwith, by proclamation, command such
+ insurgents to disperse and retire peaceably to their respective abodes
+ within a limited time;
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+ connected with said domestic violence and obstruction of the laws to
+ disperse and retire peaceably to their respective abodes on or before
+ 12 o'clock noon of the 24th day of July instant.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 23d day of July, A.D. 1877, and
+ of the Independence of the United States of America the one hundred
+ and second.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<a name="2H_4_0005"><!-- H2 anchor --></a>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 9, 1877</i>.
+</p>
+<p>
+ SIR:<a href="#note-1"><small>1</small></a> The President directs me to say that the several Departments
+ of the Government will be closed on Wednesday, the 30th instant, to
+ enable the employees to participate in the decoration of the graves of
+ the soldiers who fell during the rebellion.
+</p>
+<p>
+ I am, sir, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Secretary</i>.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 26, 1877</i>.
+</p>
+<p>
+Hon. JOHN SHERMAN,<br>
+ <i>Secretary of the Treasury</i>.
+</p>
+<p>
+ MY DEAR SIR: I have read the partial report of the commission
+ appointed to examine the New York custom-house. I concur with the
+ commission in their recommendations. It is my wish that the collection
+ of the revenues should be free from partisan control, and organized on
+ a strictly business basis, with the same guaranties for efficiency and
+ fidelity in the selection of the chief and subordinate officers that
+ would be required by a prudent merchant. Party leaders should have
+ no more influence in appointments than other equally respectable
+ citizens. No assessments for political purposes on officers or
+ subordinates should be allowed. No useless officer or employee should
+ be retained. No officer should be required or permitted to take part
+ in the management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express their
+ views on public questions, either orally or through the press, is not
+ denied, provided it does not interfere with the discharge of their
+ official duties.
+</p>
+<p>
+ Respectfully,
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, June 22, 1877</i>,
+</p>
+<p>
+ SIR:<a href="#note-2"><small>2</small></a> I desire to call your attention to the following paragraph
+ in a letter addressed by me to the Secretary of the Treasury on
+ the conduct to be observed by officers of the General Government in
+ relation to the elections:
+</p>
+<p class="q">
+ No officer should be required or permitted to take part in the
+ management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express
+ their views on public questions, either orally or through the
+ press, is not denied, provided it does not interfere with
+ the discharge of their official duties. No assessment for
+ political purposes on officers or subordinates should be
+ allowed.
+</p>
+<p>
+ This rule is applicable to every department of the civil service. It
+ should be understood by every officer of the General Government that
+ he is expected to conform his conduct to its requirements.
+</p>
+<p>
+ Very respectfully,
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>August 7, 1877</i>.
+</p>
+<p>
+ By virtue of authority conferred upon the President of the United
+ States by the provisions of section 2132, Revised Statutes of the
+ United States, as follows:
+</p>
+<p class="q">
+ The President is authorized, whenever in his opinion the
+ public interest may require the same, to prohibit the
+ introduction of goods, or of any particular article, into
+ the country belonging to any Indian tribe, and to direct
+ all licenses to trade with such tribe to be revoked and all
+ applications therefor to be rejected. No trader to any other
+ tribe shall, so long as such prohibition may continue, trade
+ with any Indians of or for the tribe against which such
+ prohibition is issued&mdash;
+</p>
+<p>
+ the introduction into the Indian country, for the purpose of sale or
+ exchange to or with Indians, of any breech-loading firearms, and of
+ any special ammunition adapted to such arms, and the sale and exchange
+ to Indians in the Indian country of any such arms or ammunition, is
+ hereby prohibited; and it is hereby directed that all authority under
+ any license to trade in such arms or ammunition is hereby revoked.
+</p>
+<p>
+ The introduction into the country or district occupied by any tribe of
+ hostile Indians, for the purpose of sale or exchange to them, of arms
+ or ammunition of any description, and the sale or exchange thereof to
+ or with such Indians, is hereby prohibited; and it is hereby directed
+ that all license to trade in arms or ammunition of any description
+ with such tribe be revoked.
+</p>
+<p>
+ By virtue of section 2150, Revised Statutes, as follows:
+</p>
+<p class="q">
+ The military forces of the United States may be employed in
+ such manner and under such regulations as the President may
+ direct&mdash;
+</p>
+<hr>
+<p class="q">
+ Third. In preventing the introduction of persons and property
+ into the Indian country contrary to law, which persons and
+ property shall be proceeded against according to law.
+</p>
+<hr>
+<p>
+ All military commanders are hereby charged with the duty of assisting
+ in the execution of the above order and of Executive order of November
+ 23, 1876,<a href="#note-3"><small>3</small></a> the provisions of which are extended to include all
+ Indian country within the Territories of Idaho, Utah, and Washington
+ and the States of Nevada and Oregon.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL SESSION MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>October 15, 1877.</i>
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ The adjournment of the last Congress without making appropriations
+ for the support of the Army for the present fiscal year has rendered
+ necessary a suspension of payments to the officers and men of the sums
+ due them for services rendered after the 30th day of June last.
+ The Army exists by virtue of statutes which prescribe its numbers,
+ regulate its organization and employment, and which fix the pay of its
+ officers and men and declare their right to receive the same at stated
+ periods. These statutes, however, do not authorize the payment of
+ the troops in the absence of specific appropriations therefor. The
+ Constitution has wisely provided that "no money shall be drawn from
+ the Treasury but in consequence of appropriations made by law;" and
+ it has also been declared by statute that "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." We have,
+ therefore, an Army in service, authorized by law and entitled to be
+ paid, but no funds available for that purpose.
+</p>
+<p>
+ It may also be said, as an additional incentive to prompt action by
+ Congress, that since the commencement of the fiscal year the Army,
+ though without pay, has been constantly and actively employed in
+ arduous and dangerous service, in the performance of which both
+ officers and men have discharged their duty with fidelity and
+ courage and without complaint. These circumstances, in my judgment,
+ constituted an extraordinary occasion requiring that Congress be
+ convened in advance of the time prescribed by law for your meeting in
+ regular session. The importance of speedy action upon this subject
+ on the part of Congress is so manifest that I venture to suggest the
+ propriety of making the necessary appropriations for the support
+ of the Army for the current year at its present maximum numerical
+ strength of 25,000 men, leaving for future consideration all questions
+ relating to an increase or decrease of the number of enlisted men.
+ In the event of the reduction of the Army by subsequent legislation
+ during the fiscal year, the excess of the appropriation could not
+ be expended; and in the event of its enlargement the additional sum
+ required for the payment of the extra force could be provided in due
+ time. It would be unjust to the troops now in service, and whose pay
+ is already largely in arrears, if payment to them should be further
+ postponed until after Congress shall have considered all the questions
+ likely to arise in the effort to fix the proper limit to the strength
+ of the Army.
+</p>
+<p>
+ Estimates of appropriations for the support of the military
+ establishment for the fiscal year ending June 30, 1878, were
+ transmitted to Congress by the former Secretary of the Treasury at the
+ opening of its session in December last. These estimates, modified by
+ the present Secretary so as to conform to present requirements, are
+ now renewed, amounting to $32,436,764.98, and, having been transmitted
+ to both Houses of Congress, are submitted for your consideration.
+</p>
+<p>
+ There is also required by the Navy Department $2,003,861.24. This sum
+ is made up of $1,446,688.16 due to officers and enlisted men for the
+ last quarter of the last fiscal year; $311,953.50 due for advances
+ made by the fiscal agent of the Government in London for the support
+ of the foreign service; $50,000 due to the naval-hospital fund;
+ $150,000 due for arrearages of pay to officers, and $45,219.58 for the
+ support of the Marine Corps.
+</p>
+<p>
+ There will also be needed an appropriation of $262,535.22 to defray
+ the unsettled expenses of the United States courts for the fiscal year
+ ending June 30 last, now due to attorneys, clerks, commissioners, and
+ marshals, and for rent of court rooms, the support of prisoners, and
+ other deficiencies.
+</p>
+<p>
+ A part of the building of the Interior Department was destroyed by
+ fire on the 24th of last month. Some immediate repairs and temporary
+ structures have in consequence become necessary, estimates for which
+ will be transmitted to Congress immediately, and an appropriation of
+ the requisite funds is respectfully recommended.
+</p>
+<p>
+ The Secretary of the Treasury will communicate to Congress, in
+ connection with the estimates for the appropriations for the support
+ of the Army for the current fiscal year, estimates for such other
+ deficiencies in the different branches of the public service as
+ require immediate action and can not without inconvenience be
+ postponed until the regular session.
+</p>
+<p>
+ I take this opportunity also to invite your attention to the propriety
+ of adopting at your present session the necessary legislation
+ to enable the people of the United States to participate in the
+ advantages of the International Exhibition of Agriculture, Industry,
+ and the Fine Arts which is to be held at Paris in 1878, and in which
+ this Government has been invited by the Government of France to take
+ part.
+</p>
+<p>
+ This invitation was communicated to this Government in May, 1876,
+ by the minister of France at this capital, and a copy thereof was
+ submitted to the proper committees of Congress at its last session,
+ but no action was taken upon the subject.
+</p>
+<p>
+ The Department of State has received many letters from various parts
+ of the country expressing a desire to participate in the exhibition,
+ and numerous applications of a similar nature have also been made at
+ the United States legation at Paris.
+</p>
+<p>
+ The Department of State has also received official advice of the
+ strong desire on the part of the French Government that the United
+ States should participate in this enterprise, and space has hitherto
+ been and still is reserved in the exhibition buildings for the use of
+ exhibitors from the United States, to the exclusion of other parties
+ who have been applicants therefor.
+</p>
+<p>
+ In order that our industries may be properly represented at the
+ exhibition, an appropriation will be needed for the payment of
+ salaries and expenses of commissioners, for the transportation of
+ goods, and for other purposes in connection with the object in view;
+ and as May next is the time fixed for the opening of the exhibition,
+ if our citizens are to share the advantages of this international
+ competition for the trade of other nations the necessity of immediate
+ action is apparent.
+</p>
+<p>
+ To enable the United States to cooperate in the international
+ exhibition which was held at Vienna in 1873, Congress then passed a
+ joint resolution making an appropriation of $200,000 and authorizing
+ the President to appoint a certain number of practical artisans and
+ scientific men who should attend the exhibition and report their
+ proceedings and observations to him. Provision was also made for the
+ appointment of a number of honorary commissioners.
+</p>
+<p>
+ I have felt that prompt action by Congress in accepting the invitation
+ of the Government of France is of so much interest to the people of
+ this country and so suitable to the cordial relations between the
+ Governments of the two countries that the subject might properly be
+ presented for attention at your present session.
+</p>
+<p>
+ The Government of Sweden and Norway has addressed an official
+ invitation to this Government to take part in the International Prison
+ Congress to be held at Stockholm next year. The problem which the
+ congress proposes to study&mdash;how to diminish crime&mdash;is one in which
+ all civilized nations have an interest in common, and the congress
+ of Stockholm seems likely to prove the most important convention ever
+ held for the study of this grave question. Under authority of a joint
+ resolution of Congress approved February 16, 1875, a commissioner was
+ appointed by my predecessor to represent the United States upon that
+ occasion, and the Prison Congress having been, at the earnest desire
+ of the Swedish Government, postponed to 1878, his commission was
+ renewed by me. An appropriation of $8,000 was made in the sundry civil
+ act of 1875 to meet the expenses of the commissioner. I recommend
+ the reappropriation of that sum for the same purpose, the former
+ appropriation having been covered into the Treasury and being no
+ longer available for the purpose without further action by Congress.
+ The subject is brought to your attention at this time in view of
+ circumstances which render it highly desirable that the commissioner
+ should proceed to the discharge of his important duties immediately.
+</p>
+<p>
+ As the several acts of Congress providing for detailed reports from
+ the different Departments of the Government require their submission
+ at the beginning of the regular annual session, I defer until that
+ time any further reference to subjects of public interest.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., October 17, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith the report of a board of inquiry
+ appointed by the Secretary of the Interior to examine into the causes
+ of the fire which destroyed a part of the Interior Department building
+ on the 24th of last month.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., October 17, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a report of the Secretary of
+ the Navy, setting forth the particulars with reference to the existing
+ deficiencies in the Navy Department.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 1st
+ instant, I transmit herewith reports from the Secretary of State and
+ the Secretary of War, with their accompanying papers.<a href="#note-4"><small>4</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 5th
+ instant, I transmit herewith reports from the Secretary of State and
+ the Secretary of the Treasury, with their accompanying documents.<a href="#note-5"><small>5</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 16th of
+ October, 1877, I have the honor to transmit herewith a statement of
+ the appropriations and expenditures by the Navy Department from the
+ 4th of March, 1789, to June 30, 1876.
+</p>
+<p>
+ A similar statement for the War Department is being prepared as
+ rapidly as the limited clerical force in the Treasury Department will
+ permit, and when completed will be transmitted to the Senate.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>November 12, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 30th of
+ October, 1877, I have the honor to transmit herewith a statement of
+ the annual appropriations and expenditures for army and navy pensions,
+ showing also the repayments, the amounts carried to the surplus fund,
+ and the net expenditures under each appropriation from March 4, 1789,
+ to June 30, 1876.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 14, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 8th instant, I
+ transmit herewith a report<a href="#note-6"><small>6</small></a> from the Secretary of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>November 15, 1887</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to its
+ resolution of the 12th instant, a report<a href="#note-7"><small>7</small></a> from the Secretary of
+ State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 20, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a joint resolution of the House of Representatives of the
+ 6th instant, requesting the opinions of the heads of the Departments
+ respecting the obligatory use of the metrical system of weights and
+ measures, I transmit herewith a report from the Secretary of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>November 27, 1877</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a declaration between the United States and the
+ Government of Her Majesty the Queen of the United Kingdom of Great
+ Britain and Ireland, for the reciprocal protection of the marks of
+ manufacture and trade in the two countries, signed on the 24th of
+ October, 1877.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ The completed circle of summer and winter, seedtime and harvest,
+ has brought us to the accustomed season at which a religious people
+ celebrates with praise and thanksgiving the enduring mercy of Almighty
+ God. This devout and public confession of the constant dependence of
+ man upon the divine favor for all the good gifts of life and health
+ and peace and happiness, so early in our history made the habit of
+ our people, finds in the survey of the past year new grounds for its
+ joyful and grateful manifestation.
+</p>
+<p>
+ In all the blessings which depend upon benignant seasons, this has
+ indeed been a memorable year. Over the wide territory of our country,
+ with all its diversity of soil and climate and products, the earth has
+ yielded a bountiful return to the labor of the husbandman. The
+ health of the people has been blighted by no prevalent or widespread
+ diseases. No great disasters of shipwreck upon our coasts or to our
+ commerce on the seas have brought loss and hardship to merchants or
+ mariners and clouded the happiness of the community with sympathetic
+ sorrow.
+</p>
+<p>
+ In all that concerns our strength and peace and greatness as a nation;
+ in all that touches the permanence and security of our Government and
+ the beneficent institutions on which it rests; in all that affects
+ the character and dispositions of our people and tests our capacity
+ to enjoy and uphold the equal and free condition of society, now
+ permanent and universal throughout the land, the experience of the
+ last year is conspicuously marked by the protecting providence of God
+ and is full of promise and hope for the coming generations.
+</p>
+<p>
+ Under a sense of these infinite obligations to the Great Ruler of
+ Times and Seasons and Events, let us humbly ascribe it to our own
+ faults and frailties if in any degree that perfect concord and
+ happiness, peace and justice, which such great mercies should diffuse
+ through the hearts and lives of our people do not altogether and
+ always and everywhere prevail. Let us with one spirit and with one
+ voice lift up praise and thanksgiving to God for His manifold goodness
+ to our land, His manifest care for our nation.
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do appoint Thursday, the 29th day of November next, as a day
+ of national thanksgiving and prayer; and I earnestly recommend that,
+ withdrawing themselves from secular cares and labors, the people of
+ the United States do meet together on that day in their respective
+ places of worship, there to give thanks and praise to Almighty God for
+ His mercies and to devoutly beseech their continuance.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 29th day of October, A.D.
+ 1877, and of the Independence of the United States the one hundred and
+ second.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDER.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., November 2, 1877</i>.
+</p>
+<p>
+ I lament the sad occasion which makes it my duty to testify the public
+ respect for the eminent citizen and distinguished statesman whose
+ death yesterday at his home in Indianapolis has been made known to the
+ people by telegraphic announcement.
+</p>
+<p>
+ The services of Oliver P. Morton to the nation in the difficult and
+ responsible administration of the affairs of the State of Indiana
+ as its governor at a critical juncture of the civil war can never be
+ overvalued by his countrymen. His long service in the Senate has shown
+ his great powers as a legislator and as a leader and chief counselor
+ of the political party charged with the conduct of the Government
+ during that period.
+</p>
+<p>
+ In all things and at all times he has been able, strenuous, and
+ faithful in the public service, and his fame with his countrymen rests
+ upon secure foundations.
+</p>
+<p>
+ The several Executive Departments will be closed on the day of his
+ funeral, and appropriate honors should be paid to the memory of the
+ deceased statesman by the whole nation.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ FIRST ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ DECEMBER 3, 1877.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives:</i>
+</p>
+<p>
+ With devout gratitude to the bountiful Giver of All Good, I
+ congratulate you that at the beginning of your first regular session
+ you find our country blessed with health and peace and abundant
+ harvests, and with encouraging prospects of an early return of general
+ prosperity.
+</p>
+<p>
+ To complete and make permanent the pacification of the country
+ continues to be, and until it is fully accomplished must remain, the
+ most important of all our national interests. The earnest purpose of
+ good citizens generally to unite their efforts in this endeavor is
+ evident. It found decided expression in the resolutions announced in
+ 1876 by the national conventions of the leading political parties of
+ the country. There was a widespread apprehension that the momentous
+ results in our progress as a nation marked by the recent amendments
+ to the Constitution were in imminent jeopardy; that the good
+ understanding which prompted their adoption, in the interest of a
+ loyal devotion to the general welfare, might prove a barren truce, and
+ that the two sections of the country, once engaged in civil strife,
+ might be again almost as widely severed and disunited as they were
+ when arrayed in arms against each other.
+</p>
+<p>
+ The course to be pursued, which, in my judgment, seemed wisest in
+ the presence of this emergency, was plainly indicated in my inaugural
+ address. It pointed to the time, which all our people desire to see,
+ when a genuine love of our whole country and of all that concerns
+ its true welfare shall supplant the destructive forces of the mutual
+ animosity of races and of sectional hostility. Opinions have differed
+ widely as to the measures best calculated to secure this great end.
+ This was to be expected. The measures adopted by the Administration
+ have been subjected to severe and varied criticism. Any course
+ whatever which might have been entered upon would certainly have
+ encountered distrust and opposition. These measures were, in my
+ judgment, such as were most in harmony with the Constitution and
+ with the genius of our people, and best adapted, under all the
+ circumstances, to attain the end in view. Beneficent results, already
+ apparent, prove that these endeavors are not to be regarded as a
+ mere experiment, and should sustain and encourage us in our efforts.
+ Already, in the brief period which has elapsed, the immediate
+ effectiveness, no less than the justice, of the course pursued is
+ demonstrated, and I have an abiding faith that time will furnish
+ its ample vindication in the minds of the great majority of my
+ fellow-citizens. The discontinuance of the use of the Army for the
+ purpose of upholding local governments in two States of the Union was
+ no less a constitutional duty and requirement, under the circumstances
+ existing at the time, than it was a much-needed measure for the
+ restoration of local self-government and the promotion of national
+ harmony. The withdrawal of the troops from such employment was
+ effected deliberately, and with solicitous care for the peace and good
+ order of society and the protection of the property and persons and
+ every right of all classes of citizens.
+</p>
+<p>
+ The results that have followed are indeed significant and encouraging.
+ All apprehension of danger from remitting those States to local
+ self-government is dispelled, and a most salutary change in the minds
+ of the people has begun and is in progress in every part of that
+ section of the country once the theater of unhappy civil strife,
+ substituting for suspicion, distrust, and aversion, concord,
+ friendship, and patriotic attachment to the Union. No unprejudiced
+ mind will deny that the terrible and often fatal collisions which for
+ several years have been of frequent occurrence and have agitated and
+ alarmed the public mind have almost entirely ceased, and that a spirit
+ of mutual forbearance and hearty national interest has succeeded.
+ There has been a general reestablishment of order and of the orderly
+ administration of justice. Instances of remaining lawlessness have
+ become of rare occurrence; political turmoil and turbulence have
+ disappeared; useful industries have been resumed; public credit in
+ the Southern States has been greatly strengthened, and the encouraging
+ benefits of a revival of commerce between the sections of the country
+ lately embroiled in civil war are fully enjoyed. Such are some of
+ the results already attained, upon which the country is to be
+ congratulated. They are of such importance that we may with confidence
+ patiently await the desired consummation that will surely come with
+ the natural progress of events.
+</p>
+<p>
+ It may not be improper here to say that it should be our fixed and
+ unalterable determination to protect by all available and proper means
+ under the Constitution and the laws the lately emancipated race in
+ the enjoyment of their rights and privileges; and I urge upon those
+ to whom heretofore the colored people have sustained the relation of
+ bondmen the wisdom and justice of humane and liberal local legislation
+ with respect to their education and general welfare. A firm adherence
+ to the laws, both national and State, as to the civil and political
+ rights of the colored people, now advanced to full and equal
+ citizenship; the immediate repression and sure punishment by the
+ national and local authorities, within their respective jurisdictions,
+ of every instance of lawlessness and violence toward them, is required
+ for the security alike of both races, and is justly demanded by the
+ public opinion of the country and the age. In this way the restoration
+ of harmony and good will and the complete protection of every citizen
+ in the full enjoyment of every constitutional right will surely be
+ attained. Whatever authority rests with me to this end I shall not
+ hesitate to put forth.
+</p>
+<p>
+ Whatever belongs to the power of Congress and the jurisdiction of the
+ courts of the Union, they may confidently be relied upon to provide
+ and perform; and to the legislatures, the courts, and the executive
+ authorities of the several States I earnestly appeal to secure, by
+ adequate, appropriate, and seasonable means, within their borders,
+ these common and uniform rights of a united people which loves
+ liberty, abhors oppression, and reveres justice. These objects are
+ very dear to my heart. I shall continue most earnestly to strive
+ for their attainment. The cordial cooperation of all classes, of
+ all sections of the country and of both races, is required for this
+ purpose; and with these blessings assured, and not otherwise, we
+ may safely hope to hand down our free institutions of government
+ unimpaired to the generations that will succeed us.
+</p>
+<p>
+ Among the other subjects of great and general importance to the people
+ of this country, I can not be mistaken, I think, in regarding as
+ preeminent the policy and measures which are designed to secure the
+ restoration of the currency to that normal and healthful condition in
+ which, by the resumption of specie payments, our internal trade
+ and foreign commerce may be brought into harmony with the system of
+ exchanges which is based upon the precious metals as the intrinsic
+ money of the world. In the public judgment that this end should be
+ sought and compassed as speedily and securely as the resources of the
+ people and the wisdom of their Government can accomplish, there is
+ a much greater degree of unanimity than is found to concur in the
+ specific measures which will bring the country to this desired end or
+ the rapidity of the steps by which it can be safely reached.
+</p>
+<p>
+ Upon a most anxious and deliberate examination, which I have felt it
+ my duty to give to the subject, I am but the more confirmed in
+ the opinion which I expressed in accepting the nomination for the
+ Presidency, and again upon my inauguration, that the policy of
+ resumption should be pursued by every suitable means, and that no
+ legislation would be wise that should disparage the importance or
+ retard the attainment of that result. I have no disposition, and
+ certainly no right, to question the sincerity or the intelligence
+ of opposing opinions, and would neither conceal nor undervalue the
+ considerable difficulties, and even occasional distresses, which may
+ attend the progress of the nation toward this primary condition to its
+ general and permanent prosperity. I must, however, adhere to my most
+ earnest conviction that any wavering in purpose or unsteadiness
+ in methods, so far from avoiding or reducing the inconvenience
+ inseparable from the transition from an irredeemable to a redeemable
+ paper currency, would only tend to increased and prolonged disturbance
+ in values, and unless retrieved must end in serious disorder,
+ dishonor, and disaster in the financial affairs of the Government and
+ of the people.
+</p>
+<p>
+ The mischiefs which I apprehend and urgently deprecate are confined
+ to no class of the people, indeed, but seem to me most certainly to
+ threaten the industrious masses, whether their occupations are of
+ skilled or common labor. To them, it seems to me, it is of prime
+ importance that their labor should be compensated in money which is
+ itself fixed in exchangeable value by being irrevocably measured by
+ the labor necessary to its production. This permanent quality of
+ the money of the people is sought for, and can only be gained by
+ the resumption of specie payments. The rich, the speculative, the
+ operating, the money-dealing classes may not always feel the mischiefs
+ of, or may find casual profits in, a variable currency, but the
+ misfortunes of such a currency to those who are paid salaries or wages
+ are inevitable and remediless.
+</p>
+<p>
+ Closely connected with this general subject of the resumption of
+ specie payments is one of subordinate, but still of grave, importance;
+ I mean the readjustment of our coinage system by the renewal of
+ the silver dollar as an element in our specie currency, endowed by
+ legislation with the quality of legal tender to a greater or less
+ extent.
+</p>
+<p>
+ As there is no doubt of the power of Congress under the Constitution
+ "to coin money and regulate the value thereof," and as this power
+ covers the whole range of authority applicable to the metal, the
+ rated, value and the legal-tender quality which shall be adopted for
+ the coinage, the considerations which should induce or discourage a
+ particular measure connected with the coinage, belong clearly to the
+ province of legislative discretion and of public expediency. Without
+ intruding upon this province of legislation in the least, I have
+ yet thought the subject of such critical importance, in the actual
+ condition of our affairs, as to present an occasion for the
+ exercise of the duty imposed by the Constitution on the President of
+ recommending to the consideration of Congress "such measures as he
+ shall judge necessary and expedient."
+</p>
+<p>
+ Holding the opinion, as I do, that neither the interests of the
+ Government nor of the people of the United States would be promoted by
+ disparaging silver as one of the two precious metals which furnish the
+ coinage of the world, and that legislation which looks to maintaining
+ the volume of intrinsic money to as full a measure of both metals as
+ their relative commercial values will permit would be neither unjust
+ nor inexpedient, I must ask your indulgence to a brief and definite
+ statement of certain essential features in any such legislative
+ measure which I feel it my duty to recommend.
+</p>
+<p>
+ I do not propose to enter the debate, represented on both sides by
+ such able disputants in Congress and before the people and in the
+ press, as to the extent to which the legislation of any one nation
+ can control this question, even within its own borders, against the
+ unwritten laws of trade or the positive laws of other governments. The
+ wisdom of Congress in shaping any particular law that may be presented
+ for my approval may wholly supersede the necessity of my entering into
+ these considerations, and I willingly avoid either vague or intricate
+ inquiries. It is only certain plain and practical traits of such
+ legislation that I desire to recommend to your attention.
+</p>
+<p>
+ In any legislation providing for a silver coinage, regulating its
+ value, and imparting to it the quality of legal tender, it seems to me
+ of great importance that Congress should not lose sight of its action
+ as operating in a twofold capacity and in two distinct directions.
+ If the United States Government were free from a public debt, its
+ legislative dealing with the question of silver coinage would be
+ purely sovereign and governmental, under no restraints but those of
+ constitutional power and the public good as affected by the proposed
+ legislation. But in the actual circumstances of the nation, with a
+ vast public debt distributed very widely among our own citizens and
+ held in great amounts also abroad, the nature of the silver-coinage
+ measure, as affecting this relation of the Government to the holders
+ of the public debt, becomes an element, in any proposed legislation,
+ of the highest concern. The obligation of the public faith
+ transcends all questions of profit or public advantage otherwise.
+ Its unquestionable maintenance is the dictate as well of the highest
+ expediency as of the most necessary duty, and will ever be carefully
+ guarded by Congress and people alike.
+</p>
+<p>
+ The public debt of the United States to the amount of $729,000,000
+ bears interest at the rate of 6 per cent, and $708,000,000 at the rate
+ of 5 per cent, and the only way in which the country can be relieved
+ from the payment of these high rates of interest is by advantageously
+ refunding the indebtedness. Whether the debt is ultimately paid in
+ gold or in silver coin is of but little moment compared with the
+ possible reduction of interest one-third by refunding it at such
+ reduced rate. If the United States had the unquestioned right to pay
+ its bonds in silver coin, the little benefit from that process would
+ be greatly overbalanced by the injurious effect of such payment
+ if made or proposed against the honest convictions of the public
+ creditors.
+</p>
+<p>
+ All the bonds that have been issued since February 12, 1873, when
+ gold became the only unlimited legal-tender metallic currency of the
+ country, are justly payable in gold coin or in coin of equal value.
+ During the time of these issues the only dollar that could be or was
+ received by the Government in exchange for bonds was the gold dollar.
+ To require the public creditors to take in repayment any dollar of
+ less commercial value would be regarded by them as a repudiation
+ of the full obligation assumed. The bonds issued prior to 1873 were
+ issued at a time when the gold dollar was the only coin in circulation
+ or contemplated by either the Government or the holders of the bonds
+ as the coin in which they were to be paid. It is far better to
+ pay these bonds in that coin than to seem to take advantage of the
+ unforeseen fall in silver bullion to pay in a new issue of silver coin
+ thus made so much less valuable. The power of the United States
+ to coin money and to regulate the value thereof ought never to be
+ exercised for the purpose of enabling the Government to pay its
+ obligations in a coin of less value than that contemplated by the
+ parties when the bonds were issued. Any attempt to pay the national
+ indebtedness in a coinage of less commercial value than the money
+ of the world would involve a violation of the public faith and work
+ irreparable injury to the public credit.
+</p>
+<p>
+ It was the great merit of the act of March, 1869, in strengthening
+ the public credit, that it removed all doubt as to the purpose of the
+ United States to pay their bonded debt in coin. That act was accepted
+ as a pledge of public faith. The Government has derived great benefit
+ from it in the progress thus far made in refunding the public debt at
+ low rates of interest. An adherence to the wise and just policy of
+ an exact observance of the public faith will enable the Government
+ rapidly to reduce the burden of interest on the national debt to an
+ amount exceeding $20,000,000 per annum, and effect an aggregate saving
+ to the United States of more than $300,000,000 before the bonds can be
+ fully paid.
+</p>
+<p>
+ In adapting the new silver coinage to the ordinary uses of currency in
+ the everyday transactions of life and prescribing the quality of legal
+ tender to be assigned to it, a consideration of the first importance
+ should be so to adjust the ratio between the silver and the gold
+ coinage, which now constitutes our specie currency, as to accomplish
+ the desired end of maintaining the circulation of the two metallic
+ currencies and keeping up the volume of the two precious metals as our
+ intrinsic money. It is a mixed question, for scientific reasoning
+ and historical experience to determine, how far and by what methods a
+ practical equilibrium can be maintained which will keep both metals in
+ circulation in their appropriate spheres of common use.
+</p>
+<p>
+ An absolute equality of commercial value, free from disturbing
+ fluctuations, is hardly attainable, and without it an unlimited
+ legal tender for private transactions assigned to both metals would
+ irresistibly tend to drive out of circulation the dearer coinage and
+ disappoint the principal object proposed by the legislation in view.
+ I apprehend, therefore, that the two conditions of a near approach to
+ equality of commercial value between the gold and silver coinage of
+ the same denomination and of a limitation of the amounts for which the
+ silver coinage is to be a legal tender are essential to maintaining
+ both in circulation. If these conditions can be successfully observed,
+ the issue from the mint of silver dollars would afford material
+ assistance to the community in the transition to redeemable paper
+ money, and would facilitate the resumption of specie payment and its
+ permanent establishment. Without these conditions I fear that only
+ mischief and misfortune would flow from a coinage of silver
+ dollars with the quality of unlimited legal tender, even in private
+ transactions.
+</p>
+<p>
+ Any expectation of temporary ease from an issue of silver coinage to
+ pass as a legal tender at a rate materially above its commercial value
+ is, I am persuaded, a delusion. Nor can I think that there is any
+ substantial distinction between an original issue of silver dollars
+ at a nominal value materially above their commercial value and the
+ restoration of the silver dollar at a rate which once was, but has
+ ceased to be, its commercial value. Certainly the issue of our gold
+ coinage, reduced in weight materially below its legal-tender value,
+ would not be any the less a present debasement of the coinage by
+ reason of its equaling, or even exceeding, in weight a gold
+ coinage which at some past time had been commercially equal to the
+ legal-tender value assigned to the new issue.
+</p>
+<p>
+ In recommending that the regulation of any silver coinage which may be
+ authorized by Congress should observe these conditions of commercial
+ value and limited legal tender, I am governed by the feeling that
+ every possible increase should be given to the volume of metallic
+ money which can be kept in circulation, and thereby every possible aid
+ afforded to the people in the process of resuming specie payments. It
+ is because of my firm conviction that a disregard of these conditions
+ would frustrate the good results which are desired from the proposed
+ coinage, and embarrass with new elements of confusion and uncertainty
+ the business of the country, that I urge upon your attention these
+ considerations.
+</p>
+<p>
+ I respectfully recommend to Congress that in any legislation providing
+ for a silver coinage and imparting to it the quality of legal tender
+ there be impressed upon the measure a firm provision exempting the
+ public debt heretofore issued and now outstanding from payment, either
+ of principal or interest, in any coinage of less commercial value than
+ the present gold coinage of the country.
+</p>
+<p>
+ The organization of the civil service of the country has for a number
+ of years attracted more and more of the public attention. So general
+ has become the opinion that the methods of admission to it and
+ the conditions of remaining in it are unsound that both the great
+ political parties have agreed in the most explicit declarations of the
+ necessity of reform and in the most emphatic demands for it. I have
+ fully believed these declarations and demands to be the expression of
+ a sincere conviction of the intelligent masses of the people upon the
+ subject, and that they should be recognized and followed by earnest
+ and prompt action on the part of the legislative and executive
+ departments of the Government, in pursuance of the purpose indicated.
+</p>
+<p>
+ Before my accession to office I endeavored to have my own views
+ distinctly understood, and upon my inauguration my accord with
+ the public opinion was stated in terms believed to be plain and
+ unambiguous. My experience in the executive duties has strongly
+ confirmed the belief in the great advantage the country would find in
+ observing strictly the plan of the Constitution, which imposes upon
+ the Executive the sole duty and responsibility of the selection of
+ those Federal officers who by law are appointed, not elected, and
+ which in like manner assigns to the Senate the complete right to
+ advise and consent to or to reject the nominations so made, whilst
+ the House of Representatives stands as the public censor of the
+ performance of official duties, with the prerogative of investigation
+ and prosecution in all cases of dereliction. The blemishes and
+ imperfections in the civil service may, as I think, be traced in most
+ cases to a practical confusion of the duties assigned to the several
+ Departments of the Government. My purpose in this respect has been
+ to return to the system established by the fundamental law, and to
+ do this with the heartiest cooperation and most cordial understanding
+ with the Senate and House of Representatives.
+</p>
+<p>
+ The practical difficulties in the selection of numerous officers for
+ posts of widely varying responsibilities and duties are acknowledged
+ to be very great. No system can be expected to secure absolute freedom
+ from mistakes, and the beginning of any attempted change of custom
+ is quite likely to be more embarrassed in this respect than any
+ subsequent period. It is here that the Constitution seems to me to
+ prove its claim to the great wisdom accorded to it. It gives to
+ the Executive the assistance of the knowledge and experience of the
+ Senate, which, when acting upon nominations as to which they may be
+ disinterested and impartial judges, secures as strong a guaranty of
+ freedom from errors of importance as is perhaps possible in human
+ affairs.
+</p>
+<p>
+ In addition to this, I recognize the public advantage of making all
+ nominations, as nearly as possible, impersonal, in the sense of being
+ free from mere caprice or favor in the selection; and in those offices
+ in which special training is of greatly increased value I believe such
+ a rule as to the tenure of office should obtain as may induce men of
+ proper qualifications to apply themselves industriously to the task of
+ becoming proficients. Bearing these things in mind, I have endeavored
+ to reduce the number of changes in subordinate places usually made
+ upon the change of the general administration, and shall most heartily
+ cooperate with Congress in the better systematizing of such methods
+ and rules of admission to the public service and of promotion within
+ it as may promise to be most successful in making thorough competency,
+ efficiency, and character the decisive tests in these matters.
+</p>
+<p>
+ I ask the renewed attention of Congress to what has already been done
+ by the Civil Service Commission, appointed, in pursuance of an act
+ of Congress, by my predecessor, to prepare and revise civil-service
+ rules. In regard to much of the departmental service, especially at
+ Washington, it may be difficult to organize a better system than
+ that which has thus been provided, and it is now being used to a
+ considerable extent under my direction. The Commission has still a
+ legal existence, although for several years no appropriation has been
+ made for defraying its expenses. Believing that this Commission
+ has rendered valuable service and will be a most useful agency in
+ improving the administration of the civil service, I respectfully
+ recommend that a suitable appropriation, to be immediately available,
+ be made to enable it to continue its labors.
+</p>
+<p>
+ It is my purpose to transmit to Congress as early as practicable a
+ report by the chairman of the Commission, and to ask your attention
+ to such measures on this subject as in my opinion will further promote
+ the improvement of the civil service.
+</p>
+<p>
+ During the past year the United States have continued to maintain
+ peaceful relations with foreign powers.
+</p>
+<p>
+ The outbreak of war between Russia and Turkey, though at one time
+ attended by grave apprehension as to its effect upon other European
+ nations, has had no tendency to disturb the amicable relations
+ existing between the United States and each of the two contending
+ powers. An attitude of just and impartial neutrality has been
+ preserved, and I am gratified to state that in the midst of their
+ hostilities both the Russian and the Turkish Governments have shown an
+ earnest disposition to adhere to the obligations of all treaties with
+ the United States and to give due regard to the rights of American
+ citizens.
+</p>
+<p>
+ By the terms of the treaty defining the rights, immunities, and
+ privileges of consuls, between Italy and the United States, ratified
+ in 1868, either Government may, after the lapse of ten years,
+ terminate the existence of the treaty by giving twelve months' notice
+ of its intention. The Government of Italy, availing itself of this
+ faculty, has now given the required notice, and the treaty will
+ accordingly end on the 17th of September, 1878. It is understood,
+ however, that the Italian Government wishes to renew it in its general
+ scope, desiring only certain modifications in some of its articles.
+ In this disposition I concur, and shall hope that no serious obstacles
+ may intervene to prevent or delay the negotiation of a satisfactory
+ treaty.
+</p>
+<p>
+ Numerous questions in regard to passports, naturalization, and
+ exemption from military service have continued to arise in cases of
+ emigrants from Germany who have returned to their native country. The
+ provisions of the treaty of February 22, 1868, however, have proved to
+ be so ample and so judicious that the legation of the United States at
+ Berlin has been able to adjust all claims arising under it, not only
+ without detriment to the amicable relations existing between the two
+ Governments, but, it is believed, without injury or injustice to any
+ duly naturalized American citizen. It is desirable that the treaty
+ originally made with the North German Union in 1868 should now be
+ extended so as to apply equally to all the States of the Empire of
+ Germany.
+</p>
+<p>
+ The invitation of the Government of France to participate in the
+ Exposition of the Products of Agriculture, Industry, and the Fine
+ Arts to be held at Paris during the coming year was submitted for
+ your consideration at the extra session. It is not doubted that its
+ acceptance by the United States, and a well-selected exhibition of the
+ products of American industry on that occasion, will tend to stimulate
+ international commerce and emigration, as well as to promote the
+ traditional friendship between the two countries.
+</p>
+<p>
+ A question arose some time since as to the proper meaning of the
+ extradition articles of the treaty of 1842 between the United States
+ and Great Britain. Both Governments, however, are now in accord in
+ the belief that the question is not one that should be allowed to
+ frustrate the ends of justice or to disturb the friendship between
+ the two nations. No serious difficulty has arisen in accomplishing
+ the extradition of criminals when necessary. It is probable that all
+ points of disagreement will in due time be settled, and, if need be,
+ more explicit declarations be made in a new treaty.
+</p>
+<p>
+ The Fishery Commission under Articles XVIII to XXV of the treaty of
+ Washington has concluded its session at Halifax. The result of the
+ deliberations of the commission, as made public by the commissioners,
+ will be communicated to Congress.
+</p>
+<p>
+ A treaty for the protection of trade-marks has been negotiated
+ with Great Britain, which has been submitted to the Senate for its
+ consideration.
+</p>
+<p>
+ The revolution which recently occurred in Mexico was followed by the
+ accession of the successful party to power and the installation of its
+ chief, General Porfirio Diaz, in the Presidential office. It has been
+ the custom of the United States, when such changes of government have
+ heretofore occurred in Mexico, to recognize and enter into official
+ relations with the <i>de facto</i> government as soon as it should appear
+ to have the approval of the Mexican people and should manifest a
+ disposition to adhere to the obligations of treaties and international
+ friendship. In the present case such official recognition has been
+ deferred by the occurrences on the Rio Grande border, the records
+ of which have been already communicated to each House of Congress in
+ answer to their respective resolutions of inquiry. Assurances
+ have been received that the authorities at the seat of the Mexican
+ Government have both the disposition and the power to prevent and
+ punish such unlawful invasions and depredations. It is earnestly to be
+ hoped that events may prove these assurances to be well founded. The
+ best interests of both countries require the maintenance of peace upon
+ the border and the development of commerce between the two Republics.
+</p>
+<p>
+ It is gratifying to add that this temporary interruption of official
+ relations has not prevented due attention by the representatives of
+ the United States in Mexico to the protection of American citizens, so
+ far as practicable; nor has it interfered with the prompt payment of
+ the amounts due from Mexico to the United States under the treaty of
+ July 4, 1868, and the awards of the joint commission. While I do not
+ anticipate an interruption of friendly relations with Mexico, yet I
+ can not but look with some solicitude upon a continuance of border
+ disorders as exposing the two countries to initiations of popular
+ feeling and mischances of action which are naturally unfavorable to
+ complete amity. Firmly determined that nothing shall be wanting on my
+ part to promote a good understanding between the two nations, I yet
+ must ask the attention of Congress to the actual occurrences on the
+ border, that the lives and property of our citizens may be adequately
+ protected and peace preserved.
+</p>
+<p>
+ Another year has passed without bringing to a close the protracted
+ contest between the Spanish Government and the insurrection in the
+ island of Cuba. While the United States have sedulously abstained from
+ any intervention in this contest, it is impossible not to feel that
+ it is attended with incidents affecting the rights and interests of
+ American citizens. Apart from the effect of the hostilities upon
+ trade between the United States and Cuba, their progress is inevitably
+ accompanied by complaints, having more or less foundation, of
+ searches, arrests, embargoes, and oppressive taxes upon the property
+ of American residents, and of unprovoked interference with American
+ vessels and commerce. It is due to the Government of Spain to say that
+ during the past year it has promptly disavowed and offered reparation
+ for any unauthorized acts of unduly zealous subordinates whenever
+ such acts have been brought to its attention. Nevertheless, such
+ occurrences can not but tend to excite feelings of annoyance,
+ suspicion, and resentment, which are greatly to be deprecated, between
+ the respective subjects and citizens of two friendly powers.
+</p>
+<p>
+ Much delay (consequent upon accusations of fraud in some of the
+ awards) has occurred in respect to the distribution of the limited
+ amounts received from Venezuela under the treaty of April 25, 1866,
+ applicable to the awards of the joint commission created by that
+ treaty. So long as these matters are pending in Congress the Executive
+ can not assume either to pass upon the questions presented or to
+ distribute the fund received. It is eminently desirable that definite
+ legislative action should be taken, either affirming the awards to be
+ final or providing some method for reexamination of the claims. Our
+ relations with the Republics of Central and South America and with the
+ Empire of Brazil have continued without serious change, further than
+ the temporary interruption of diplomatic intercourse with Venezuela
+ and with Guatemala. Amicable relations have already been fully
+ restored with Venezuela, and it is not doubted that all grounds of
+ misunderstanding with Guatemala will speedily be removed. From all
+ these countries there are favorable indications of a disposition on
+ the part of their Governments and people to reciprocate our efforts in
+ the direction of increased commercial intercourse.
+</p>
+<p>
+ The Government of the Samoan Islands has sent an envoy, in the person
+ of its secretary of state, to invite the Government of the United
+ States to recognize and protect their independence, to establish
+ commercial relations with their people, and to assist them in their
+ steps toward regulated and responsible government. The inhabitants
+ of these islands, having made considerable progress in Christian
+ civilization and the development of trade, are doubtful of their
+ ability to maintain peace and independence without the aid of some
+ stronger power. The subject is deemed worthy of respectful attention,
+ and the claims upon our assistance by this distant community will be
+ carefully considered.
+</p>
+<p>
+ The long commercial depression in the United States has directed
+ attention to the subject of the possible increase of our foreign trade
+ and the methods for its development, not only with Europe, but with
+ other countries, and especially with the States and sovereignties of
+ the Western Hemisphere. Instructions from the Department of State
+ were issued to the various diplomatic and consular officers of the
+ Government, asking them to devote attention to the question of methods
+ by which trade between the respective countries of their official
+ residence and the United States could be most judiciously fostered.
+ In obedience to these instructions, examinations and reports upon this
+ subject have been made by many of these officers and transmitted to
+ the Department, and the same are submitted to the consideration of
+ Congress.
+</p>
+<p>
+ The annual report of the Secretary of the Treasury on the state of the
+ finances presents important questions for the action of Congress, upon
+ some of which I have already remarked.
+</p>
+<p>
+ The revenues of the Government during the fiscal year ending June 30,
+ 1877, were $269,000,586.62; the total expenditures for the same period
+ were $238,660,008.93, leaving a surplus revenue of $30,340,577.69.
+ This has substantially supplied the requirements of the sinking fund
+ for that year. The estimated revenues of the current fiscal year are
+ $265,500,000, and the estimated expenditures for the same period are
+ $232,430,643.72. If these estimates prove to be correct, there will be
+ a surplus revenue of $33,069,356.28&mdash;an amount nearly sufficient for
+ the sinking fund for that year. The estimated revenues for the next
+ fiscal year are $269,250,000. It appears from the report that during
+ the last fiscal year the revenues of the Government, compared with the
+ previous year, have largely decreased. This decrease, amounting to the
+ sum of $18,481,452.54, was mainly in customs duties, caused partly
+ by a large falling off of the amount of imported dutiable goods and
+ partly by the general fall of prices in the markets of production of
+ such articles as pay <i>ad valorem</i> taxes.
+</p>
+<p>
+ While this is felt injuriously in the diminution of the revenue, it
+ has been accompanied with a very large increase of exportations. The
+ total exports during the last fiscal year, including coin, have
+ been $658,637,457, and the imports have been $492,097,540, leaving a
+ balance of trade in favor of the United States amounting to the sum of
+ $166,539,917, the beneficial effects of which extend to all branches
+ of business.
+</p>
+<p>
+ The estimated revenue for the next fiscal year will impose upon
+ Congress the duty of strictly limiting appropriations, including the
+ requisite sum for the maintenance of the sinking fund, within the
+ aggregate estimated receipts.
+</p>
+<p>
+ While the aggregate of taxes should not be increased, amendments
+ might be made to the revenue laws that would, without diminishing the
+ revenue, relieve the people from unnecessary burdens. A tax on tea and
+ coffee is shown by the experience not only of our own country, but
+ of other countries, to be easily collected, without loss by
+ undervaluation or fraud, and largely borne in the country of
+ production. A tax of 10 cents a pound on tea and 2 cents a pound on
+ coffee would produce a revenue exceeding $12,000,000, and thus enable
+ Congress to repeal a multitude of annoying taxes yielding a revenue
+ not exceeding that sum. The internal-revenue system grew out of the
+ necessities of the war, and most of the legislation imposing taxes
+ upon domestic products under this system has been repealed. By the
+ substitution of a tax on tea and coffee all forms of internal taxation
+ may be repealed, except that on whisky, spirits, tobacco, and beer.
+ Attention is also called to the necessity of enacting more vigorous
+ laws for the protection of the revenue and for the punishment of
+ frauds and smuggling. This can best be done by judicious provisions
+ that will induce the disclosure of attempted fraud by undervaluation
+ and smuggling. All revenue laws should be simple in their provisions
+ and easily understood. So far as practicable, the rates of taxation
+ should be in the form of specific duties, and not <i>ad valorem</i>,
+ requiring the judgment of experienced men to ascertain values and
+ exposing the revenue to the temptation of fraud.
+</p>
+<p>
+ My attention has been called during the recess of Congress to abuses
+ existing in the collection of the customs, and strenuous efforts
+ have been made for their correction by Executive orders. The
+ recommendations submitted to the Secretary of the Treasury by a
+ commission appointed to examine into the collection of customs duties
+ at the port of New York contain many suggestions for the modification
+ of the customs laws, to which the attention of Congress is invited.
+</p>
+<p>
+ It is matter of congratulation that notwithstanding the severe
+ burdens caused by the war the public faith with all creditors has been
+ preserved, and that as the result of this policy the public credit has
+ continuously advanced and our public securities are regarded with the
+ highest favor in the markets of the world. I trust that no act of the
+ Government will cast a shadow upon its credit.
+</p>
+<p>
+ The progress of refunding the public debt has been rapid and
+ satisfactory. Under the contract existing when I entered upon the
+ discharge of the duties of my office, bonds bearing interest at the
+ rate of 4-1/2 per cent were being rapidly sold, and within three
+ months the aggregate sales of these bonds had reached the sum of
+ $200,000,000. With my sanction the Secretary of the Treasury entered
+ into a new contract for the sale of 4 per cent bonds, and within
+ thirty days after the popular subscription for such bonds was opened
+ subscriptions were had amounting to $75,496,550, which were paid for
+ within ninety days after the date of subscription. By this process,
+ within but little more than one year, the annual interest on the
+ public debt was reduced in the sum of $3,775,000.
+</p>
+<p>
+ I recommended that suitable provision be made to enable the people to
+ easily convert their savings into Government securities, as the best
+ mode in which small savings may be well secured and yield a moderate
+ interest. It is an object of public policy to retain among our own
+ people the securities of the United States. In this way our country is
+ guarded against their sudden return from foreign countries, caused by
+ war or other disturbances beyond our limits.
+</p>
+<p>
+ The commerce of the United States with foreign nations, and especially
+ the export of domestic productions, has of late years largely
+ increased; but the greater portion of this trade is conducted in
+ foreign vessels. The importance of enlarging our foreign trade, and
+ especially by direct and speedy interchange with countries on this
+ continent, can not be overestimated; and it is a matter of great
+ moment that our own shipping interest should receive, to the utmost
+ practical extent, the benefit of our commerce with other lands. These
+ considerations are forcibly urged by all the large commercial cities
+ of the country, and public attention is generally and wisely attracted
+ to the solution of the problems they present. It is not doubted that
+ Congress will take them up in the broadest spirit of liberality
+ and respond to the public demand by practical legislation upon this
+ important subject.
+</p>
+<p>
+ The report of the Secretary of War shows that the Army has been
+ actively employed during the year, and has rendered very important
+ service in suppressing hostilities in the Indian country and in
+ preserving peace and protecting life and property in the interior as
+ well as along the Mexican border. A long and arduous campaign has been
+ prosecuted, with final complete success, against a portion of the Nez
+ Percé tribe of Indians. A full account of this campaign will be found
+ in the report of the General of the Army. It will be seen that in
+ its course several severe battles were fought, in which a number of
+ gallant officers and men lost their lives. I join with the Secretary
+ of War and the General of the Army in awarding to the officers and men
+ employed in the long and toilsome pursuit and in the final capture of
+ these Indians the honor and praise which are so justly their due.
+</p>
+<p>
+ The very serious riots which occurred in several of the States in July
+ last rendered necessary the employment of a considerable portion of
+ the Army to preserve the peace and maintain order. In the States of
+ West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
+ were so formidable as to defy the local and State authorities, and
+ the National Executive was called upon, in the mode provided by the
+ Constitution and laws, to furnish military aid. I am gratified to be
+ able to state that the troops sent in response to these calls for aid
+ in the suppression of domestic violence were able, by the influence
+ of their presence in the disturbed regions, to preserve the peace
+ and restore order without the use of force. In the discharge of this
+ delicate and important duty both officers and men acted with great
+ prudence and courage, and for their services deserve the thanks of the
+ country.
+</p>
+<p>
+ Disturbances along the Rio Grande in Texas, to which I have already
+ referred, have rendered necessary the constant employment of a
+ military force in that vicinity. A full report of all recent military
+ operations in that quarter has been transmitted to the House of
+ Representatives in answer to a resolution of that body, and it will
+ therefore not be necessary to enter into details. I regret to say that
+ these lawless incursions into our territory by armed bands from the
+ Mexican side of the line, for the purpose of robbery, have been of
+ frequent occurrence, and in spite of the most vigilant efforts of
+ the commander of our forces the marauders have generally succeeded in
+ escaping into Mexico with their plunder. In May last I gave orders for
+ the exercise of the utmost vigilance on the part of our troops for the
+ suppression of these raids and the punishment of the guilty parties,
+ as well as the recapture of property stolen by them. General Ord,
+ commanding in Texas, was directed to invite the cooperation of the
+ Mexican authorities in efforts to this end, and to assure them that I
+ was anxious to avoid giving the least offense to Mexico. At the same
+ time, he was directed to give notice of my determination to put an
+ end to the invasion of our territory by lawless bands intent upon the
+ plunder of our peaceful citizens, even if the effectual punishment of
+ the outlaws should make the crossing of the border by our troops in
+ their pursuit necessary. It is believed that this policy has had
+ the effect to check somewhat these depredations, and that with
+ a considerable increase of our force upon that frontier and the
+ establishment of several additional military posts along the Rio
+ Grande, so as more effectually to guard that extensive border, peace
+ may be preserved and the lives and property of our citizens in Texas
+ fully protected.
+</p>
+<p>
+ Prior to the 1st day of July last the Army was, in accordance with
+ law, reduced to the maximum of 25,000 enlisted men, being a reduction
+ of 2,500 below the force previously authorized. This reduction was
+ made, as required by law, entirely from the infantry and artillery
+ branches of the service, without any reduction of the cavalry. Under
+ the law as it now stands it is necessary that the cavalry regiments
+ be recruited to 100 men in each company for service on the Mexican
+ and Indian frontiers. The necessary effect of this legislation is to
+ reduce the infantry and artillery arms of the service below the number
+ required for efficiency, and I concur with the Secretary of War in
+ recommending that authority be given to recruit all companies of
+ infantry to at least 50 men and all batteries of artillery to at least
+ 75 men, with the power, in case of emergency, to increase the former
+ to 100 and the latter to 122 men each.
+</p>
+<p>
+ I invite your special attention to the following recommendations of
+ the Secretary of War:
+</p>
+<p>
+ First. That provision be made for supplying to the Army a more
+ abundant and better supply of reading matter.
+</p>
+<p>
+ Second. That early action be taken by Congress looking to a complete
+ revision and republication of the Army Regulations.
+</p>
+<p>
+ Third. That section 1258 of the Revised Statutes, limiting the number
+ of officers on the retired list, be repealed.
+</p>
+<p>
+ Fourth. That the claims arising under the act of July 4, 1864, for
+ supplies taken by the Army during the war, be taken from the offices
+ of the Quartermaster and Commissary Generals and transferred to the
+ Southern Claims Commission, or some other tribunal having more time
+ and better facilities for their prompt investigation and decision than
+ are possessed by these officers.
+</p>
+<p>
+ Fifth. That Congress provide for an annuity fund for the families
+ of deceased soldiers, as recommended by the Paymaster-General of the
+ Army.
+</p>
+<p>
+ The report of the Secretary of the Navy shows that we have six
+ squadrons now engaged in the protection of our foreign commerce
+ and other duties pertaining to the naval service. The condition and
+ operations of the Department are also shown. The total expenditures
+ for the fiscal year ending June 30, 1877, were $16,077,974.54. There
+ are unpaid claims against the Department chargeable to the last year,
+ which are presented to the consideration of Congress by the report of
+ the Secretary. The estimates for the fiscal year commencing July 1,
+ 1878, are $16,233,234.40, exclusive of the sum of $2,314,231
+ submitted for new buildings, repairs, and improvements at the several
+ navy-yards. The appropriations for the present fiscal year, commencing
+ July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury
+ from July 1 to November 1, 1877, is $5,343,037.40, of which there is
+ estimated to be yet available $1,029,528.30, showing the amount of
+ actual expenditure during the first four months of the present fiscal
+ year to have been $4,313,509.10.
+</p>
+<p>
+ The report of the Postmaster-General contains a full and clear
+ statement of the operations and condition of the Post-Office
+ Department. The ordinary revenues of the Department for the fiscal
+ year ending June 30, 1877, including receipts from the money-order
+ business and from official stamps and stamped envelopes, amounted
+ to the sum of $27,531,585.26. The additional sum of $7,013,000 was
+ realized from appropriations from the general Treasury for various
+ purposes, making the receipts from all sources $34,544,885.26. The
+ total expenditures during the fiscal year amounted to $33,486,322.44,
+ leaving an excess of total receipts over total expenditures of
+ $1,058,562.82, and an excess of total expenditures over ordinary
+ receipts of $5,954,737.18. Deducting from the total receipts the
+ sum of $63,261.84, received from international money orders of the
+ preceding fiscal year, and deducting from the total expenditures the
+ sum of $1,163,818.20, paid on liabilities incurred in previous fiscal
+ years, the expenditures and receipts appertaining to the business of
+ the last fiscal year were as follows:
+</p>
+
+<table summary="" width="100%"> <tr><td> Expenditures </td><td
+align="right">$32,322,504.24</td></tr> <tr><td> Receipts (ordinary, from
+money-order business and from official postage stamps) </td><td
+align="right">27,468,323.42</td></tr> <tr><td> </td><td
+align="right"><hr class="full"></td></tr> <tr><td> Excess of
+expenditures </td><td align="right">4,854,180.82</td></tr> </table>
+
+<p>
+ The ordinary revenues of the Post-Office Department for the year
+ ending June 30, 1879, are estimated at an increase of 3 per cent over
+ those of 1877, making $29,034,098.28, and the expenditures for
+ the same year are estimated at $36,427,771, leaving an estimated
+ deficiency for the year 1879 of $7,393,672.72. The additional
+ legislation recommended by the Postmaster-General for improvements of
+ the mail service and to protect the postal revenues from the abuses
+ practiced under existing laws is respectfully commended to the careful
+ consideration of Congress.
+</p>
+<p>
+ The report of the Attorney-General contains several suggestions as to
+ the administration of justice, to which I invite your attention.
+ The pressure of business in the Supreme Court and in certain circuit
+ courts of the United States is now such that serious delays, to the
+ great injury, and even oppression, of suitors, occur, and a remedy
+ should be sought for this condition of affairs. Whether it will be
+ found in the plan briefly sketched in the report, of increasing the
+ number of judges of the circuit courts, and, by means of this addition
+ to the judicial force, of creating an intermediate court of errors and
+ appeals, or whether some other mode can be devised for obviating the
+ difficulties which now exist, I leave to your mature consideration.
+</p>
+<p>
+ The present condition of the Indian tribes in the territory of the
+ United States and our relations with them are fully set forth in
+ the reports of the Secretary of the Interior and the Commissioner
+ of Indian Affairs. After a series of most deplorable conflicts&mdash;the
+ successful termination of which, while reflecting honor upon the
+ brave soldiers who accomplished it, can not lessen our regret at their
+ occurrence&mdash;we are now at peace with all the Indian tribes within our
+ borders. To preserve that peace by a just and humane policy will be
+ the object of my earnest endeavors. Whatever may be said of their
+ character and savage propensities, of the difficulties of introducing
+ among them the habits of civilized life, and of the obstacles they
+ have offered to the progress of settlement and enterprise in certain
+ parts of the country, the Indians are certainly entitled to our
+ sympathy and to a conscientious respect on our part for their claims
+ upon our sense of justice. They were the aboriginal occupants of the
+ land we now possess. They have been driven from place to place. The
+ purchase money paid to them in some cases for what they called their
+ own has still left them poor. In many instances, when they had settled
+ down upon land assigned to them by compact and begun to support
+ themselves by their own labor, they were rudely jostled off and thrust
+ into the wilderness again. Many, if not most, of our Indian wars have
+ had their origin in broken promises and acts of injustice upon our
+ part, and the advance of the Indians in civilization has been slow
+ because the treatment they received did not permit it to be faster
+ and more general. We can not expect them to improve and to follow our
+ guidance unless we keep faith with them in respecting the rights they
+ possess, and unless, instead of depriving them of their opportunities,
+ we lend them a helping hand.
+</p>
+<p>
+ I cordially approve the policy regarding the management of Indian
+ affairs outlined in the reports of the Secretary of the Interior and
+ of the Commissioner of Indian Affairs. The faithful performance of
+ our promises is the first condition of a good understanding with the
+ Indians. I can not too urgently recommend to Congress that prompt and
+ liberal provision be made for the conscientious fulfillment of all
+ engagements entered into by the Government with the Indian tribes.
+ To withhold the means necessary for the performance of a promise
+ is always false economy, and is apt to prove disastrous in its
+ consequences. Especial care is recommended to provide for Indians
+ settled on their reservations cattle and agricultural implements, to
+ aid them in whatever efforts they may make to support themselves, and
+ by the establishment and maintenance of schools to bring them under
+ the control of civilized influences. I see no reason why Indians who
+ can give satisfactory proof of having by their own labor supported
+ their families for a number of years, and who are willing to detach
+ themselves from their tribal relations, should not be admitted to the
+ benefit of the homestead act and the privileges of citizenship, and
+ I recommend the passage of a law to that effect. It will be an act
+ of justice as well as a measure of encouragement. Earnest efforts
+ are being made to purify the Indian service, so that every dollar
+ appropriated by Congress shall redound to the benefit of the Indians,
+ as intended. Those efforts will have my firm support. With an improved
+ service and every possible encouragement held out to the Indians
+ to better their condition and to elevate themselves in the scale of
+ civilization, we may hope to accomplish at the same time a good work
+ for them and for ourselves.
+</p>
+<p>
+ I invite the attention of Congress to the importance of the statements
+ and suggestions made by the Secretary of the Interior concerning the
+ depredations committed on the timber lands of the United States and
+ the necessity for the preservation of forests. It is believed that
+ the measures taken in pursuance of existing laws to arrest those
+ depredations will be entirely successful if Congress, by an
+ appropriation for that purpose, renders their continued enforcement
+ possible. The experience of other nations teaches us that a country
+ can not be stripped of its forests with impunity, and we shall
+ expose ourselves to the gravest consequences unless the wasteful
+ and improvident manner in which the forests in the United States
+ are destroyed be effectually checked. I earnestly recommend that
+ the measures suggested by the Secretary of the Interior for the
+ suppression of depredations on the public timber lands of the United
+ States, for the selling of timber from the public lands, and for the
+ preservation of forests be embodied in a law, and that, considering
+ the urgent necessity of enabling the people of certain States and
+ Territories to purchase timber from the public lands in a legal
+ manner, which at present they can not do, such a law be passed without
+ unavoidable delay. I would also call the attention of Congress to
+ the statements made by the Secretary of the Interior concerning the
+ disposition that might be made of the desert lands, not irrigable,
+ west of the one hundredth meridian. These lands are practically
+ unsalable under existing laws, and the suggestion is worthy of
+ consideration that a system of leasehold tenure would make them
+ a source of profit to the United States, while at the same time
+ legalizing the business of cattle raising which is at present carried
+ on upon them.
+</p>
+<p>
+ The report of the Commissioner of Agriculture contains the gratifying
+ announcement of the extraordinary success which has rewarded the
+ agricultural industry of the country for the past year. With the fair
+ prices which obtain for the products of the soil, especially for the
+ surplus which our people have to export, we may confidently turn to
+ this as the most important of all our resources for the revival of the
+ depressed industries of the country. The report shows our agricultural
+ progress during the year, and contains a statement of the work done
+ by this Department for the advancement of agricultural industry, upon
+ which the prosperity of our people so largely depends. Matters of
+ information are included of great interest to all who seek, by the
+ experience of others, to improve their own methods of cultivation.
+ The efforts of the Department to increase the production of important
+ articles of consumption will, it is hoped, improve the demand for
+ labor and advance the business of the country, and eventually result
+ in saving some of the many millions that are now annually paid to
+ foreign nations for sugar and other staple products which habitual use
+ has made necessary in our domestic everyday life.
+</p>
+<p>
+ The board on behalf of the United States Executive Departments at the
+ International Exhibition of 1876 has concluded its labors. The final
+ report of the board was transmitted to Congress by the President
+ near the close of the last session. As these papers are understood to
+ contain interesting and valuable information, and will constitute
+ the only report emanating from the Government on the subject of the
+ exhibition, I invite attention to the matter and recommend that the
+ report be published for general information.
+</p>
+<p>
+ Congress is empowered by the Constitution with the authority of
+ exclusive legislation over the District of Columbia, in which the seat
+ of Government of the nation is located. The interests of the District,
+ having no direct representation in Congress, are entitled to especial
+ consideration and care at the hands of the General Government. The
+ capital of the United States belongs to the nation, and it is natural
+ that the American people should take pride in the seat of their
+ National Government and desire it to be an ornament to the country.
+ Much has been done to render it healthful, convenient, and attractive,
+ but much remains to be done, which its permanent inhabitants are not
+ able and ought not to be expected to do. To impose upon them a large
+ proportion of the cost required for public improvements, which are
+ in a great measure planned and executed for the convenience of the
+ Government and of the many thousands of visitors from all parts of
+ the country who temporarily reside at the capital of the nation, is an
+ evident injustice. Special attention is asked by the Commissioners of
+ the District in their report, which is herewith transmitted, to the
+ importance of a permanent adjustment by Congress of the financial
+ relations between the United States and the District, involving
+ the regular annual contribution by the United States of its just
+ proportion of the expenses of the District government and of the
+ outlay for all needed public improvements, and such measure of
+ relief from the burden of taxation now resting upon the people of the
+ District as in the wisdom of Congress may be deemed just.
+</p>
+<p>
+ The report of the Commissioners shows that the affairs of the District
+ are in a condition as satisfactory as could be expected in view of the
+ heavy burden of debt resting upon it and its very limited means for
+ necessary expenses.
+</p>
+<p>
+ The debt of the District is as follows:
+</p>
+
+<table summary="" width="100%"> <tr><td> Old funded debt </td><td
+align="right">$8,379,691.96</td></tr> <tr><td> 3.65 bonds, guaranteed by
+the United States </td><td align="right">13,743,250.00</td></tr>
+<tr><td> </td><td align="right"><hr class="full"></td></tr> <tr><td>
+Total bonded debt </td><td align="right">22,122,941.96</td></tr>
+<tr><td> To which should be added certain outstanding claims, as
+explained in the report of the Commissioners </td><td
+align="right">1,187,204.52</td></tr> <tr><td> </td><td align="right"><hr
+class="full"></td></tr> <tr><td> Making the total debt of the District
+</td><td align="right">23,310,146.48</td></tr> </table>
+
+<p>
+ The Commissioners also ask attention to the importance of the
+ improvement of the Potomac River and the reclamation of the marshes
+ bordering the city of Washington, and their views upon this subject
+ are concurred in by the members of the board of health, whose report
+ is also herewith transmitted. Both the commercial and sanitary
+ interests of the District will be greatly promoted, I doubt not,
+ by this improvement.
+</p>
+<p>
+ Your attention is invited to the suggestion of the Commissioners and
+ of the board of health for the organization of a board of charities,
+ to have supervision and control of the disbursement of all moneys for
+ charitable purposes from the District treasury. I desire also to ask
+ your especial attention to the need of adding to the efficiency of the
+ public schools of the District by supplemental aid from the National
+ Treasury. This is especially just, since so large a number of those
+ attending these schools are children of employees of the Government.
+ I earnestly commend to your care the interests of the people of
+ the District, who are so intimately associated with the Government
+ establishments, and to whose enterprise the good order and
+ attractiveness of the capital are largely due; and I ask your
+ attention to the request of the Commissioners for legislation in
+ behalf of the interests intrusted to their care. The appropriations
+ asked for the care of the reservations belonging to the Government
+ within the city, by the Commissioner of Public Buildings and Grounds,
+ are also commended to your favorable consideration.
+</p>
+<p>
+ The report of the joint commission created by the act approved 2d of
+ August, 1876, entitled "An act providing for the completion of the
+ Washington Monument," is also herewith transmitted, with accompanying
+ documents. The board of engineer officers detailed to examine the
+ monument, in compliance with the second section of the act, have
+ reported that the foundation is insufficient. No authority exists for
+ making the expenditure necessary to secure its stability. I therefore
+ recommend that the commission be authorized to expend such portion of
+ the sum appropriated by the act as may be necessary for the purpose.
+ The present unfinished condition of the monument, begun so long ago,
+ is a reproach to the nation. It can not be doubted that the patriotic
+ sense of the country will warmly respond to such prompt provision
+ as may be made for its completion at an early day, and I urge upon
+ Congress the propriety and necessity of immediate legislation for this
+ purpose.
+</p>
+<p>
+ The wisdom of legislation upon the part of Congress, in aid of the
+ States, for the education of the whole people in those branches of
+ study which are taught in the common schools of the country is no
+ longer a question. The intelligent judgment of the country goes still
+ further, regarding it as also both constitutional and expedient for
+ the General Government to extend to technical and higher education,
+ such aid as is deemed essential to the general welfare and to our due
+ prominence among the enlightened and cultured nations of the world.
+ The ultimate settlement of all questions of the future, whether of
+ administration or finance or of true nationality of sentiment, depends
+ upon the virtue and intelligence of the people. It is vain to hope
+ for the success of a free government without the means of insuring
+ the intelligence of those who are the source of power. No less than
+ one-seventh of the entire voting population of our country are yet
+ unable to read and write.
+</p>
+<p>
+ It is encouraging to observe, in connection with the growth of
+ fraternal feeling in those States in which slavery formerly existed,
+ evidences of increasing interest in universal education, and I shall
+ be glad to give my approval to any appropriate measures which may be
+ enacted by Congress for the purpose of supplementing with national aid
+ the local systems of education in those States and in all the States;
+ and, having already invited your attention to the needs of the
+ District of Columbia with respect to its public-school system, I here
+ add that I believe it desirable, not so much with reference to the
+ local wants of the District, but to the great and lasting benefit
+ of the entire country, that this system should be crowned with a
+ university in all respects in keeping with the national capital, and
+ thereby realize the cherished hopes of Washington on this subject.
+</p>
+<p>
+ I also earnestly commend the request of the Regents of the
+ Smithsonian Institution that an adequate appropriation be made for
+ the establishment and conduct of a national museum under their
+ supervision.
+</p>
+<p>
+ The question of providing for the preservation and growth of the
+ Library of Congress is also one of national importance. As the
+ depository of all copyright publications and records, this library has
+ outgrown the provisions for its accommodation; and the erection, on
+ such site as the judgment of Congress may approve, of a fireproof
+ library building, to preserve the treasures and enlarge the usefulness
+ of this valuable collection, is recommended. I recommend also such
+ legislation as will render available and efficient for the purposes
+ of instruction, so far as is consistent with the public service, the
+ cabinets or museums of invention, of surgery, of education, and
+ of agriculture, and other collections the property of the National
+ Government.
+</p>
+<p>
+ The capital of the nation should be something more than a mere
+ political center. We should avail ourselves of all the opportunities
+ which Providence has here placed at our command to promote the general
+ intelligence of the people and increase the conditions most favorable
+ to the success and perpetuity of our institutions.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 10, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for the information of Congress, a copy of the
+ report of the commission appointed by me on the 27th of September,
+ 1877, to examine the several public buildings in this city
+ and determine the nature and extent of their security against
+ conflagrations and the measures to be taken to guard the buildings and
+ their contents from destruction or damage by fire.
+</p>
+<p>
+ The records of the Government constitute a most valuable collection
+ for the country, whether we consider their pecuniary value or their
+ historical importance; and it becomes my duty to call your attention
+ to the means suggested for securing these valuable archives, as well
+ as the buildings in which they are stored. The commissioners
+ have performed their duties intelligently and faithfully. Their
+ recommendations are fully concurred in by me and commended to the
+ favorable consideration of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 10, 1877</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith an additional report (and an
+ accompanying statement) addressed to me by the commissioners appointed
+ under the act of Congress approved July 19, 1876, authorizing the
+ repavement of that part of Pennsylvania avenue lying between the
+ Treasury Department and the Capitol Grounds.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 13, 1877</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a special report upon the subject of forestry by
+ the Commissioner of Agriculture, with the accompanying documents.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<center>
+ [A similar message was sent to the Senate.]
+</center>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>January 11, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 3d
+ ultimo, requesting to be furnished with the correspondence between the
+ Government of Venezuela and that of the United States had since the
+ adjournment of the first session of the Forty-fourth Congress in
+ relation to the Venezuela Mixed Claims Commission, I transmit the
+ report of the Secretary of State, together with its accompanying
+ documents.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 14, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received the following resolution of the Senate:
+</p>
+<p class="q" style="text-align: right;">
+ IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,<br>
+ <i>December 11, 1877.</i>
+</p>
+<p class="q">
+ <i>Resolved</i>, That the President be respectfully requested
+ to inform the Senate, with the view to the transaction of
+ its executive business, whether in any of the instances of
+ nominations hitherto sent to the Senate stated to be for
+ appointment in place of officers removed such removals had
+ been made at the time of sending such nominations to the
+ Senate.
+</p>
+<p>
+ In reply I would respectfully inform the Senate that in the instances
+ referred to removals had not been made at the time the nominations
+ were sent to the Senate. The form used for such nominations was one
+ found to have been in existence and heretofore used in some of
+ the Departments, and was intended to inform the Senate that if the
+ nomination proposed were approved it would operate to remove an
+ incumbent whose name was indicated.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 17, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to the resolution of the Senate of the 13th November last
+ calling for information concerning the cause, numbers engaged, number
+ of lives lost, and probable cost of the late so-called Nez Percé War,
+ I have the honor to submit the accompanying communication from the
+ General of the Army and an extract from the annual report of that
+ officer. Upon the subject of the cost of the Nez Percé War, I submit
+ reports from the Quartermaster-General and the Commissary-General of
+ Subsistence.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 18, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a treaty of friendship and commerce between the United
+ States and the Government of the Samoan Islands, signed on the 17th
+ instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 18, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of December 6, 1877, I
+ inclose a report made to me by the Attorney-General, the results
+ of which seem to be correct, and which affords the information<a href="#note-8"><small>8</small></a>
+ requested.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<center>
+ [A similar message was sent to the House of Representatives, in answer
+ to a resolution of that body of November 27, 1877.]
+</center>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 23, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of November 16, 1877,
+ I transmit reports<a href="#note-9"><small>9</small></a> made to me by the Attorney-General and the
+ Secretary of the Navy.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 29, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 10th ultimo, I
+ transmit herewith copies of reports<a href="#note-10"><small>10</small></a> of the Commissioners of
+ Indian Affairs and General Land Office, dated 9th and 21st instant,
+ respectively.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 4, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ The commission appointed under the act of Congress approved March
+ 3, 1873, entitled "An act to authorize inquiries into the causes of
+ steam-boiler explosions," have addressed a report of progress, made to
+ date thereof, to the Secretaries of the Treasury and Navy Departments,
+ which has been transmitted to me by these officers. The commission
+ also present a copy of a report dated February 27, 1877, which they
+ say "was mislaid and did not reach the President." These reports are
+ respectfully submitted for the information of Congress.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>February 6, 1878</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ I transmit herewith, in compliance with a resolution of the Senate of
+ the 6th of December last, a report from the Secretary of State and its
+ accompanying papers.<a href="#note-11"><small>11</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 11, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of Congress entitled "Joint
+ resolution accepting a painting<a href="#note-12"><small>12</small></a> tendered to Congress by Mrs.
+ Elizabeth Thompson," approved by me on the 1st instant, I have this
+ day caused a copy of the resolution to be delivered to Mrs. Thompson.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 20, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to the resolution of the Senate of January 30, 1878,
+ I transmit herewith a report,<a href="#note-13"><small>13</small></a> dated the 16th instant, from the
+ Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 20, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate dated December 7, 1877,
+ I transmit herewith reports from the General of the Army, the
+ Quartermaster-General, the Commissary-General of Subsistence, and the
+ Chief of Ordnance, showing what has been the cost (estimated) of the
+ late war with the Sioux Indians, and what the casualties of rank and
+ file among the soldiers engaged in said Sioux War.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 27, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the information of the Senate, the reply of
+ the Commissioner of Agriculture to a resolution of the Senate of the
+ 20th instant, "relative to the disease prevailing among swine," etc.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 21, 1878</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 11th of March
+ instant, I herewith transmit a report from the Secretary of State,
+ with accompanying documents.<a href="#note-14"><small>14</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 25, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In further answer to the resolution of the Senate of December 7,
+ 1877, as to the cost of the Sioux War, I transmit copies of additional
+ reports on the subject received from the Military Division of the
+ Missouri.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>March 27, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the Senate's resolution of the 14th ultimo, requesting to
+ be furnished with a copy of correspondence between the Government of
+ the United States and that of China respecting the "Ward" claims and
+ the claim of Charles E. Hill, I herewith submit a letter from the
+ Secretary of State, together with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 29, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, in compliance with a resolution of the House of
+ Representatives of the 21st ultimo, a report from the Secretary of
+ State and its accompanying papers.<a href="#note-15"><small>15</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 2, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of April 16, 1878,1 transmit
+ herewith reports<a href="#note-16"><small>16</small></a> made to me by the Secretary of the Treasury and
+ the Attorney-General.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 10, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention defining the rights, immunities, and
+ privileges of consular officers, between the United States and His
+ Majesty the King of Italy, signed on the 8th instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 14, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 29th ultimo, I
+ transmit herewith a report from the Secretary of State, with its
+ accompanying papers.<a href="#note-17"><small>17</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 17, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit, for your appropriate action, a communication
+ from the Secretary of State, on the subject of the result of the
+ deliberations of the Fishery Commission appointed under certain
+ provisions of the treaty of Washington, with the accompanying
+ documents.
+</p>
+<p>
+ Article XXII of the treaty provides that any sum of money which the
+ commissioners may award shall be paid by the United States Government
+ in a gross sum within twelve months after such award shall have been
+ given.
+</p>
+<p>
+ The commission announced the result of its deliberations on the 23d
+ day of November last year, and an appropriation at the present session
+ of Congress will be necessary to enable the Government to make the
+ payment provided for in the treaty.
+</p>
+<p>
+ I respectfully submit to the consideration of Congress the record
+ of the transaction as presented upon the papers, and recommend an
+ appropriation of the necessary sum, with such discretion to the
+ executive government in regard to its payment as in the wisdom of
+ Congress the public interests may seem to require.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 25, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to its
+ ratification, a consular convention between the United States and the
+ Netherlands, signed on the 23d instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June 11, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the
+ 27th May ultimo, I transmit the response of the Secretary of State,
+ accompanied by a copy of the papers<a href="#note-18"><small>18</small></a> called for by the resolution.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 12, 1878</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In transmitting herewith to Congress a communication from the
+ Secretary of State on the subject of the conference provided for
+ in the act of February 28, 1878, entitled "An act to authorize the
+ coinage of the standard silver dollar and to restore its legal-tender
+ character," I respectfully recommend that an adequate appropriation be
+ made for certain expenses of the conference and of the commissioners
+ attending the same on behalf of the United States, as suggested in the
+ communication of the Secretary of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 15, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith the report of the board for
+ testing iron, steel, and other metals, as requested in the resolution
+ of the House of Representatives dated April 27, 1878.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June,7, 1878</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 27th of May ultimo,
+ I herewith transmit a report from the Secretary of State, with
+ accompanying documents.<a href="#note-19"><small>19</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 28, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After a very careful consideration of the House bill No. 1093,
+ entitled "An act to authorize the coinage of the standard silver
+ dollar and to restore its legal-tender character," I feel compelled
+ to return it to the House of Representatives, in which it originated,
+ with my objections to its passage.
+</p>
+<p>
+ Holding the opinion, which I expressed in my annual message, that
+ "neither the interests of the Government nor of the people of the
+ United States would be promoted by disparaging silver as one of the
+ two precious metals which furnish the coinage of the world, and that
+ legislation which looks to maintaining the volume of intrinsic money
+ to as full a measure of both metals as their relative commercial
+ values will permit would be neither unjust nor inexpedient," it has
+ been my earnest desire to concur with Congress in the adoption of such
+ measures to increase the silver coinage of the country as would not
+ impair the obligation of contracts, either public or private, nor
+ injuriously affect the public credit. It is only upon the conviction
+ that this bill does not meet these essential requirements that I feel
+ it my duty to withhold from it my approval.
+</p>
+<p>
+ My present official duty as to this bill permits only an attention to
+ the specific objections to its passage which seem to me so important
+ as to justify me in asking from the wisdom and duty of Congress that
+ further consideration of the bill for which the Constitution has in
+ such cases provided.
+</p>
+<p>
+ The bill provides for the coinage of silver dollars of the weight of
+ 412-1/2 grains each, of standard silver, to be a legal tender at their
+ nominal value for all debts and dues, public and private, except where
+ otherwise expressly stipulated in the contract. It is well known that
+ the market value of that number of grains of standard silver during
+ the past year has been from 90 to 92 cents as compared with the
+ standard gold dollar. Thus the silver dollar authorized by this bill
+ is worth 8 to 10 per cent less than it purports to be worth, and
+ is made a legal tender for debts contracted when the law did not
+ recognize such coins as lawful money.
+</p>
+<p>
+ The right to pay duties in silver or in certificates for silver
+ deposits will, when they are issued in sufficient amount to circulate,
+ put an end to the receipt of revenue in gold, and thus compel the
+ payment of silver for both the principal and interest of the public
+ debt. One billion one hundred and forty-three million four hundred
+ and ninety-three thousand four hundred dollars of the bonded debt now
+ outstanding was issued prior to February, 1873, when the silver dollar
+ was unknown in circulation in this country, and was only a convenient
+ form of silver bullion for exportation; $583,440,350 of the funded
+ debt has been issued since February, 1873, when gold alone was the
+ coin for which the bonds were sold, and gold alone was the coin in
+ which both parties to the contract understood that the bonds would
+ be paid. These bonds entered into the markets of the world. They were
+ paid for in gold when silver had greatly depreciated, and when no one
+ would have bought them if it had been understood that they would be
+ paid in silver. The sum of $225,000,000 of these bonds has been sold
+ during my Administration for gold coin, and the United States received
+ the benefit of these sales by a reduction of the rate of interest to
+ 4 per cent. During the progress of these sales a doubt was suggested
+ as to the coin in which payment of these bonds would be made. The
+ public announcement was thereupon authorized that it was "not to be
+ anticipated that any future legislation of Congress or any action
+ of any department of the Government would sanction or tolerate the
+ redemption of the principal of these bonds or the payment of the
+ interest thereon in coin of less value than the coin authorized by law
+ at the time of the issue of the bonds, being the coin exacted by the
+ Government in exchange for the same." In view of these facts it will
+ be justly regarded as a grave breach of the public faith to undertake
+ to pay these bonds, principal or interest, in silver coin worth in the
+ market less than the coin received for them.
+</p>
+<p>
+ It is said that the silver dollar made a legal tender by this bill
+ will under its operation be equivalent in value to the gold dollar.
+ Many supporters of the bill believe this, and would not justify an
+ attempt to pay debts, either public or private, in coin of inferior
+ value to the money of the world. The capital defect of the bill
+ is that it contains no provision protecting from its operation
+ preexisting debts in case the coinage which it creates shall continue
+ to be of less value than that which was the sole legal tender when
+ they were contracted. If it is now proposed, for the purpose of taking
+ advantage of the depreciation of silver in the payment of debts, to
+ coin and make a legal tender a silver dollar of less commercial value
+ than any dollar, whether of gold or paper, which is now lawful money
+ in this country, such measure, it will hardly be questioned, will,
+ in the judgment of mankind, be an act of bad faith. As to all debts
+ heretofore contracted, the silver dollar should be made a legal tender
+ only at its market value. The standard of value should not be changed
+ without the consent of both parties to the contract. National promises
+ should be kept with unflinching fidelity. There is no power to compel
+ a nation to pay its just debts. Its credit depends on its honor. The
+ nation owes what it has led or allowed its creditors to expect. I can
+ not approve a bill which in my judgment authorizes the violation of
+ sacred obligations. The obligation of the public faith transcends
+ all questions of profit or public advantage. Its unquestionable
+ maintenance is the dictate as well of the highest expediency as of
+ the most necessary duty, and should ever be carefully guarded by the
+ Executive, by Congress, and by the people.
+</p>
+<p>
+ It is my firm conviction that if the country is to be benefited by a
+ silver coinage it can be done only by the issue of silver dollars of
+ full value, which will defraud no man. A currency worth less than it
+ purports to be worth will in the end defraud not only creditors, but
+ all who are engaged in legitimate business, and none more surely than
+ those who are dependent on their daily labor for their daily bread.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 6, 1878.</i>
+</p>
+<p>
+ <i>To the House of Representatives:</i>
+</p>
+<p>
+ I return herewith House bill No. 3072, entitled "An act to authorize
+ a special term of the circuit court of the United States for the
+ southern district of Mississippi to be held at Scranton, in Jackson
+ County," with the following objections to its becoming a law:
+</p>
+<p>
+ The act provides that a special term of the circuit court of the
+ United States for the southern district of Mississippi shall be held
+ at Scranton, in Jackson County, Miss., to begin on the second Monday
+ in March, 1878, and directs the clerk of said court to "cause notice
+ of said special term of said court to be published in a newspaper in
+ Jackson, Miss., and also in a newspaper in Scranton, at least ten days
+ before the beginning thereof."
+</p>
+<p>
+ The act can not be executed, inasmuch as there is not sufficient time
+ to give the notice of the holding of the special term which Congress
+ thought proper to require.
+</p>
+<p>
+ The number of suits to be tried at the special term in which the
+ United States is interested is forty-nine, and the amount involved
+ exceeds $200,000. The Government can not prepare for trial at said
+ special term, because no fund appropriated by Congress can be made
+ available for that purpose. If, therefore, the Government is compelled
+ to go to trial at the special term provided for by this bill, the
+ United States must be defeated for want of time and means to make
+ preparation for the proper vindication of its rights.
+</p>
+<p>
+ The bill is therefore returned for the further consideration of
+ Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it is provided in the laws of the United States that whenever,
+ by reason of unlawful obstructions, combinations or assemblages of
+ persons, or rebellion against the authority of the Government of the
+ United States, it shall become impracticable, in the judgment of the
+ President, to enforce by the ordinary course of judicial proceedings
+ the laws of the United States within any State or Territory, it shall
+ be lawful for the President to call forth the militia of any or all
+ the States and to employ such parts of the land and naval forces of
+ the United States as he may deem necessary to enforce the faithful
+ execution of the laws of the United States or to suppress such
+ rebellion, in whatever State or Territory thereof the laws of the
+ United States may be forcibly opposed or the execution thereof
+ forcibly obstructed; and
+</p>
+<p>
+ Whereas it has been made to appear to me that, by reason of unlawful
+ combinations and assemblages of persons in arms, it has become
+ impracticable to enforce by the ordinary course of judicial
+ proceedings the laws of the United States within the Territory of New
+ Mexico, and especially within Lincoln County therein, and that the
+ laws of the United States have been therein forcibly opposed and the
+ execution thereof forcibly resisted; and
+</p>
+<p>
+ 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 of enforcing the faithful execution of the laws of
+ the United States, he shall forthwith, by proclamation, command such
+ insurgents to disperse and retire peaceably to their respective abodes
+ within a limited time:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do hereby admonish all good citizens of the United States,
+ and especially of the Territory of New Mexico, against aiding,
+ countenancing, abetting, or taking part in any such unlawful
+ proceedings; and I do hereby warn all persons engaged in or connected
+ with said obstruction of the laws to disperse and retire peaceably to
+ their respective abodes on or before noon of the 13th day of October
+ instant.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 7th day of October, A.D. 1878,
+ and of the Independence of the United States the one hundred and
+ third.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ F.W. SEWARD,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ The recurrence of that season at which it is the habit of our people
+ to make devout and public confession of their constant dependence upon
+ the divine favor for all the good gifts of life and happiness and
+ of public peace and prosperity exhibits in the record of the year
+ abundant reasons for our gratitude and thanksgiving.
+</p>
+<p>
+ Exuberant harvests, productive mines, ample crops of the staples of
+ trade and manufactures, have enriched the country.
+</p>
+<p>
+ The resources thus furnished to our reviving industry and expanding
+ commerce are hastening the day when discords and distresses through
+ the length and breadth of the land will, under the continued favor
+ of Providence, have given way to confidence and energy and assured
+ prosperity.
+</p>
+<p>
+ Peace with all nations has been maintained unbroken, domestic
+ tranquillity has prevailed, and the institutions of liberty and
+ justice which the wisdom and virtue of our fathers established remain
+ the glory and defense of their children.
+</p>
+<p>
+ The general prevalence of the blessings of health through our wide
+ land has made more conspicuous the sufferings and sorrows which the
+ dark shadow of pestilence has cast upon a portion of our people. This
+ heavy affliction even the Divine Ruler has tempered to the suffering
+ communities in the universal sympathy and succor which have flowed to
+ their relief, and the whole nation may rejoice in the unity of spirit
+ in our people by which they cheerfully share one another's burdens.
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do appoint Thursday, the 28th day of November next, as a day
+ of national thanksgiving and prayer; and I earnestly recommend that,
+ withdrawing themselves from secular cares and labors, the people of
+ the United States do meet together on that day in their respective
+ places of worship, there to give thanks and praise to Almighty God for
+ His mercies and to devoutly beseech their continuance.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 30th day of October, A.D. 1878,
+ and of the Independence of the United States the one hundred and
+ third.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, December 31, 1877</i>.
+</p>
+<p>
+JAMES H. COGGESHALL, Esq.,<br>
+ <i>Marshal of the United States for the
+ District of Rhode Island, Providence, R.I.</i>
+</p>
+<p>
+ SIR: By virtue of the authority conferred upon me by section 5287 of
+ the Revised Statutes of the United States, and in execution of the
+ same, you are hereby empowered and directed to take possession of the
+ steamer <i>Estelle</i>, now or lately lying at Bristol, in Rhode Island,
+ and to detain the same until further orders from me concerning the
+ same, and to employ such portion of the land and naval forces of the
+ United States as may be necessary for that purpose.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 27, 1878</i>.
+</p>
+<p>
+ SIR:<a href="#note-20"><small>20</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Thursday, the 30th
+ instant, in respect to the memory of those who fell in defense of the
+ Union, and to enable the employees to participate in the commemorative
+ ceremonies of the day.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Private Secretary</i>.
+</p>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SECOND ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 2, 1878</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ Our heartfelt gratitude is due to the Divine Being who holds in His
+ hands the destinies of nations for the continued bestowal during the
+ last year of countless blessings upon our country.
+</p>
+<p>
+ We are at peace with all other nations. Our public credit has greatly
+ improved, and is perhaps now stronger than ever before. Abundant
+ harvests have rewarded the labors of those who till the soil, our
+ manufacturing industries are reviving, and it is believed that general
+ prosperity, which has been so long anxiously looked for, is at last
+ within our reach.
+</p>
+<p>
+ The enjoyment of health by our people generally has, however, been
+ interrupted during the past season by the prevalence of a fatal
+ pestilence (the yellow fever) in some portions of the Southern States,
+ creating an emergency which called for prompt and extraordinary
+ measures of relief. The disease appeared as an epidemic at New Orleans
+ and at other places on the Lower Mississippi soon after midsummer.
+ It was rapidly spread by fugitives from the infected cities and
+ towns, and did not disappear until early in November. The States of
+ Louisiana, Mississippi, and Tennessee have suffered severely. About
+ 100,000 cases are believed to have occurred, of which about 20,000,
+ according to intelligent estimates, proved fatal. It is impossible
+ to estimate with any approach to accuracy the loss to the country
+ occasioned by this epidemic. It is to be reckoned by the hundred
+ millions of dollars. The suffering and destitution that resulted
+ excited the deepest sympathy in all parts of the Union. Physicians and
+ nurses hastened from every quarter to the assistance of the afflicted
+ communities. Voluntary contributions of money and supplies, in every
+ needed form, were speedily and generously furnished. The Government
+ was able to respond in some measure to the call for help, by providing
+ tents, medicines, and food for the sick and destitute, the requisite
+ directions for the purpose being given in the confident expectation
+ that this action of the Executive would receive the sanction of
+ Congress. About 1,800 tents, and rations of the value of about
+ $25,000, were sent to cities and towns which applied for them,
+ full details of which will be furnished to Congress by the proper
+ Department.
+</p>
+<p>
+ The fearful spread of this pestilence has awakened a very general
+ public sentiment in favor of national sanitary administration, which
+ shall not only control quarantine, but have the sanitary supervision
+ of internal commerce in times of epidemics, and hold an advisory
+ relation to the State and municipal health authorities, with power
+ to deal with whatever endangers the public health, and which the
+ municipal and State authorities are unable to regulate. The national
+ quarantine act approved April 29, 1878, which was passed too late in
+ the last session of Congress to provide the means for carrying it into
+ practical operation during the past season, is a step in the direction
+ here indicated. In view of the necessity for the most effective
+ measures, by quarantine and otherwise, for the protection of our
+ seaports and the country generally from this and other epidemics,
+ it is recommended that Congress give to the whole subject early and
+ careful consideration.
+</p>
+<p>
+ The permanent pacification of the country by the complete protection
+ of all citizens in every civil and political right continues to be of
+ paramount interest with the great body of our people. Every step
+ in this direction is welcomed with public approval, and every
+ interruption of steady and uniform progress to the desired
+ consummation awakens general uneasiness and widespread condemnation.
+ The recent Congressional elections have furnished a direct and
+ trustworthy test of the advance thus far made in the practical
+ establishment of the right of suffrage secured by the Constitution to
+ the liberated race in the Southern States. All disturbing influences,
+ real or imaginary, had been removed from all of these States.
+</p>
+<p>
+ The three constitutional amendments which conferred freedom and
+ equality of civil and political rights upon the colored people of the
+ South were adopted by the concurrent action of the great body of good
+ citizens who maintained the authority of the National Government and
+ the integrity and perpetuity of the Union at such a cost of treasure
+ and life, as a wise and necessary embodiment in the organic law of the
+ just results of the war. The people of the former slaveholding States
+ accepted these results, and gave in every practicable form assurances
+ that the thirteenth, fourteenth, and fifteenth amendments, and laws
+ passed in pursuance thereof, should in good faith be enforced, rigidly
+ and impartially, in letter and spirit, to the end that the humblest
+ citizen, without distinction of race or color, should under them
+ receive full and equal protection in person and property and in
+ political rights and privileges. By these constitutional amendments
+ the southern section of the Union obtained a large increase of
+ political power in Congress and in the electoral college, and the
+ country justly expected that elections would proceed, as to
+ the enfranchised race, upon the same circumstances of legal and
+ constitutional freedom and protection which obtained in all the other
+ States of the Union. The friends of law and order looked forward to
+ the conduct of these elections as offering to the general judgment of
+ the country an important opportunity to measure the degree in which
+ the right of suffrage could be exercised by the colored people and
+ would be respected by their fellow-citizens; but a more general
+ enjoyment of freedom of suffrage by the colored people and a more just
+ and generous protection of that freedom by the communities of which
+ they form a part were generally anticipated than the record of the
+ elections discloses. In some of those States in which the colored
+ people have been unable to make their opinions felt in the elections
+ the result is mainly due to influences not easily measured or remedied
+ by legal protection; but in the States of Louisiana and South Carolina
+ at large, and in some particular Congressional districts outside
+ of those States, the records of the elections seem to compel the
+ conclusion that the rights of the colored voters have been overridden
+ and their participation in the elections not permitted to be either
+ general or free.
+</p>
+<p>
+ It will be for the Congress for which these elections were held to
+ make such examinations into their conduct as may be appropriate to
+ determine the validity of the claims of members to their seats. In
+ the meanwhile it becomes the duty of the executive and judicial
+ departments of the Government, each in its province, to inquire into
+ and punish violations of the laws of the United States which have
+ occurred. I can but repeat what I said in this connection in my last
+ message, that whatever authority rests with me to this end I shall not
+ hesitate to put forth; and I am unwilling to forego a renewed appeal
+ to the legislatures, the courts, the executive authorities, and the
+ people of the States where these wrongs have been perpetrated to
+ give their assistance toward bringing to justice the offenders and
+ preventing a repetition of the crimes. No means within my power will
+ be spared to obtain a full and fair investigation of the alleged
+ crimes and to secure the conviction and just punishment of the guilty.
+</p>
+<p>
+ It is to be observed that the principal appropriation made for the
+ Department of Justice at the last session contained the following
+ clause:
+</p>
+<p class="q">
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+</p>
+<p>
+ It is the opinion of the Attorney-General that the expenses of these
+ proceedings will largely exceed the amount which was thus provided,
+ and I rely confidently upon Congress to make adequate appropriations
+ to enable the executive department to enforce the laws.
+</p>
+<p>
+ I respectfully urge upon your attention that the Congressional
+ elections, in every district, in a very important sense, are justly a
+ matter of political interest and concern throughout the whole country.
+ Each State, every political party, is entitled to the share of power
+ which is conferred by the legal and constitutional suffrage. It is the
+ right of every citizen possessing the qualifications prescribed by
+ law to cast one unintimidated ballot and to have his ballot honestly
+ counted. So long as the exercise of this power and the enjoyment of
+ this right are common and equal, practically as well as formally,
+ submission to the results of the suffrage will be accorded loyally and
+ cheerfully, and all the departments of Government will feel the
+ true vigor of the popular will thus expressed. No temporary or
+ administrative interests of Government, however urgent or weighty,
+ will ever displace the zeal of our people in defense of the primary
+ rights of citizenship. They understand that the protection of liberty
+ requires the maintenance in full vigor of the manly methods of free
+ speech, free press, and free suffrage, and will sustain the full
+ authority of Government to enforce the laws which are framed to
+ preserve these inestimable rights. The material progress and welfare
+ of the States depend on the protection afforded to their citizens.
+ There can be no peace without such protection, no prosperity without
+ peace, and the whole country is deeply interested in the growth and
+ prosperity of all its parts.
+</p>
+<p>
+ While the country has not yet reached complete unity of feeling
+ and reciprocal confidence between the communities so lately and so
+ seriously estranged, I feel an absolute assurance that the tendencies
+ are in that direction, and with increasing force. The power of public
+ opinion will override all political prejudices and all sectional or
+ State attachments in demanding that all over our wide territory the
+ name and character of citizen of the United States shall mean one and
+ the same thing and carry with them unchallenged security and respect.
+</p>
+<p>
+ Our relations with other countries continue peaceful. Our neutrality
+ in contests between foreign powers has been maintained and respected.
+</p>
+<p>
+ The Universal Exposition held at Paris during the past summer has been
+ attended by large numbers of our citizens. The brief period allowed
+ for the preparation and arrangement of the contributions of our
+ citizens to this great exposition was well employed in energetic and
+ judicious efforts to overcome this disadvantage. These efforts, led
+ and directed by the commissioner-general, were remarkably successful,
+ and the exhibition of the products of American industry was creditable
+ and gratifying in scope and character. The reports of the United
+ States commissioners, giving its results in detail, will be duly laid
+ before you. Our participation in this international competition for
+ the favor and the trade of the world may be expected to produce useful
+ and important results&mdash;in promoting intercourse, friendship, and
+ commerce with other nations.
+</p>
+<p>
+ In accordance with the provisions of the act of February 28, 1878,
+ three commissioners were appointed to an international conference on
+ the subject of adopting a common ratio between gold and silver, for
+ the purpose of establishing internationally the use of bimetallic
+ money and securing fixity of relative value between those metals.
+</p>
+<p>
+ Invitations were addressed to the various governments which had
+ expressed a willingness to participate in its deliberations. The
+ conference held its meetings in Paris in August last. The report
+ of the commissioners, herewith submitted, will show its results.
+ No common ratio between gold and silver could be agreed upon by the
+ conference. The general conclusion was reached that it is necessary to
+ maintain in the world the monetary functions of silver as well as of
+ gold, leaving the selection of the use of one or the other of these
+ two metals, or of both, to be made by each state.
+</p>
+<p>
+ Congress having appropriated at its last session the sum of $5,500,000
+ to pay the award of the joint commission at Halifax, if, after
+ correspondence with the British Government on the subject of the
+ conformity of the award to the requirements of the treaty and to
+ the terms of the question thereby submitted to the commission, the
+ President shall deem it his duty to make the payment, communications
+ upon these points were addressed to the British Government through
+ the legation of the United States at London. Failing to obtain the
+ concurrence of the British Government in the views of this Government
+ respecting the award, I have deemed it my duty to tender the sum named
+ within the year fixed by the treaty, accompanied by a notice of the
+ grounds of the payment and a protest against any other construction
+ of the same. The correspondence upon this subject will be laid before
+ you.
+</p>
+<p>
+ The Spanish Government has officially announced the termination of
+ the insurrection in Cuba and the restoration of peace throughout that
+ island. Confident expectations are expressed of a revival of trade
+ and prosperity, which it is earnestly hoped may prove well founded.
+ Numerous claims of American citizens for relief for injuries
+ or restoration of property have been among the incidents of the
+ long-continued hostilities. Some of these claims are in process of
+ adjustment by Spain, and the others are promised early and careful
+ consideration.
+</p>
+<p>
+ The treaty made with Italy in regard to reciprocal consular privileges
+ has been duly ratified and proclaimed.
+</p>
+<p>
+ No questions of grave importance have arisen with any other of the
+ European powers.
+</p>
+<p>
+ The Japanese Government has been desirous of a revision of such parts
+ of its treaties with foreign powers as relate to commerce, and it is
+ understood has addressed to each of the treaty powers a request to
+ open negotiations with that view. The United States Government has
+ been inclined to regard the matter favorably. Whatever restrictions
+ upon trade with Japan are found injurious to that people can not but
+ affect injuriously nations holding commercial intercourse with them.
+ Japan, after a long period of seclusion, has within the past few years
+ made rapid strides in the path of enlightenment and progress, and, not
+ unreasonably, is looking forward to the time when her relations with
+ the nations of Europe and America shall be assimilated to those which
+ they hold with each other. A treaty looking to this end has been made,
+ which will be submitted for the consideration of the Senate.
+</p>
+<p>
+ After an interval of several years the Chinese Government has again
+ sent envoys to the United States. They have been received, and a
+ permanent legation is now established here by that Government. It is
+ not doubted that this step will be of advantage to both nations in
+ promoting friendly relations and removing causes of difference.
+</p>
+<p>
+ The treaty with the Samoan Islands, having been duly ratified and
+ accepted on the part of both Governments, is now in operation, and a
+ survey and soundings of the harbor of Pago-Pago have been made by a
+ naval vessel of the United States, with a view of its occupation as
+ a naval station if found desirable to the service.
+</p>
+<p>
+ Since the resumption of diplomatic relations with Mexico
+ correspondence has been opened and still continues between the two
+ Governments upon the various questions which at one time seemed to
+ endanger their relations. While no formal agreement has been reached
+ as to the troubles on the border, much has been done to repress and
+ diminish them. The effective force of United States troops on the Rio
+ Grande, by a strict and faithful compliance with instructions, has
+ done much to remove the sources of dispute, and it is now understood
+ that a like force of Mexican troops on the other side of the river is
+ also making an energetic movement against the marauding Indian tribes.
+ This Government looks with the greatest satisfaction upon every
+ evidence of strength in the national authority of Mexico, and upon
+ every effort put forth to prevent or to punish incursions upon our
+ territory. Reluctant to assume any action or attitude in the control
+ of these incursions by military movements across the border not
+ imperatively demanded for the protection of the lives and property
+ of our own citizens, I shall take the earliest opportunity consistent
+ with the proper discharge of this plain duty to recognize the ability
+ of the Mexican Government to restrain effectively violations of
+ our territory. It is proposed to hold next year an international
+ exhibition in Mexico, and it is believed that the display of the
+ agricultural and manufacturing products of the two nations will tend
+ to better understanding and increased commercial intercourse between
+ their people.
+</p>
+<p>
+ With Brazil and the Republics of Central and South America some
+ steps have been taken toward the development of closer commercial
+ intercourse. Diplomatic relations have been resumed with Colombia and
+ with Bolivia. A boundary question between the Argentine Republic and
+ Paraguay has been submitted by those Governments for arbitration
+ to the President of the United States, and I have, after careful
+ examination, given a decision upon it.
+</p>
+<p>
+ A naval expedition up the Amazon and Madeira rivers has brought back
+ information valuable both for scientific and commercial purposes. A
+ like expedition is about visiting the coast of Africa and the Indian
+ Ocean. The reports of diplomatic and consular officers in relation
+ to the development of our foreign commerce have furnished many facts
+ that have proved of public interest and have stimulated to practical
+ exertion the enterprise of our people.
+</p>
+<p>
+ The report of the Secretary of the Treasury furnishes a detailed
+ statement of the operations of that Department of the Government and
+ of the condition of the public finances.
+</p>
+<p>
+ The ordinary revenues from all sources for the fiscal year ended June
+ 30, 1878, were $257,763,878.70; the ordinary expenditures for the same
+ period were $236,964,326.80, leaving a surplus revenue for the year of
+ $20,799,551.90. The receipts for the present fiscal year, ending June
+ 30, 1879, actual and estimated, are as follows: Actual receipts for
+ the first quarter, commencing July 1, 1878, $73,389,743.43;
+ estimated receipts for the remaining three quarters of the year,
+ $191,110,256.57; total receipts for the current fiscal year, actual
+ and estimated, $264,500,000. The expenditures for the same period will
+ be, actual and estimated, as follows: For the quarter commencing July
+ 1, 1878, actual expenditures, $73,344,573.27; and for the remaining
+ three quarters of the year the expenditures are estimated at
+ $166,755,426.73, making the total expenditures $240,100,000, and
+ leaving an estimated surplus revenue for the year ending June 30,
+ 1879, of $24,400,000. The total receipts during the next fiscal year,
+ ending June 30, 1880, estimated according to existing laws, will be
+ $264,500,000, and the estimated ordinary expenditures for the same
+ period will be $236,320,412.68, leaving a surplus of $28,179,587.32
+ for that year.
+</p>
+<p>
+ In the foregoing statements of expenditures, actual and estimated,
+ no amount is allowed for the sinking fund provided for by the act
+ approved February 25, 1862, which requires that 1 per cent of the
+ entire debt of the United States shall be purchased or paid within
+ each fiscal year, to be set apart as a sinking fund. There has been,
+ however, a substantial compliance with the conditions of the law. By
+ its terms the public debt should have been reduced between 1862
+ and the close of the last fiscal year $518,361,806.28; the
+ actual reduction of the ascertained debt in that period has been
+ $720,644,739.61, being in excess of the reduction required by the
+ sinking fund act $202,282,933.33.
+</p>
+<p>
+ The amount of the public debt, less cash in the Treasury, November 1,
+ 1878, was $2,024,200,083.18, a reduction since the same date last year
+ of $23,150,617.39.
+</p>
+<p>
+ The progress made during the last year in refunding the public debt at
+ lower rates of interest is very gratifying. The amount of 4 per cent
+ bonds sold during the present year prior to November 23, 1878, is
+ $100,270,900, and 6 per cent bonds, commonly known as five-twenties,
+ to an equal amount, have been or will be redeemed as calls mature.
+</p>
+<p>
+ It has been the policy of the Department to place the 4 per cent bonds
+ within easy reach of every citizen who desires to invest his savings,
+ whether small or great, in these securities. The Secretary of the
+ Treasury recommends that the law be so modified that small sums may
+ be invested, and that through the post-offices or other agents of the
+ Government the freest opportunity may be given in all parts of the
+ country for such investments.
+</p>
+<p>
+ The best mode suggested is that the Department be authorized to issue
+ certificates of deposit, of the denomination of $10, bearing interest
+ at the rate of 3.65 per cent per annum and convertible at any time
+ within one year after their issue into the 4 per cent bonds authorized
+ by the refunding act, and to be issued only in exchange for United
+ States notes sent to the Treasury by mail or otherwise. Such a
+ provision of law, supported by suitable regulations, would enable any
+ person readily, without cost or risk, to convert his money into an
+ interest-bearing security of the United States, and the money so
+ received could be applied to the redemption of 6 per cent bonds.
+</p>
+<p>
+ The coinage of gold during the last fiscal year was $52,798,980. The
+ coinage of silver dollars under the act passed February 28, 1878,
+ amounted on the 23d of November, 1878, to $19,814,550, of which amount
+ $4,984,947 are in circulation, and the balance, $14,829,603, is still
+ in the possession of the Government.
+</p>
+<p>
+ With views unchanged with regard to the act under which the coinage of
+ silver proceeds, it has been the purpose of the Secretary faithfully
+ to execute the law and to afford a fair trial to the measure.
+</p>
+<p>
+ In the present financial condition of the country I am persuaded that
+ the welfare of legitimate business and industry of every description
+ will be best promoted by abstaining from all attempts to make radical
+ changes in the existing financial legislation. Let it be understood
+ that during the coming year the business of the country will be
+ undisturbed by governmental interference with the laws affecting it,
+ and we may confidently expect that the resumption of specie payments,
+ which will take place at the appointed time, will be successfully and
+ easily maintained, and that it will be followed by a healthful and
+ enduring revival of business prosperity.
+</p>
+<p>
+ Let the healing influence of time, the inherent energies of our
+ people, and the boundless resources of our country have a fair
+ opportunity, and relief from present difficulties will surely follow.
+</p>
+<p>
+ The report of the Secretary of War shows that the Army has been well
+ and economically supplied; that our small force has been actively
+ employed and has faithfully performed all the service required of it.
+ The morale of the Army has improved and the number of desertions has
+ materially decreased during the year.
+</p>
+<p>
+ The Secretary recommends&mdash;
+</p>
+<p>
+ 1. That a pension be granted to the widow of the late Lieutenant Henry
+ H. Benner, Eighteenth Infantry, who lost his life by yellow fever
+ while in command of the steamer <i>J.M. Chambers</i>, sent with supplies
+ for the relief of sufferers in the South from that disease.
+</p>
+<p>
+ 2. The establishment of the annuity scheme for the benefit of the
+ heirs of deceased officers, as suggested by the Paymaster-General.
+</p>
+<p>
+ 3. The adoption by Congress of a plan for the publication of the
+ records of the War of the Rebellion, now being prepared for that
+ purpose.
+</p>
+<p>
+ 4. The increase of the extra per diem of soldier teachers employed in
+ post schools, and liberal appropriations for the erection of buildings
+ for schools and libraries at the different posts.
+</p>
+<p>
+ 5. The repeal or amendment of the act of June 18, 1878, forbidding the
+ use of the Army "as a <i>posse comitatus</i>, or otherwise, for the
+ purpose of executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be expressly
+ authorized by the Constitution or by act of Congress."
+</p>
+<p>
+ 6. The passage of a joint resolution of Congress legalizing the issues
+ of rations, tents, and medicines which were made for the relief of
+ sufferers from yellow fever.
+</p>
+<p>
+ 7. That provision be made for the erection of a fireproof building for
+ the preservation of certain valuable records, now constantly exposed
+ to destruction by fire.
+</p>
+<p>
+ These recommendations are all commended to your favorable
+ consideration.
+</p>
+<p>
+ The report of the Secretary of the Navy shows that the Navy
+ has improved during the last fiscal year. Work has been done on
+ seventy-five vessels, ten of which have been thoroughly repaired
+ and made ready for sea. Two others are in rapid progress toward
+ completion. The total expenditures of the year, including the
+ amount appropriated for the deficiencies of the previous year, were
+ $17,468,392.65. The actual expenses chargeable to the year, exclusive
+ of these deficiencies, were $13,306,914.09, or $767,199.18 less than
+ those of the previous year, and $4,928,677.74 less than the expenses
+ including the deficiencies. The estimates for the fiscal year ending
+ June 30, 1880, are $14,562,381.45, exceeding the appropriations of
+ the present year only $33,949.75, which excess is occasioned by the
+ demands of the Naval Academy and the Marine Corps, as explained in the
+ Secretary's report. The appropriations for the present fiscal year are
+ $14,528,431.70, which, in the opinion of the Secretary, will be ample
+ for all the current expenses of the Department during the year. The
+ amount drawn from the Treasury from July 1 to November 1, 1878, is
+ $4,740,544.14, of which $70,980.75 has been refunded, leaving as the
+ expenditure for that period $4,669,563.39, or $520,899.24 less than
+ the corresponding period of the last fiscal year.
+</p>
+<p>
+ The report of the Postmaster-General embraces a detailed statement of
+ the operations of the Post-Office Department. The expenditures of
+ that Department for the fiscal year ended June 30, 1878, were
+ $34,165,084.49. The receipts, including sales of stamps, money-order
+ business, and official stamps, were $29,277,516.95. The sum of
+ $290,436.90, included in the foregoing statement of expenditures, is
+ chargeable to preceding years, so that the actual expenditures for the
+ fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn
+ from the Treasury on appropriations, in addition to the revenues of
+ the Department, was $5,307,652.82. The expenditures for the fiscal
+ year ending June 30, 1880, are estimated at $36,571,900 and the
+ receipts from all sources at $30,664,023.90, leaving a deficiency to
+ be appropriated out of the Treasury of $5,907,876.10. The report calls
+ attention to the fact that the compensation of postmasters and of
+ railroads for carrying the mail is regulated by law, and that the
+ failure of Congress to appropriate the amounts required for these
+ purposes does not relieve the Government of responsibility, but
+ necessarily increases the deficiency bills which Congress will be
+ called upon to pass.
+</p>
+<p>
+ In providing for the postal service the following questions are
+ presented: Should Congress annually appropriate a sum for its expenses
+ largely in excess of its revenues, or should such rates of postage be
+ established as will make the Department self-sustaining? Should the
+ postal service be reduced by excluding from the mails matter which
+ does not pay its way? Should the number of post routes be diminished?
+ Should other methods be adopted which will increase the revenues or
+ diminish the expenses of the postal service?
+</p>
+<p>
+ The International Postal Congress which met at Paris May 1, 1878, and
+ continued in session until June 4 of the same year, was composed of
+ delegates from nearly all the civilized countries of the world. It
+ adopted a new convention (to take the place of the treaty concluded
+ at Berne October 9, 1874), which goes into effect on the 1st of April,
+ 1879, between the countries whose delegates have signed it. It was
+ ratified and approved, by and with the consent of the President,
+ August 13, 1878. A synopsis of this Universal Postal Convention will
+ be found in the report of the Postmaster-General, and the full text
+ in the appendix thereto. In its origin the Postal Union comprised
+ twenty-three countries, having a population of 350,000,000 people.
+ On the 1st of April next it will comprise forty-three countries and
+ colonies, with a population of more than 650,000,000 people, and will
+ soon, by the accession of the few remaining countries and colonies
+ which maintain organized postal services, constitute in fact as well
+ as in name, as its new title indicates, a universal union, regulating,
+ upon a uniform basis of cheap postage rates, the postal intercourse
+ between all civilized nations.
+</p>
+<p>
+ Some embarrassment has arisen out of the conflict between the customs
+ laws of this country and the provisions of the Postal Convention in
+ regard to the transmission of foreign books and newspapers to this
+ country by mail. It is hoped that Congress will be able to devise some
+ means of reconciling the difficulties which have thus been created, so
+ as to do justice to all parties involved.
+</p>
+<p>
+ The business of the Supreme Court and of the courts in many of the
+ circuits has increased to such an extent during the past year that
+ additional legislation is imperative to relieve and prevent the
+ delay of justice and possible oppression to suitors which is thus
+ occasioned. The encumbered condition of these dockets is presented
+ anew in the report of the Attorney-General, and the remedy suggested
+ is earnestly urged for Congressional action. The creation of
+ additional circuit judges, as proposed, would afford a complete
+ remedy, and would involve an expense, at the present rate of salaries,
+ of not more than $60,000 a year.
+</p>
+<p>
+ The annual reports of the Secretary of the Interior and of the
+ Commissioner of Indian Affairs present an elaborate account of the
+ present condition of the Indian tribes and of that branch of the
+ public service which ministers to their interests. While the conduct
+ of the Indians generally has been orderly and their relations with
+ their neighbors friendly and peaceable, two local disturbances have
+ occurred, which were deplorable in their character, but remained,
+ happily, confined to a comparatively small number of Indians. The
+ discontent among the Bannocks, which led first to some acts of
+ violence on the part of some members of the tribe and finally to the
+ outbreak, appears to have been caused by an insufficiency of food
+ on the reservation, and this insufficiency to have been owing to the
+ inadequacy of the appropriations made by Congress to the wants of the
+ Indians at a time when the Indians were prevented from supplying the
+ deficiency by hunting. After an arduous pursuit by the troops of
+ the United States, and several engagements, the hostile Indians
+ were reduced to subjection, and the larger part of them surrendered
+ themselves as prisoners. In this connection I desire to call attention
+ to the recommendation made by the Secretary of the Interior, that
+ a sufficient fund be placed at the disposal of the Executive, to be
+ used, with proper accountability, at discretion, in sudden emergencies
+ of the Indian service.
+</p>
+<p>
+ The other case of disturbance was that of a band of Northern
+ Cheyennes, who suddenly left their reservation in the Indian Territory
+ and marched rapidly through the States of Kansas and Nebraska in the
+ direction of their old hunting grounds, committing murders and other
+ crimes on their way. From documents accompanying the report of the
+ Secretary of the Interior it appears that this disorderly band was as
+ fully supplied with the necessaries of life as the 4,700 other Indians
+ who remained quietly on the reservation, and that the disturbance
+ was caused by men of a restless and mischievous disposition among the
+ Indians themselves. Almost the whole of this band have surrendered to
+ the military authorities; and it is a gratifying fact that when some
+ of them had taken refuge in the camp of the Red Cloud Sioux, with whom
+ they had been in friendly relations, the Sioux held them as prisoners
+ and readily gave them up to the officers of the United States, thus
+ giving new proof of the loyal spirit which, alarming rumors to the
+ contrary notwithstanding, they have uniformly shown ever since the
+ wishes they expressed at the council of September, 1877, had been
+ complied with.
+</p>
+<p>
+ Both the Secretary of the Interior and the Secretary of War unite
+ in the recommendation that provision be made by Congress for the
+ organization of a corps of mounted "Indian auxiliaries," to be under
+ the control of the Army and to be used for the purpose of keeping the
+ Indians on their reservations and preventing or repressing disturbance
+ on their part. I earnestly concur in this recommendation. It is
+ believed that the organization of such a body of Indian cavalry,
+ receiving a moderate pay from the Government, would considerably
+ weaken the restless element among the Indians by withdrawing from it
+ a number of young men and giving them congenial employment under
+ the Government, it being a matter of experience that Indians in our
+ service almost without exception are faithful in the performance of
+ the duties assigned to them. Such an organization would materially
+ aid the Army in the accomplishment of a task for which its numerical
+ strength is sometimes found insufficient.
+</p>
+<p>
+ But while the employment of force for the prevention or repression
+ of Indian troubles is of occasional necessity, and wise preparation
+ should be made to that end, greater reliance must be placed on humane
+ and civilizing agencies for the ultimate solution of what is called
+ the Indian problem. It may be very difficult and require much
+ patient effort to curb the unruly spirit of the savage Indian to the
+ restraints of civilized life, but experience shows that it is not
+ impossible. Many of the tribes which are now quiet and orderly and
+ self-supporting were once as savage as any that at present roam
+ over the plains or in the mountains of the far West, and were then
+ considered inaccessible to civilizing influences. It may be impossible
+ to raise them fully up to the level of the white population of the
+ United States; but we should not forget that they are the aborigines
+ of the country, and called the soil their own on which our people have
+ grown rich, powerful, and happy. We owe it to them as a moral duty to
+ help them in attaining at least that degree of civilization which they
+ may be able to reach. It is not only our duty, it is also our interest
+ to do so. Indians who have become agriculturists or herdsmen, and feel
+ an interest in property, will thenceforth cease to be a warlike and
+ disturbing element. It is also a well-authenticated fact that Indians
+ are apt to be peaceable and quiet when their children are at school,
+ and I am gratified to know, from the expressions of Indians themselves
+ and from many concurring reports, that there is a steadily increasing
+ desire, even among Indians belonging to comparatively wild tribes, to
+ have their children educated. I invite attention to the reports of
+ the Secretary of the Interior and the Commissioner of Indian Affairs
+ touching the experiment recently inaugurated, in taking fifty Indian
+ children, boys and girls, from different tribes, to the Hampton Normal
+ Agricultural Institute in Virginia, where they are to receive an
+ elementary English education and training in agriculture and other
+ useful works, to be returned to their tribes, after the completed
+ course, as interpreters, instructors, and examples. It is reported
+ that the officer charged with the selection of those children might
+ have had thousands of young Indians sent with him had it been possible
+ to make provision for them. I agree with the Secretary of the
+ Interior in saying that "the result of this interesting experiment,
+ if favorable, may be destined to become an important factor in the
+ advancement of civilization among the Indians."
+</p>
+<p>
+ The question whether a change in the control of the Indian service
+ should be made was at the last session of Congress referred to a
+ committee for inquiry and report. Without desiring to anticipate
+ that report, I venture to express the hope that in the decision of so
+ important a question the views expressed above may not be lost sight
+ of, and that the decision, whatever it may be, will arrest further
+ agitation of this subject, such agitation being apt to produce
+ a disturbing effect upon the service, as well as on the Indians
+ themselves.
+</p>
+<p>
+ In the enrollment of the bill making appropriations for sundry civil
+ expenses, at the last session of Congress, that portion which provided
+ for the continuation of the Hot Springs Commission was omitted. As
+ the commission had completed the work of taking testimony on the many
+ conflicting claims, the suspension of their labors, before determining
+ the rights of claimants, threatened for a time to embarrass the
+ interests, not only of the Government, but also of a large number
+ of the citizens of Hot Springs, who were waiting for final action on
+ their claims before beginning contemplated improvements. In order
+ to prevent serious difficulties, which were apprehended, and at
+ the solicitation of many leading citizens of Hot Springs and others
+ interested in the welfare of the town, the Secretary of the Interior
+ was authorized to request the late commissioners to take charge of
+ the records of their proceedings and to perform such work as could
+ properly be done by them under such circumstances to facilitate the
+ future adjudication of the claims at an early day and to preserve
+ the status of the claimants until their rights should be finally
+ determined. The late commissioners complied with that request, and
+ report that the testimony in all the cases has been written out,
+ examined, briefed, and so arranged as to facilitate an early
+ settlement when authorized by law. It is recommended that the
+ requisite authority be given at as early a day in the session
+ as possible, and that a fair compensation be allowed the late
+ commissioners for the expense incurred and the labor performed
+ by them since the 25th of June last.
+</p>
+<p>
+ I invite the attention of Congress to the recommendations made by
+ the Secretary of the Interior with regard to the preservation of the
+ timber on the public lands of the United States. The protection of
+ the public property is one of the first duties of the Government. The
+ Department of the Interior should therefore be enabled by sufficient
+ appropriations to enforce the laws in that respect. But this matter
+ appears still more important as a question of public economy. The
+ rapid destruction of our forests is an evil fraught with the gravest
+ consequences, especially in the mountainous districts, where the rocky
+ slopes, once denuded of their trees, will remain so forever. There
+ the injury, once done, can not be repaired. I fully concur with
+ the Secretary of the Interior in the opinion that for this reason
+ legislation touching the public timber in the mountainous States and
+ Territories of the West should be especially well considered, and
+ that existing laws in which the destruction of the forests is not
+ sufficiently guarded against should be speedily modified. A general
+ law concerning this important subject appears to me to be a matter of
+ urgent public necessity.
+</p>
+<p>
+ From the organization of the Government the importance of encouraging
+ by all possible means the increase of our agricultural productions
+ has been acknowledged and urged upon the attention of Congress and the
+ people as the surest and readiest means of increasing our substantial
+ and enduring prosperity.
+</p>
+<p>
+ The words of Washington are as applicable to-day as when, in his
+ eighth annual message, he said:
+</p>
+<p class="q">
+ It will not be doubted that, with reference either to
+ individual or national welfare, agriculture is of primary
+ importance. In proportion as nations advance in population
+ and other circumstances of maturity this truth becomes more
+ apparent, and renders the cultivation of the soil more and
+ more an object of public patronage. Institutions for promoting
+ it grow up, supported by the public purse; and to what object
+ can it be dedicated with greater propriety? Among the means
+ which have been employed to this end none have been attended
+ with greater success than the establishment of boards
+ (composed of proper characters) charged with collecting and
+ diffusing information, and enabled by premiums and small
+ pecuniary aids to encourage and assist a spirit of discovery
+ and improvement. This species of establishment contributes
+ doubly to the increase of improvement, by stimulating to
+ enterprise and experiment, and by drawing to a common center
+ the results everywhere of individual skill and observation
+ and spreading them thence over the whole nation. Experience
+ accordingly hath shewn that they are very cheap instruments of
+ immense national benefits.
+</p>
+<p>
+ The preponderance of the agricultural over any other interest in the
+ United States entitles it to all the consideration claimed for it by
+ Washington. About one-half of the population of the United States is
+ engaged in agriculture. The value of the agricultural products of the
+ United States for the year 1878 is estimated at $3,000,000,000. The
+ exports of agricultural products for the year 1877, as appears from
+ the report of the Bureau of Statistics, were $524,000,000. The great
+ extent of our country, with its diversity of soil and climate, enables
+ us to produce within our own borders and by our own labor not only the
+ necessaries, but most of the luxuries, that are consumed in civilized
+ countries. Yet, notwithstanding our advantages of soil, climate, and
+ intercommunication, it appears from the statistical statements in the
+ report of the Commissioner of Agriculture that we import annually from
+ foreign lands many millions of dollars worth of agricultural products
+ which could be raised in our own country.
+</p>
+<p>
+ Numerous questions arise in the practice of advanced agriculture
+ which can only be answered by experiments, often costly and sometimes
+ fruitless, which are beyond the means of private individuals and are
+ a just and proper charge on the whole nation for the benefit of the
+ nation. It is good policy, especially in times of depression
+ and uncertainty in other business pursuits, with a vast area of
+ uncultivated, and hence unproductive, territory, wisely opened to
+ homestead settlement, to encourage by every proper and legitimate
+ means the occupation and tillage of the soil. The efforts of
+ the Department of Agriculture to stimulate old and introduce new
+ agricultural industries, to improve the quality and increase the
+ quantity of our products, to determine the value of old or establish
+ the importance of new methods of culture, are worthy of your careful
+ and favorable consideration, and assistance by such appropriations of
+ money and enlargement of facilities as may seem to be demanded by the
+ present favorable conditions for the growth and rapid development of
+ this important interest.
+</p>
+<p>
+ The abuse of animals in transit is widely attracting public attention.
+ A national convention of societies specially interested in the subject
+ has recently met at Baltimore, and the facts developed, both in regard
+ to cruelties to animals and the effect of such cruelties upon the
+ public health, would seem to demand the careful consideration of
+ Congress and the enactment of more efficient laws for the prevention
+ of these abuses.
+</p>
+<p>
+ The report of the Commissioner of the Bureau of Education shows
+ very gratifying progress throughout the country in all the interests
+ committed to the care of this important office. The report is
+ especially encouraging with respect to the extension of the advantages
+ of the common-school system in sections of the country where the
+ general enjoyment of the privilege of free schools is not yet
+ attained.
+</p>
+<p>
+ To education more than to any other agency we are to look as the
+ resource for the advancement of the people in the requisite knowledge
+ and appreciation of their rights and responsibilities as citizens, and
+ I desire to repeat the suggestion contained in my former message in
+ behalf of the enactment of appropriate measures by Congress for
+ the purpose of supplementing with national aid the local systems of
+ education in the several States.
+</p>
+<p>
+ Adequate accommodations for the great library, which is overgrowing
+ the capacity of the rooms now occupied at the Capitol, should be
+ provided without further delay. This invaluable collection of books,
+ manuscripts, and illustrative art has grown to such proportions, in
+ connection with the copyright system of the country, as to demand the
+ prompt and careful attention of Congress to save it from injury in its
+ present crowded and insufficient quarters. As this library is national
+ in its character, and must from the nature of the case increase even
+ more rapidly in the future than in the past, it can not be doubted
+ that the people will sanction any wise expenditure to preserve it and
+ to enlarge its usefulness.
+</p>
+<p>
+ The appeal of the Regents of the Smithsonian Institution for the means
+ to organize, exhibit, and make available for the public benefit the
+ articles now stored away belonging to the National Museum I heartily
+ recommend to your favorable consideration.
+</p>
+<p>
+ The attention of Congress is again invited to the condition of
+ the river front of the city of Washington. It is a matter of vital
+ importance to the health of the residents of the national capital,
+ both temporary and permanent, that the lowlands in front of the city,
+ now subject to tidal overflow, should be reclaimed. In their present
+ condition these flats obstruct the drainage of the city and are a
+ dangerous source of malarial poison. The reclamation will improve the
+ navigation of the river by restricting, and consequently deepening,
+ its channel, and is also of importance when considered in connection
+ with the extension of the public ground and the enlargement of the
+ park west and south of the Washington Monument. The report of the
+ board of survey, heretofore ordered by act of Congress, on
+ the improvement of the harbor of Washington and Georgetown, is
+ respectfully commended to consideration.
+</p>
+<p>
+ The report of the Commissioners of the District of Columbia presents
+ a detailed statement of the affairs of the District.
+</p>
+<p>
+ The relative expenditures by the United States and the District for
+ local purposes is contrasted, showing that the expenditures by the
+ people of the District greatly exceed those of the General Government.
+ The exhibit is made in connection with estimates for the requisite
+ repair of the defective pavements and sewers of the city, which is
+ a work of immediate necessity; and in the same connection a plan is
+ presented for the permanent funding of the outstanding securities of
+ the District.
+</p>
+<p>
+ The benevolent, reformatory, and penal institutions of the District
+ are all entitled to the favorable attention of Congress. The Reform
+ School needs additional buildings and teachers. Appropriations which
+ will place all of these institutions in a condition to become models
+ of usefulness and beneficence will be regarded by the country as
+ liberality wisely bestowed.
+</p>
+<p>
+ The Commissioners, with evident justice, request attention to the
+ discrimination made by Congress against the District in the donation
+ of land for the support of the public schools, and ask that the same
+ liberality that has been shown to the inhabitants of the various
+ States and Territories of the United States may be extended to the
+ District of Columbia.
+</p>
+<p>
+ The Commissioners also invite attention to the damage inflicted upon
+ public and private interests by the present location of the depots and
+ switching tracks of the several railroads entering the city, and ask
+ for legislation looking to their removal. The recommendations and
+ suggestions contained in the report will, I trust, receive the careful
+ consideration of Congress.
+</p>
+<p>
+ Sufficient time has, perhaps, not elapsed since the reorganization
+ of the government of the District under the recent legislation
+ of Congress for the expression of a confident opinion as to its
+ successful operation, but the practical results already attained are
+ so satisfactory that the friends of the new government may well
+ urge upon Congress the wisdom of its continuance, without essential
+ modification, until by actual experience its advantages and defects
+ may be more fully ascertained.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 4, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a declaration respecting trade-marks between the United
+ States and Brazil, concluded and signed at Rio de Janeiro on the 24th
+ day of September last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>December 4, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention revising certain portions of existing
+ commercial treaties and further extending commercial intercourse
+ between the United States and Japan, concluded and signed at
+ Washington on the 25th day of July last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>December 9, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, together
+ with the copies of papers<a href="#note-21"><small>21</small></a> therein referred to, in compliance with
+ the resolution of the Senate of the 27th of May last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>December 16, 1878</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the
+ 5th instant, I transmit herewith a report from the Secretary of State,
+ with its accompanying papers.<a href="#note-22"><small>22</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 17, 1878</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 5th instant,
+ requesting the transmission to the Senate of "any information which
+ may have been received by the Departments concerning postal and
+ commercial intercourse between the United States and South American
+ countries, together with any recommendations desirable to be submitted
+ of measures to be adopted for facilitating and improving such
+ intercourse," I transmit herewith reports from the Secretary of State
+ and the Postmaster-General, with accompanying papers.
+</p>
+<p>
+ The external commerce of the United States has for many years been
+ the subject of solicitude because of the outward drain of the precious
+ metals it has caused. For fully twenty years previous to 1877 the
+ shipment of gold was constant and heavy&mdash;so heavy during the entire
+ period of the suspension of specie payments as to preclude the hope of
+ resumption safely during its continuance. In 1876, however, vigorous
+ efforts were made by enterprising citizens of the country, and have
+ since been continued, to extend our general commerce with foreign
+ lands, especially in manufactured articles, and these efforts have
+ been attended with very marked success.
+</p>
+<p>
+ The importation of manufactured goods was at the same time reduced in
+ an equal degree, and the result has been an extraordinary reversal
+ of the conditions so long prevailing and a complete cessation of
+ the outward drain of gold. The official statement of the values
+ represented in foreign commerce will show the unprecedented magnitude
+ to which the movement has attained, and the protection thus secured to
+ the public interests at the time when commercial security has become
+ indispensable.
+</p>
+<p>
+ The agencies through which this change has been effected must be
+ maintained and strengthened if the future is to be made secure. A
+ return to excessive imports or to a material decline in export trade
+ would render possible a return to the former condition of adverse
+ balances, with the inevitable outward drain of gold as a necessary
+ consequence. Every element of aid to the introduction of the
+ products of our soil and manufactures into new markets should be made
+ available. At present such is the favor in which many of the products
+ of the United States are held that they obtain a remunerative
+ distribution, notwithstanding positive differences of cost resulting
+ from our defective shipping and the imperfection of our arrangements
+ in every respect, in comparison with those of our competitors, for
+ conducting trade with foreign markets.
+</p>
+<p>
+ If we have equal commercial facilities, we need not fear competition
+ anywhere.
+</p>
+<p>
+ The laws have now directed a resumption of financial equality with
+ other nations, and have ordered a return to the basis of coin values.
+ It is of the greatest importance that the commercial condition now
+ fortunately attained shall be made permanent, and that our rapidly
+ increasing export trade shall not be allowed to suffer for want of the
+ ordinary means of communication with other countries.
+</p>
+<p>
+ The accompanying reports contain a valuable and instructive summary of
+ information with respect to our commercial interests in South America,
+ where an inviting field for the enterprise of our people is presented.
+ They are transmitted with the assurance that any measures that may be
+ enacted in furtherance of these important interests will meet with my
+ cordial approval.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 7, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 4th
+ of December last, I transmit herewith a report from the Secretary of
+ State, with its accompanying papers.<a href="#note-23"><small>23</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 13, 1879.</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 3d of June last,
+ requesting a copy of correspondence between this Government and that
+ of Her Britannic Majesty in regard to inviting other maritime powers
+ to accede to the three rules of neutrality laid down in Article VI
+ of the treaty of May 8, 1871, I transmit herewith a report of the
+ Secretary of State, together with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 20, 1879.</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 17th of June last,
+ requesting the Commissioner of Agriculture to send to the Senate
+ certain reports on sheep husbandry, copies of the same, with
+ accompanying papers, received from the Commissioner of Agriculture for
+ this purpose, are herewith transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 20, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to resolution of the House of Representatives of the 16th
+ instant, requesting the Commissioner of Agriculture to forward to the
+ House any facts or statistics in his office on the subject of forestry
+ not heretofore reported, copies of the same, with accompanying
+ papers, received from the Commissioner for this purpose, are herewith
+ transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>January 23, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the 25th of May last, requesting
+ information respecting the claim of Messrs. Carlos Butterfield &amp; Co.
+ against the Government of Denmark, I transmit herewith to the House
+ of Representatives a report of the Secretary of State and its
+ accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 24, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 7th
+ instant, I transmit herewith a report<a href="#note-24"><small>24</small></a> from the Secretary of State,
+ with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 24, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of Congress, copies of
+ a report and accompanying papers received from the Secretary of the
+ Interior, upon a communication addressed to the President of the
+ United States in behalf of a certain claim of the Choctaw Nation
+ arising under the provisions of the Choctaw and Chickasaw treaty of
+ June 22, 1855.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 31, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a letter of the Secretary of the Treasury, in
+ relation to the suspension of the late collector and naval officer of
+ the port of New York, with accompanying documents.
+</p>
+<p>
+ In addition thereto I respectfully submit the following observations:
+</p>
+<p>
+ The custom-house in New York collects more than two-thirds of all the
+ customs revenues of the Government. Its administration is a matter not
+ of local interest merely, but is of great importance to the people
+ of the whole country. For a long period of time it has been used to
+ manage and control political affairs.
+</p>
+<p>
+ The officers suspended by me are and for several years have been
+ engaged in the active personal management of the party politics of
+ the city and State of New York. The duties of the offices held by
+ them have been regarded as of subordinate importance to their partisan
+ work. Their offices have been conducted as part of the political
+ machinery under their control. They have made the custom-house a
+ center of partisan political management. The custom-house should be
+ a business office. It should be conducted on business principles.
+ General James, the postmaster of New York City, writing on this
+ subject, says:
+</p>
+<p>
+ The post-office is a business institution, and should be run as such.
+ It is my deliberate judgment that I and my subordinates can do more
+ for the party of our choice by giving the people of this city a
+ good and efficient postal service than by controlling primaries or
+ dictating nominations.
+</p>
+<p>
+ The New York custom-house should be placed on the same footing
+ with the New York post-office. But under the suspended officers the
+ custom-house would be one of the principal political agencies in the
+ State of New York. To change this, they profess to believe, would be,
+ in the language of Mr. Cornell in his response, "to surrender their
+ personal and political rights."
+</p>
+<p>
+ Convinced that the people of New York and of the country generally
+ wish the New York custom-house to be administered solely with a view
+ to the public interest, it is my purpose to do all in my power
+ to introduce into this great office the reforms which the country
+ desires.
+</p>
+<p>
+ With my information of the facts in the case, and with a deep sense
+ of the responsible obligation imposed upon me by the Constitution "to
+ take care that the laws be faithfully executed," I regard it as
+ my plain duty to suspend the officers in question and to make the
+ nominations now before the Senate, in order that this important office
+ may be honestly and efficiently administered.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 6, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the information of Congress, a report from
+ the Secretary of State, with the accompanying papers therein referred
+ to, in relation to the proceedings of the International Monetary
+ Conference held at Paris in August, 1878.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 8, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of Congress, the report of
+ the commission appointed under the provisions of the act approved
+ May 3, 1878, entitled "An act authorizing the President of the United
+ States to make certain negotiations with the Ute Indians in the
+ State of Colorado," with copies of letters from the Secretary of the
+ Interior and the Commissioner of Indian Affairs, and accompanying
+ documents.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>February 15, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith report from the Secretary of State, and
+ accompanying papers, in relation to proceedings of the International
+ Prison Congress of Stockholm, held in August last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, D.C., <i>February 18, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, dated the
+ 17th instant, in relation to the destruction of the bark <i>Forest
+ Belle</i> in Chinese waters in March last, submitted in compliance with
+ the resolution of the House of Representatives of February 4, 1879.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 21, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ Referring to my communication to Congress under date of the 8th
+ instant, transmitting the report of the commission appointed under the
+ act entitled "An act authorizing the President of the United States
+ to make certain negotiations with the Ute Indians in the State of
+ Colorado," I submit herewith a copy of a letter from the Secretary of
+ the Interior and additional papers upon the same subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 28, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, with its
+ accompanying papers, submitted in pursuance of a resolution of the
+ Senate of the 20th instant, in relation to railroads in Mexico.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 3, 1879.</i>
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have received from the United States Centennial Commission their
+ final report, presenting a full exhibit of the result of the United
+ States Centennial Celebration and Exhibition of 1876, as required by
+ the act of June 1, 1872.
+</p>
+<p>
+ In transmitting this report for the consideration of Congress, I
+ express, I believe, the general judgment of the country, as well as my
+ own, in assigning to this exhibition a measure of success gratifying
+ to the pride and patriotism of our people and full of promise to the
+ great industrial and commercial interests of the nation. The very
+ ample and generous contributions which the foreign nations made to
+ the splendor and usefulness of the exhibition and the cordiality with
+ which their representatives took part in our national commemoration
+ deserve our profound acknowledgments. At this close of the great
+ services rendered by the United States Centennial Commission and the
+ Centennial board of finance, it gives me great pleasure to commend
+ to your attention and that of the people of the whole country the
+ laborious, faithful, and prosperous performances of their duties which
+ have marked the administration of their respective trusts.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>March 1, 1879.</i>
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After a very careful consideration of House bill 2423, entitled "An
+ act to restrict the immigration of Chinese to the United States,"
+ I herewith return it to the House of Representatives, in which it
+ originated, with my objections to its passage.
+</p>
+<p>
+ The bill, as it was sent to the Senate from the House of
+ Representatives, was confined in its provisions to the object named
+ in its title, which is that of "An act to restrict the immigration of
+ Chinese to the United States." The only means adopted to secure the
+ proposed object was the limitation on the number of Chinese passengers
+ which might be brought to this country by any one vessel to fifteen;
+ and as this number was not fixed in any proportion to the size
+ or tonnage of the vessel or by any consideration of the safety or
+ accommodation of these passengers, the simple purpose and effect of
+ the enactment were to repress this immigration to an extent falling
+ but little short of its absolute exclusion.
+</p>
+<p>
+ The bill, as amended in the Senate and now presented to me, includes
+ an independent and additional provision which aims at and in terms
+ requires the abrogation by this Government of Articles V and VI of the
+ treaty with China commonly called the Burlingame treaty, through the
+ action of the Executive enjoined by this provision of the act.
+</p>
+<p>
+ The Burlingame treaty, of which the ratifications were exchanged at
+ Peking November 23, 1869, recites as the occasion and motive of its
+ negotiation by the two Governments that "since the conclusion of the
+ treaty between the United States of America and the Ta Tsing Empire
+ (China) of the 18th of June, 1858, circumstances have arisen showing
+ the necessity of additional articles thereto," and proceeds to
+ an agreement as to said additional articles. These negotiations,
+ therefore, ending by the signature of the additional articles July
+ 28, 1868, had for their object the completion of our treaty rights
+ and obligations toward the Government of China by the incorporation
+ of these new articles as thenceforth parts of the principal treaty
+ to which they are made supplemental. Upon the settled rules of
+ interpretation applicable to such supplemental negotiations the text
+ of the principal treaty and of these "additional articles thereto"
+ constitute one treaty from the conclusion of the new negotiations, in
+ all parts of equal and concurrent force and obligation between the
+ two Governments, and to all intents and purposes as if embraced in one
+ instrument.
+</p>
+<p>
+ The principal treaty, of which the ratifications were exchanged August
+ 16, 1859, recites that "the United States of America and the Ta Tsing
+ Empire, desiring to maintain firm, lasting, and sincere friendship,
+ have resolved to renew, in a manner clear and positive, by means of a
+ treaty or general convention of peace, amity, and commerce, the rules
+ which shall in future be mutually observed in the intercourse of their
+ respective countries," and proceeds in its thirty articles to lay out
+ a careful and comprehensive system for the commercial relations of our
+ people with China. The main substance of all the provisions of this
+ treaty is to define and secure the rights of our people in respect
+ of access to, residence and protection in, and trade with China. The
+ actual provisions in our favor in these respects were framed to be,
+ and have been found to be, adequate and appropriate to the interests
+ of our commerce, and by the concluding article we receive the
+ important guaranty that&mdash;
+</p>
+<p class="q">
+ Should at any time the Ta Tsing Empire grant to any nation, or the
+ merchants or citizens of any nation, any right, privilege, or favor,
+ connected either with navigation, commerce, political or other
+ intercourse, which is not conferred by this treaty, such right,
+ privilege, and favor shall at once freely inure to the benefit of
+ the United States, its public officers, merchants, and citizens.
+</p>
+<p>
+ Against this body of stipulations in our favor and this permanent
+ engagement of equality in respect of all future concessions to foreign
+ nations the general promise of permanent peace and good offices on
+ our part seems to be the only equivalent. For this the first article
+ undertakes as follows:
+</p>
+<p class="q">
+ There shall be, as there have always been, peace and friendship
+ between the United States of America and the Ta Tsing Empire, and
+ between their people respectively. They shall not insult or oppress
+ each other for any trifling cause, so as to produce an estrangement
+ between them; and if any other nation should act unjustly or
+ oppressively, the United States will exert their good offices, on
+ being informed of the case, to bring about an amicable arrangement
+ of the question, thus showing their friendly feelings.
+</p>
+<p>
+ At the date of the negotiation of this treaty our Pacific possessions
+ had attracted a considerable Chinese emigration, and the advantages
+ and the inconveniences felt or feared therefrom had become more or
+ less manifest; but they dictated no stipulations on the subject to be
+ incorporated in the treaty. The year 1868 was marked by the striking
+ event of a spontaneous embassy from the Chinese Empire, headed by
+ an American citizen, Anson Burlingame, who had relinquished his
+ diplomatic representation of his own country in China to assume that
+ of the Chinese Empire to the United States and the European nations.
+ By this time the facts of the Chinese immigration and its nature and
+ influences, present and prospective, had become more noticeable and
+ were more observed by the population immediately affected and by this
+ Government. The principal feature of the Burlingame treaty was its
+ attention to and its treatment of the Chinese immigration and the
+ Chinese as forming, or as they should form, a part of our population.
+ Up to this time our uncovenanted hospitality to immigration, our
+ fearless liberality of citizenship, our equal and comprehensive
+ justice to all inhabitants, whether they abjured their foreign
+ nationality or not, our civil freedom, and our religious toleration
+ had made all comers welcome, and under these protections the Chinese
+ in considerable numbers had made their lodgment upon our soil.
+</p>
+<p>
+ The Burlingame treaty undertakes to deal with this situation, and its
+ fifth and sixth articles embrace its most important provisions in this
+ regard and the main stipulations in which the Chinese Government has
+ secured an obligatory protection of its subjects within our territory.
+ They read as follows:
+</p>
+<p class="q">
+ ART. V. The United States of America and the Emperor of China
+ cordially recognize the inherent and inalienable right of man to
+ change his home and allegiance, and also the mutual advantage of
+ the free migration and emigration of their citizens and subjects
+ respectively from the one country to the other for purposes of
+ curiosity, of trade, or as permanent residents. The high contracting
+ parties therefore join in reprobating any other than an entirely
+ voluntary emigration for these purposes. They consequently agree to
+ pass laws making it a penal offense for a citizen of the United States
+ or Chinese subjects to take Chinese subjects either to the United
+ States or to any other foreign country, or for a Chinese subject or
+ citizen of the United States to take citizens of the United States
+ to China or to any other foreign country, without their free and
+ voluntary consent, respectively.
+</p><p class="q">
+ ART. VI. Citizens of the United States visiting or residing in China
+ shall enjoy the same privileges, immunities, or exemptions in respect
+ to travel or residence as may there be enjoyed by the citizens or
+ subjects of the most favored nation, and, reciprocally, Chinese
+ subjects visiting or residing in the United States shall enjoy the
+ same privileges, immunities, and exemptions in respect to travel or
+ residence as may there be enjoyed by the citizens or subjects of the
+ most favored nation. But nothing herein contained shall be held to
+ confer naturalization upon citizens of the United States in China,
+ nor upon the subjects of China in the United States.
+</p>
+<p>
+ An examination of these two articles in the light of the experience
+ then influential in suggesting their "necessity" will show that the
+ fifth article was framed in hostility to what seemed the principal
+ mischief to be guarded against, to wit, the introduction of Chinese
+ laborers by methods which should have the character of a forced and
+ servile importation, and not of a voluntary emigration of freemen
+ seeking our shores upon motives and in a manner consonant with the
+ system of our institutions and approved by the experience of the
+ nation. Unquestionably the adhesion of the Government of China to
+ these liberal principles of freedom in emigration, with which we were
+ so familiar and with which we were so well satisfied, was a great
+ advance toward opening that Empire to our civilization and religion,
+ and gave promise in the future of greater and greater practical
+ results in the diffusion throughout that great population of our arts
+ and industries, our manufactures, our material improvements, and the
+ sentiments of government and religion which seem to us so important to
+ the welfare of mankind. The first clause of this article secures this
+ acceptance by China of the American doctrines of free migration to and
+ fro among the peoples and races of the earth.
+</p>
+<p>
+ The second clause, however, in its reprobation of "any other than an
+ entirely voluntary emigration" by both the high contracting parties,
+ and in the reciprocal obligations whereby we secured the solemn and
+ unqualified engagement on the part of the Government of China "to pass
+ laws making it a penal offense for a citizen of the United States or
+ Chinese subjects to take Chinese subjects either to the United States
+ or to any other foreign country without their free and voluntary
+ consent," constitutes the great force and value of this article. Its
+ importance both in principle and in its practical service toward our
+ protection against servile importation in the guise of immigration can
+ not be overestimated. It commits the Chinese Government to active and
+ efficient measures to suppress this iniquitous system, where those
+ measures are most necessary and can be most effectual. It gives to
+ this Government the footing of a treaty right to such measures and
+ the means and opportunity of insisting upon their adoption and
+ of complaint and resentment at their neglect. The fifth article,
+ therefore, if it fall short of what the pressure of the later
+ experience of our Pacific States may urge upon the attention of this
+ Government as essential to the public welfare, seems to be in the
+ right direction and to contain important advantages which once
+ relinquished can not be easily recovered.
+</p>
+<p>
+ The second topic which interested the two Governments under the actual
+ condition of things which prompted the Burlingame treaty was adequate
+ protection, under the solemn and definite guaranties of a treaty,
+ of the Chinese already in this country and those who should seek
+ our shores. This was the object, and forms the subject of the sixth
+ article, by whose reciprocal engagement the citizens and subjects of
+ the two Governments, respectively, visiting or residing in the
+ country of the other are secured the same privileges, immunities,
+ or exemptions there enjoyed by the citizens or subjects of the most
+ favored nations. The treaty of 1858, to which these articles are made
+ supplemental, provides for a great amount of privilege and protection,
+ both of person and property, to American citizens in China, but it is
+ upon this sixth article that the main body of the treaty rights
+ and securities of the Chinese already in this country depends. Its
+ abrogation, were the rest of the treaty left in force, would leave
+ them to such treatment as we should voluntarily accord them by our
+ laws and customs. Any treaty obligation would be wanting to restrain
+ our liberty of action toward them, or to measure or sustain the right
+ of the Chinese Government to complaint or redress in their behalf.
+</p>
+<p>
+ The lapse of ten years since the negotiation of the Burlingame treaty
+ has exhibited to the notice of the Chinese Government, as well as to
+ our own people, the working of this experiment of immigration in great
+ numbers of Chinese laborers to this country, and their maintenance
+ here of all the traits of race, religion, manners, and customs,
+ habitations, mode of life, segregation here, and the keeping up of
+ the ties of their original home, which stamp them as strangers and
+ sojourners, and not as incorporated elements of our national life and
+ growth. This experience may naturally suggest the reconsideration of
+ the subject as dealt with by the Burlingame treaty, and may properly
+ become the occasion of more and circumspect recognition, in renewed
+ negotiations, of the difficulties surrounding this political and
+ social problem. It may well be that, to the apprehension of the
+ Chinese Government no less than our own, the simple provisions of the
+ Burlingame treaty may need to be replaced by more careful methods,
+ securing the Chinese and ourselves against a larger and more rapid
+ infusion of this foreign race than our system of industry and
+ society can take up and assimilate with ease and safety. This ancient
+ Government, ruling a polite and sensitive people, distinguished by
+ a high sense of national pride, may properly desire an adjustment of
+ their relations with us which would in all things confirm and in no
+ degree endanger the permanent peace and amity and the growing commerce
+ and prosperity which it has been the object and the effect of our
+ existing treaties to cherish and perpetuate.
+</p>
+<p>
+ I regard the very grave discontents of the people of the Pacific
+ States with the present working of the Chinese immigration, and their
+ still graver apprehensions therefrom in the future, as deserving
+ the most serious attention of the people of the whole country and a
+ solicitous interest on the part of Congress and the Executive. If this
+ were not my own judgment, the passage of this bill by both Houses of
+ Congress would impress upon me the seriousness of the situation, when
+ a majority of the representatives of the people of the whole country
+ had thought fit to justify so serious a measure of relief.
+</p>
+<p>
+ The authority of Congress to terminate a treaty with a foreign power
+ by expressing the will of the nation no longer to adhere to it is
+ as free from controversy under our Constitution as is the further
+ proposition that the power of making new treaties or modifying
+ existing treaties is not lodged by the Constitution in Congress, but
+ in the President, by and with the advice and consent of the Senate, as
+ shown by the concurrence of two-thirds of that body. A denunciation of
+ a treaty by any government is confessedly justifiable only upon some
+ reason both of the highest justice and of the highest necessity. The
+ action of Congress in the matter of the French treaties in 1798, if
+ it be regarded as an abrogation by this nation of a subsisting treaty,
+ strongly illustrates the character and degree of justification which
+ was then thought suitable to such a proceeding. The preamble of the
+ act recites that the&mdash;
+</p>
+<p class="q">
+ Treaties concluded between the United States and France have been
+ repeatedly violated on the part of the French Government, and the
+ just claims of the United States for reparation of the injuries
+ so committed have been refused, and their attempts to negotiate an
+ amicable adjustment of all complaints between the two nations have
+ been repelled with indignity.
+</p>
+<p>
+ And that&mdash;
+</p>
+<p class="q">
+ Under authority of the French Government there is yet pursued against
+ the United States a system of predatory violence, infracting the said
+ treaties and hostile to the rights of a free and independent nation.
+</p>
+<p>
+ The enactment, as a logical consequence of these recited facts,
+ declares&mdash;
+</p>
+<p class="q">
+ That the United States are of right freed and exonerated from the
+ stipulations of the treaties and of the consular convention heretofore
+ concluded between the United States and France, and that the same
+ shall not henceforth be regarded as legally obligatory on the
+ Government or citizens of the United States.
+</p>
+<p>
+ The history of the Government shows no other instance of an abrogation
+ of a treaty by Congress.
+</p>
+<p>
+ Instances have sometimes occurred where the ordinary legislation
+ of Congress has, by its conflict with some treaty obligation of the
+ Government toward a foreign power, taken effect as an <i>infraction</i>
+ of the treaty, and been judicially declared to be operative to that
+ result; but neither such legislation nor such judicial sanction of the
+ same has been regarded as an <i>abrogation</i>, even for the moment, of
+ the treaty. On the contrary, the treaty in such case still subsists
+ between the governments, and the casual infraction is repaired by
+ appropriate satisfaction in maintenance of the treaty.
+</p>
+<p>
+ The bill before me does not enjoin upon the President the abrogation
+ of the entire Burlingame treaty, much less of the principal treaty of
+ which it is made the supplement. As the power of modifying an existing
+ treaty, whether by adding or striking out provisions, is a part of
+ the treaty-making power under the Constitution, its exercise is not
+ competent for Congress, nor would the assent of China to this partial
+ abrogation of the treaty make the action of Congress in thus procuring
+ an amendment of a treaty a competent exercise of authority under the
+ Constitution. The importance, however, of this special consideration
+ seems superseded by the principle that a denunciation of a part of a
+ treaty not made by the terms of the treaty itself separable from
+ the rest is a denunciation of the whole treaty. As the other high
+ contracting party has entered into no treaty obligations except such
+ as include the part denounced, the denunciation by one party of the
+ part necessarily liberates the other party from the whole treaty.
+</p>
+<p>
+ I am convinced that, whatever urgency might in any quarter or by any
+ interest be supposed to require an instant suppression of further
+ immigration from China, no reasons can require the immediate
+ withdrawal of our treaty protection of the Chinese already in this
+ country, and no circumstances can tolerate an exposure of our citizens
+ in China, merchants or missionaries, to the consequences of so sudden
+ an abrogation of their treaty protection. Fortunately, however, the
+ actual recession in the flow of the emigration from China to the
+ Pacific Coast, shown by trustworthy statistics, relieves us from any
+ apprehension that the treatment of the subject in the proper course of
+ diplomatic negotiations will introduce any new features of discontent
+ or disturbance among the communities directly affected. Were such
+ delay fraught with more inconveniences than have ever been suggested
+ by the interests most earnest in promoting this legislation, I can not
+ but regard the summary disturbance of our existing treaties with
+ China as greatly more inconvenient to much wider and more permanent
+ interests of the country.
+</p>
+<p>
+ I have no occasion to insist upon the more general considerations of
+ interest and duty which sacredly guard the faith of the nation, in
+ whatever form of obligation it may have been given. These sentiments
+ animate the deliberations of Congress and pervade the minds of our
+ whole people. Our history gives little occasion for any reproach in
+ this regard; and in asking the renewed attention of Congress to this
+ bill I am persuaded that their action will maintain the public duty
+ and the public honor.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the final adjournment of the Forty-fifth Congress without
+ making the usual and necessary appropriations for the legislative,
+ executive, and judicial expenses of the Government for the fiscal
+ year ending June 30, 1880, and without making the usual and necessary
+ appropriations for the support of the Army for the same fiscal year,
+ presents an extraordinary occasion requiring the President to exercise
+ the power vested in him by the Constitution to convene the Houses
+ of Congress in anticipation of the day fixed by law for their next
+ meeting:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do, by virtue of the power to this end in me vested by the
+ Constitution, convene both Houses of Congress to assemble at their
+ respective chambers at 12 o'clock noon on Tuesday, the 18th day of
+ March instant, then and there to consider and determine such measures
+ as in their wisdom their duty and the welfare of the people may seem
+ to demand.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 4th day of March, A.D. 1879, and
+ of the Independence of the United States of America the one hundred
+ and third.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL SESSION MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>March 19, 1879</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives:</i>
+</p>
+<p>
+ The failure of the last Congress to make the requisite appropriations
+ for legislative and judicial purposes, for the expenses of the several
+ Executive Departments of the Government, and for the support of
+ the Army has made it necessary to call a special session of the
+ Forty-sixth Congress.
+</p>
+<p>
+ The estimates of the appropriations needed which were sent to Congress
+ by the Secretary of the Treasury at the opening of the last session
+ are renewed, and are herewith transmitted to both the Senate and the
+ House of Representatives.
+</p>
+<p>
+ Regretting the existence of the emergency which requires a special
+ session of Congress at a time when it is the general judgment of the
+ country that the public welfare will be best promoted by permanency in
+ our legislation and by peace and rest, I commend these few necessary
+ measures to your considerate attention.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>March 20, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 3d instant,
+ calling for the reports of Gustavus Goward on the Samoan Islands,
+ I transmit herewith a report from the Secretary of State, with the
+ accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>April 18, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with a resolution of the Senate of the 15th instant, I
+ transmit herewith a copy of the report of the commission appointed by
+ the President on the 15th of March, 1872, relating to the different
+ interoceanic canal surveys and the practicability of the construction
+ of a ship canal across this continent.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 15, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 7th instant,
+ requesting information in reference to an alleged occupation of a
+ portion of the Indian Territory by white settlers, etc., I transmit
+ herewith a copy of my proclamation dated April 26, 1879;<a href="#note-25"><small>25</small></a> also
+ copies of the correspondence and papers on file and of record in the
+ Department of the Interior and the War Department touching the subject
+ of the resolution.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 26, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 14th instant,
+ I transmit herewith a communication<a href="#note-26"><small>26</small></a> from the Secretary of the
+ Interior and accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 5, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith the "proceedings and report" of the board of
+ officers convened by Special Orders, No. 78, Headquarters of the
+ Army, Washington, April 12, 1878, in the case of Fitz John Porter. The
+ report of the board was made in March last, but the official record of
+ the proceedings did not reach me until the 3d instant.
+</p>
+<p>
+ I have given to this report such examination as satisfies me that
+ I ought to lay the proceedings and conclusions of the board before
+ Congress. As I am without power, in the absence of legislation, to act
+ upon the recommendations of the report further than by submitting the
+ same to Congress, the proceedings and conclusions of the board are
+ transmitted for the information of Congress and such action as in your
+ wisdom shall seem expedient and just.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June 13, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, in compliance with the resolution of the House
+ of Representatives of the 29th ultimo, a report of the Secretary of
+ State relative to the steps taken by this Government to promote the
+ establishment of an interoceanic canal across or near the Isthmus of
+ Darien.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>June 23, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate a report from the Secretary
+ of State, in response to a resolution of that body of the 20th
+ instant, calling for the proceedings and accompanying papers of
+ the International Silver Conference held in Paris in 1878.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 30, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ The bill making provision for the payment of the fees of United States
+ marshals and their general deputies, which I have this day returned
+ to the House of Representatives, in which it originated, with my
+ objections,<a href="#note-27"><small>27</small></a> having upon its reconsideration by that body failed
+ to become a law, I respectfully call your attention to the immediate
+ necessity of making some adequate provision for the due and efficient
+ execution by the marshals and deputy marshals of the United States of
+ the constant and important duties enjoined upon them by the existing
+ laws. All appropriations to provide for the performance of these
+ indispensable duties expire to-day. Under the laws prohibiting public
+ officers from involving the Government in contract liabilities beyond
+ actual appropriations, it is apparent that the means at the disposal
+ of the executive department for executing the laws through the
+ regular ministerial officers will after to-day be left inadequate. The
+ suspension of these necessary functions in the orderly administration
+ of the first duties of government for the shortest period is
+ inconsistent with the public interests, and at any moment may prove
+ inconsistent with the public safety.
+</p>
+<p>
+ It is impossible for me to look without grave concern upon a state of
+ things which will leave the public service thus unprovided for and
+ the public interests thus unprotected, and I earnestly urge upon your
+ attention the necessity of making immediate appropriations for the
+ maintenance of the service of the marshals and deputy marshals for the
+ fiscal year which commences to-morrow.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>July 1, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 28th June, 1879,
+ requesting a copy of any correspondence which may have passed between
+ the Department of State and the Republic of Mexico in regard to the
+ proposed Austin-Topolovampo Railroad survey across the northern States
+ of that country, I transmit herewith the report of the Secretary of
+ State upon the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>April 29, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have maturely considered the important questions presented by the
+ bill entitled "An act making appropriations for the support of
+ the Army for the fiscal year ending June 30, 1880, and for other
+ purposes," and I now return it to the House of Representatives, in
+ which it originated, with my objections to its approval.
+</p>
+<p>
+ The bill provides in the usual form for the appropriations required
+ for the support of the Army during the next fiscal year. If it
+ contained no other provisions, it would receive my prompt approval. It
+ includes, however, further legislation, which, attached, as it is, to
+ appropriations which are requisite for the efficient performance
+ of some of the most necessary duties of the Government, involves
+ questions of the gravest character. The sixth section of the bill is
+ amendatory of the statute now in force in regard to the authority of
+ persons in the civil, military, and naval service of the United States
+ "at the place where any general or special election is held in any
+ State." This statute was adopted February 25, 1865, after a protracted
+ debate in the Senate, and almost without opposition in the House
+ of Representatives, by the concurrent votes of both of the leading
+ political parties of the country, and became a law by the approval of
+ President Lincoln. It was reenacted in 1874 in the Revised Statutes of
+ the United States, sections 2002 and 5528, which are as follows:
+</p>
+<p class="q">
+ SEC. 2002. No military or naval officer, or other person
+ engaged in the civil, military, or naval service of the United
+ States, shall order, bring, keep, or have under his authority
+ or control any troops or armed men at the place where any
+ general or special election is held in any State, unless it be
+ necessary to repel the armed enemies of the United States or
+ to keep the peace at the polls.
+</p><p class="q">
+ SEC. 5528. Every officer of the Army or Navy, or other person
+ in the civil, military, or naval service of the United States,
+ who orders, brings, keeps, or has under his authority or
+ control any troops or armed men at any place where a general
+ or special election is held in any State, unless such force
+ be necessary to repel armed enemies of the United States or
+ to keep the peace at the polls, shall be fined not more than
+ $5,000 and surfer imprisonment at hard labor not less than
+ three months nor more than five years.
+</p>
+<p>
+ The amendment proposed to this statute in the bill before me omits
+ from both of the foregoing sections the words "or to keep the peace
+ at the polls," The effect of the adoption of this amendment may be
+ considered&mdash;
+</p>
+<p>
+ First. Upon the right of the United States Government to use military
+ force to keep the peace at the elections for Members of Congress; and
+</p>
+<p>
+ Second. Upon the right of the Government, by civil authority, to
+ protect these elections from violence and fraud.
+</p>
+<p>
+ In addition to the sections of the statute above quoted, the following
+ provisions of law relating to the use of the military power at the
+ elections are now in force:
+</p>
+<p class="q">
+ SEC. 2003. No officer of the Army or Navy of the United States
+ shall prescribe or fix, or attempt to prescribe or fix, by
+ proclamation, order, or otherwise, the qualifications of
+ voters in any State, or in any manner interfere with the
+ freedom of any election in any State, or with the exercise of
+ the free right of suffrage in any State.
+</p><p class="q">
+ SEC. 5529. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order,
+ advice, or otherwise, prevents, or attempts to prevent, any
+ qualified voter of any State from freely exercising the right
+ of suffrage at any general or special election in such State
+ shall be fined not more than $5,000 and imprisoned at hard
+ labor not more than five years.
+</p><p class="q">
+ SEC. 5530. Every officer of the Army or Navy who prescribes
+ or fixes, or attempts to prescribe or fix, whether by
+ proclamation, order, or otherwise, the qualifications of
+ voters at any election in any State shall be punished as
+ provided in the preceding section.
+</p><p class="q">
+ SEC. 5531. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order, or
+ otherwise, compels, or attempts to compel, any officer holding
+ an election in any State to receive a vote from a person not
+ legally qualified to vote, or who imposes, or attempts to
+ impose, any regulations for conducting any general or special
+ election in a State different from those prescribed by law, or
+ who interferes in any manner with any officer of an election
+ in the discharge of his duty, shall be punished as provided in
+ section 5529.
+</p><p class="q">
+ SEC. 5532. Every person convicted of any of the offenses
+ specified in the five preceding sections shall, in addition to
+ the punishments therein severally prescribed, be disqualified
+ from holding any office of honor, profit, or trust under
+ the United States; but nothing in those sections shall be
+ construed to prevent any officer, soldier, sailor, or marine
+ from exercising the right of suffrage in any election district
+ to which he may belong, if otherwise qualified according to
+ the laws of the State in which he offers to vote.
+</p>
+<p>
+ The foregoing enactments would seem to be sufficient to prevent
+ military interference with the elections. But the last Congress, to
+ remove all apprehension of such interference, added to this body of
+ law section 15 of an act entitled "An act making appropriations for
+ the support of the Army for the fiscal year ending June 30, 1879, and
+ for other purposes," approved June 18, 1878, which is as follows:
+</p>
+<p class="q">
+ SEC. 15. From and after the passage of this act it shall not
+ be lawful to employ any part of the Army of the United States,
+ as a <i>posse comitatus</i> or otherwise, for the purpose of
+ executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be
+ expressly authorized by the Constitution or by act of
+ Congress; and no money appropriated by this act shall be used
+ to pay any of the expenses incurred in the employment of any
+ troops in violation of this section; and any person willfully
+ violating the provisions of this section shall be deemed
+ guilty of a misdemeanor, and on conviction thereof shall be
+ punished by fine not exceeding $10,000 or imprisonment not
+ exceeding two years, or by both such fine and imprisonment.
+</p>
+<p>
+ This act passed the Senate, after full consideration, without a single
+ vote recorded against it on its final passage, and, by a majority
+ of more than two-thirds, it was concurred in by the House of
+ Representatives.
+</p>
+<p>
+ The purpose of the section quoted was stated in the Senate by one of
+ its supporters as follows:
+</p>
+<p class="q">
+ Therefore I hope, without getting into any controversy about
+ the past, but acting wisely for the future, that we shall
+ take away the idea that the Army can be used by a general or
+ special deputy marshal, or any marshal, merely for election
+ purposes, as a posse, ordering them about the polls or
+ ordering them anywhere else, when there is an election going
+ on, to prevent disorders or to suppress disturbances that
+ should be suppressed by the peace officers of the State; or,
+ if they must bring others to their aid they should summon the
+ unorganized citizens, and not summon the officers and men of
+ the Army as <i>posse comitatus</i> to quell disorders, and thus
+ get up a feeling which will be disastrous to peace among the
+ people of the country.
+</p>
+<p>
+ In the House of Representatives the object of the act of 1878 was
+ stated by the gentleman who had it in charge in similar terms. He
+ said:
+</p>
+<p class="q">
+ But these are all minor points and insignificant questions
+ compared with the great principle which was incorporated by
+ the House in the bill in reference to the use of the Army
+ in time of peace. The Senate had already conceded what they
+ called and what we might accept as the principle, but they
+ had stricken out the penalty, and had stricken out the word
+ "<i>expressly</i>" so that the Army might be used in all cases
+ where <i>implied</i> authority might be inferred. The House
+ committee planted themselves firmly upon the doctrine that
+ rather than yield this fundamental principle, for which for
+ three years this House had struggled, they would allow
+ the bill to fail, notwithstanding the reforms which we had
+ secured, regarding these reforms as of but little consequence
+ alongside the great principle that the Army of the United
+ States, in time of peace, should be under the control of
+ Congress and obedient to its laws. After a long and protracted
+ negotiation, the Senate committee have conceded that principle
+ in all its length and breadth, including the penalty, which
+ the Senate had stricken out. We bring you back, therefore,
+ a report, with the alteration of a single word, which the
+ lawyers assure me is proper to be made, restoring to this bill
+ the principle for which we have contended so long, and which
+ is so vital to secure the rights and liberties of the people.
+</p>
+<hr>
+<p class="q">
+ Thus have we this day secured to the people of this country
+ the same great protection against a standing army which cost
+ a struggle of two hundred years for the Commons of England to
+ secure for the British people.
+</p>
+<p>
+ From this brief review of the subject it sufficiently appears that
+ under existing laws there can be no military interference with the
+ elections. No case of such interference has, in fact, occurred since
+ the passage of the act last referred to. No soldier of the United
+ States has appeared under orders at any place of election in any
+ State. No complaint even of the presence of United States troops has
+ been made in any quarter. It may therefore be confidently stated
+ that there is no necessity for the enactment of section 6 of the bill
+ before me to prevent military interference with the elections. The
+ laws already in force are all that is required for that end.
+</p>
+<p>
+ But that part of section 6 of this bill which is significant and
+ vitally important is the clause which, if adopted, will deprive the
+ civil authorities of the United States of all power to keep the peace
+ at the Congressional elections. The Congressional elections in every
+ district, in a very important sense, are justly a matter of political
+ interest and concern throughout the whole country. Each State, every
+ political party, is entitled to the share of power which is conferred
+ by the legal and constitutional suffrage. It is the right of every
+ citizen possessing the qualifications prescribed by law to cast one
+ unintimidated ballot and to have his ballot honestly counted. So long
+ as the exercise of this power and the enjoyment of this right are
+ common and equal, practically as well as formally, submission to the
+ results of the suffrage will be accorded loyally and cheerfully, and
+ all the departments of Government will feel the true vigor of the
+ popular will thus expressed.
+</p>
+<p>
+ Two provisions of the Constitution authorize legislation by Congress
+ for the regulation of the Congressional elections.
+</p>
+<p>
+ Section 4 of Article I of the Constitution declares&mdash;
+</p>
+<p class="q">
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+</p>
+<p>
+ The fifteenth amendment of the Constitution is as follows:
+</p>
+<p class="q">
+ SEC. 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.
+</p><p class="q">
+ SEC. 2. The Congress shall have power to enforce this article
+ by appropriate legislation.
+</p>
+<p>
+ The Supreme Court has held that this amendment invests the citizens of
+ the United States with a new constitutional right which is within
+ the protecting power of Congress. That right the court declares to
+ be exemption from discrimination in the exercise of the elective
+ franchise on account of race, color, or previous condition of
+ servitude. The power of Congress to protect this right by appropriate
+ legislation is expressly affirmed by the court.
+</p>
+<p>
+ National legislation to provide safeguards for free and honest
+ elections is necessary, as experience has shown, not only to secure
+ the right to vote to the enfranchised race at the South, but also to
+ prevent fraudulent voting in the large cities of the North. Congress
+ has therefore exercised the power conferred by the Constitution, and
+ has enacted certain laws to prevent discriminations on account of
+ race, color, or previous condition of servitude, and to punish fraud,
+ violence, and intimidation at Federal elections. Attention is called
+ to the following sections of the Revised Statutes of the United
+ States, viz:
+</p>
+<p>
+ Section 2004, which guarantees to all citizens the right to vote,
+ without distinction on account of race, color, or previous condition
+ of servitude.
+</p>
+<p>
+ Sections 2005 and 2006, which guarantee to all citizens equal
+ opportunity, without discrimination, to perform all the acts required
+ by law as a prerequisite or qualification for voting.
+</p>
+<p>
+ Section 2022, which authorizes the United States marshal and
+ his deputies to keep the peace and preserve order at the Federal
+ elections.
+</p>
+<p>
+ Section 2024, which expressly authorizes the United States marshal
+ and his deputies to summon a <i>posse comitatus</i> whenever they or any of
+ them are forcibly resisted in the execution of their duties under the
+ law or are prevented from executing such duties by violence.
+</p>
+<p>
+ Section 5522, which provides for the punishment of the crime of
+ interfering with the supervisors of elections and deputy marshals in
+ the discharge of their duties at the elections of Representatives in
+ Congress.
+</p>
+<p>
+ These are some of the laws on this subject which it is the duty of
+ the executive department of the Government to enforce. The intent and
+ effect of the sixth section of this bill is to prohibit all the civil
+ officers of the United States, under penalty of fine and imprisonment,
+ from employing any adequate civil force for this purpose at the place
+ where their enforcement is most necessary, namely, at the places
+ where the Congressional elections are held. Among the most valuable
+ enactments to which I have referred are those which protect the
+ supervisors of Federal elections in the discharge of their duties at
+ the polls. If the proposed legislation should become the law, there
+ will be no power vested in any officer of the Government to protect
+ from violence the officers of the United States engaged in the
+ discharge of their duties. Their rights and duties under the law will
+ remain, but the National Government will be powerless to enforce its
+ own statutes. The States may employ both military and civil power to
+ keep the peace and to enforce the laws at State elections. It is
+ now proposed to deny to the United States even the necessary civil
+ authority to protect the national elections. No sufficient reason has
+ been given for this discrimination in favor of the State and against
+ the national authority. If well-founded objections exist against the
+ present national election laws, all good citizens should unite in
+ their amendment. The laws providing the safeguards of the elections
+ should be impartial, just, and efficient. They should, if possible,
+ be so nonpartisan and fair in their operation that the minority&mdash;the
+ party out of power&mdash;will have no just grounds to complain. The present
+ laws have in practice unquestionably conduced to the prevention of
+ fraud and violence at the elections. In several of the States members
+ of different political parties have applied for the safeguards which
+ they furnish. It is the right and duty of the National Government to
+ enact and enforce laws which will secure free and fair Congressional
+ elections. The laws now in force should not be repealed except in
+ connection with the enactment of measures which will better accomplish
+ that important end. Believing that section 6 of the bill before me
+ will weaken, if it does not altogether take away, the power of the
+ National Government to protect the Federal elections by the civil
+ authorities, I am forced to the conclusion that it ought not to
+ receive my approval.
+</p>
+<p>
+ This section is, however, not presented to me as a separate and
+ independent measure, but is, as has been stated, attached to the bill
+ making the usual annual appropriations for the support of the Army. It
+ makes a vital change in the election laws of the country, which is in
+ no way connected with the use of the Army. It prohibits, under heavy
+ penalties, any person engaged in the civil service of the United
+ States from having any force at the place of any election, prepared to
+ preserve order, to make arrests, to keep the peace, or in any manner
+ to enforce the laws. This is altogether foreign to the purpose of
+ an Army appropriation bill. The practice of tacking to appropriation
+ bills measures not pertinent to such bills did not prevail until more
+ than forty years after the adoption of the Constitution. It has become
+ a common practice. All parties when in power have adopted it. Many
+ abuses and great waste of public money have in this way crept into
+ appropriation bills. The public opinion of the country is against it.
+ The States which have recently adopted constitutions have generally
+ provided a remedy for the evil by enacting that no law shall contain
+ more than one subject, which shall be plainly expressed in its
+ title. The constitutions of more than half of the States contain
+ substantially this provision. The public welfare will be promoted in
+ many ways by a return to the early practice of the Government and to
+ the true principle of legislation, which requires that every measure
+ shall stand or fall according to its own merits. If it were understood
+ that to attach to an appropriation bill a measure irrelevant to the
+ general object of the bill would imperil and probably prevent its
+ final passage and approval, a valuable reform in the parliamentary
+ practice of Congress would be accomplished. The best justification
+ that has been offered for attaching irrelevant riders to appropriation
+ bills is that it is done for convenience sake, to facilitate the
+ passage of measures which are deemed expedient by all the branches
+ of Government which participate in legislation. It can not be claimed
+ that there is any such reason for attaching this amendment of the
+ election laws to the Army appropriation bill. The history of the
+ measure contradicts this assumption. A majority of the House of
+ Representatives in the last Congress was in favor of section 6 of this
+ bill. It was known that a majority of the Senate was opposed to
+ it, and that as a separate measure it could not be adopted. It was
+ attached to the Army appropriation bill to compel the Senate to
+ assent to it. It was plainly announced to the Senate that the Army
+ appropriation bill would not be allowed to pass unless the proposed
+ amendments of the election laws were adopted with it. The Senate
+ refused to assent to the bill on account of this irrelevant section.
+ Congress thereupon adjourned without passing an appropriation bill for
+ the Army, and the present extra session of the Forty-sixth Congress
+ became necessary to furnish the means to carry on the Government.
+</p>
+<p>
+ The ground upon which the action of the House of Representatives is
+ defended has been distinctly stated by many of its advocates. A week
+ before the close of the last session of Congress the doctrine in
+ question was stated by one of its ablest defenders as follows:
+</p>
+<p class="q">
+ It is our duty to repeal these laws. It is not worth while
+ to attempt the repeal except upon an appropriation bill.
+ The Republican Senate would not agree to nor the Republican
+ President sign a bill for such repeal. Whatever objection to
+ legislation upon appropriation bills may be made in ordinary
+ cases does not apply where free elections and the liberty of
+ the citizens are concerned. * * * We have the power to vote
+ money; let us annex conditions to it, and insist upon the
+ redress of grievances.
+</p>
+<p>
+ By another distinguished member of the House it was said:
+</p>
+<p class="q">
+ The right of the Representatives of the people to withhold
+ supplies is as old as English liberty. History records
+ numerous instances where the Commons, feeling that the people
+ were oppressed by laws that the Lords would not consent
+ to repeal by the ordinary methods of legislation, obtained
+ redress at last by refusing appropriations unless accompanied
+ by relief measures.
+</p>
+<p>
+ That a question of the gravest magnitude, and new in this country, was
+ raised by this course of proceeding, was fully recognized also by its
+ defenders in the Senate. It was said by a distinguished Senator:
+</p>
+<p class="q">
+ Perhaps no greater question, in the form we are brought to
+ consider it, was ever considered by the American Congress
+ in time of peace; for it involves not merely the merits or
+ demerits of the laws which the House bill proposes to repeal,
+ but involves the rights, the privileges, the powers, the
+ duties of the two branches of Congress and of the President
+ of the United States. It is a vast question; it is a question
+ whose importance can scarcely be estimated; it is a question
+ that never yet has been brought so sharply before the American
+ Congress and the American people as it may be now. It is
+ a question which sooner or later must be decided, and the
+ decision must determine what are the powers of the House of
+ Representatives under the Constitution, and what is the duty
+ of that House in the view of the framers of that Constitution,
+ according to its letter and its spirit.
+</p><p class="q">
+ Mr. President, I should approach this question, if I were in
+ the best possible condition to speak and to argue it, with
+ very grave diffidence, and certainly with the utmost anxiety;
+ for no one can think of it as long and as carefully as I have
+ thought of it without seeing that we are at the beginning,
+ perhaps, of a struggle that may last as long in this country
+ as a similar struggle lasted in what we are accustomed to call
+ the mother land. There the struggle lasted for two centuries
+ before it was ultimately decided. It is not likely to last so
+ long here, but it may last until every man in this chamber is
+ in his grave. It is the question whether or no the House of
+ Representatives has a right to say, "We will grant supplies
+ only upon condition that grievances are redressed. We are
+ the representatives of the taxpayers of the Republic. We, the
+ House of Representatives, alone have the right to originate
+ money bills. We, the House of Representatives, have alone the
+ right to originate bills which grant the money of the people.
+ The Senate represents States; we represent the taxpayers
+ of the Republic. We, therefore, by the very terms of the
+ Constitution, are charged with the duty of originating the
+ bills which grant the money of the people. We claim the right,
+ which the House of Commons in England established after two
+ centuries of contest, to say that we will not grant the money
+ of the people unless there is a redress of grievances."
+</p>
+<p>
+ Upon the assembling of this Congress, in pursuance of a call for
+ an extra session, which was made necessary by the failure of the
+ Forty-fifth Congress to make the needful appropriations for the
+ support of the Government, the question was presented whether the
+ attempt made in the last Congress to ingraft by construction a new
+ principle upon the Constitution should be persisted in or not. This
+ Congress has ample opportunity and time to pass the appropriation
+ bills, and also to enact any political measures which may be
+ determined upon in separate bills by the usual and orderly methods
+ of proceeding. But the majority of both Houses have deemed it wise to
+ adhere to the principles asserted and maintained in the last Congress
+ by the majority of the House of Representatives. That principle is
+ that the House of Representatives has the sole right to originate
+ bills for raising revenue, and therefore has the right to withhold
+ appropriations upon which the existence of the Government may depend
+ unless the Senate and the President shall give their assent to any
+ legislation which the House may see fit to attach to appropriation
+ bills. To establish this principle is to make a radical, dangerous,
+ and unconstitutional change in the character of our institutions. The
+ various departments of the Government and the Army and the Navy
+ are established by the Constitution or by laws passed in pursuance
+ thereof. Their duties are clearly defined and their support is
+ carefully provided for by law. The money required for this purpose has
+ been collected from the people and is now in the Treasury, ready to
+ be paid out as soon as the appropriation bills are passed. Whether
+ appropriations are made or not, the collection of the taxes will go
+ on. The public money will accumulate in the Treasury. It was not the
+ intention of the framers of the Constitution that any single branch of
+ the Government should have the power to dictate conditions upon
+ which this treasure should be applied to the purpose for which it was
+ collected. Any such intention, if it had been entertained, would have
+ been plainly expressed in the Constitution.
+</p>
+<p>
+ That a majority of the Senate now concurs in the claim of the House
+ adds to the gravity of the situation, but does not alter the
+ question at issue. The new doctrine, if maintained, will result in
+ a consolidation of unchecked and despotic power in the House of
+ Representatives. A bare majority of the House will become the
+ Government. The Executive will no longer be what the framers of
+ the Constitution intended&mdash;an equal and independent branch of the
+ Government. It is clearly the constitutional duty of the President to
+ exercise his discretion and judgment upon all bills presented to him
+ without constraint or duress from any other branch of the Government.
+ To say that a majority of either or both of the Houses of Congress may
+ insist upon the approval of a bill under the penalty of stopping all
+ of the operations of the Government for want of the necessary supplies
+ is to deny to the Executive that share of the legislative power which
+ is plainly conferred by the second section of the seventh article
+ of the Constitution. It strikes from the Constitution the qualified
+ negative of the President. It is said that this should be done
+ because it is the peculiar function of the House of Representatives to
+ represent the will of the people. But no single branch or department
+ of the Government has exclusive authority to speak for the American
+ people. The most authentic and solemn expression of their will
+ is contained in the Constitution of the United States. By that
+ Constitution they have ordained and established a Government whose
+ powers are distributed among coordinate branches, which, as far as
+ possible consistently with a harmonious cooperation, are absolutely
+ independent of each other. The people of this country are unwilling to
+ see the supremacy of the Constitution replaced by the omnipotence of
+ any one department of the Government.
+</p>
+<p>
+ The enactment of this bill into a law will establish a precedent which
+ will tend to destroy the equal independence of the several branches
+ of the Government. Its principle places not merely the Senate and the
+ Executive, but the judiciary also, under the coercive dictation of
+ the House. The House alone will be the judge of what constitutes a
+ grievance, and also of the means and measure of redress. An act of
+ Congress to protect elections is now the grievance complained of; but
+ the House may on the same principle determine that any other act of
+ Congress, a treaty made by the President with the advice and consent
+ of the Senate, a nomination or appointment to office, or that a
+ decision or opinion of the Supreme Court is a grievance, and that the
+ measure of redress is to withhold the appropriations required for the
+ support of the offending branch of the Government.
+</p>
+<p>
+ Believing that this bill is a dangerous violation of the spirit and
+ meaning of the Constitution, I am compelled to return it to the House
+ in which it originated without my approval. The qualified negative
+ with which the Constitution invests the President is a trust that
+ involves a duty which he can not decline to perform. With a firm and
+ conscientious purpose to do what I can to preserve unimpaired the
+ constitutional powers and equal independence, not merely of the
+ Executive, but of every branch of the Government, which will be
+ imperiled by the adoption of the principle of this bill, I desire
+ earnestly to urge upon the House of Representatives a return to the
+ wise and wholesome usage of the earlier days of the Republic, which
+ excluded from appropriation bills all irrelevant legislation. By
+ this course you will inaugurate an important reform in the method of
+ Congressional legislation; your action will be in harmony with the
+ fundamental principles of the Constitution and the patriotic sentiment
+ of nationality which is their firm support, and you will restore to
+ the country that feeling of confidence and security and the
+ repose which are so essential to the prosperity of all of our
+ fellow-citizens.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After a careful consideration of the bill entitled "An act to prohibit
+ military interference at elections," I return it to the House of
+ Representatives, in which it originated, with the following objections
+ to its approval:
+</p>
+<p>
+ In the communication sent to the House of Representatives on the 29th
+ of last month, returning to the House without my approval the bill
+ entitled "An act making appropriations for the support of the Army
+ for the fiscal year ending June 30, 1880, and for other purposes,"
+ I endeavored to show, by quotations from the statutes of the United
+ States now in force and by a brief statement of facts in regard to
+ recent elections in the several States, that no additional legislation
+ was necessary to prevent interference with the elections by the
+ military or naval forces of the United States. The fact was presented
+ in that communication that at the time of the passage of the act of
+ June 18, 1878, in relation to the employment of the Army as a <i>posse
+ comitatus</i> or otherwise, it was maintained by its friends that it
+ would establish a vital and fundamental principle which would secure,
+ to the people protection against a standing army. The fact was also
+ referred to that since the passage of this act Congressional, State,
+ and municipal elections have been held throughout the Union, and
+ that in no instance has complaint been made of the presence of United
+ States soldiers at the polls.
+</p>
+<p>
+ Holding, as I do, the opinion that any military interference whatever
+ at the polls is contrary to the spirit of our institutions and would
+ tend to destroy the freedom of elections, and sincerely desiring to
+ concur with Congress in all of its measures, it is with very great
+ regret that I am forced to the conclusion that the bill before me is
+ not only unnecessary to prevent such interference, but is a dangerous
+ departure from long-settled and important constitutional principles.
+</p>
+<p>
+ The true rule as to the employment of military force at the elections
+ is not doubtful. No intimidation or coercion should be allowed to
+ control or influence citizens in the exercise of their right to vote,
+ whether it appears in the shape of combinations of evil-disposed
+ persons, or of armed bodies of the militia of a State, or of the
+ military force of the United States.
+</p>
+<p>
+ The elections should be free from all forcible interference, and, as
+ far as practicable, from all apprehensions of such interference.
+ No soldiers, either of the Union or of the State militia, should be
+ present at the polls to take the place or to perform the duties of the
+ ordinary civil police force. There has been and will be no violation
+ of this rule under orders from me during this Administration; but
+ there should be no denial of the right of the National Government to
+ employ its military force on any day and at any place in case such
+ employment is necessary to enforce the Constitution and laws of the
+ United States.
+</p>
+<p>
+ The bill before me is as follows:
+</p>
+<p class="q">
+ <i>Be it enacted, etc.</i>, That it shall not be lawful to bring to
+ or employ at any place where a general or special election
+ is being held in a State any part of the Army or Navy of the
+ United States, unless such force be necessary to repel the
+ armed enemies of the United States or to enforce section 4,
+ Article IV, of the Constitution of the United States and
+ the laws made in pursuance thereof, on application of the
+ legislature or executive of the State where such force is to
+ be used; and so much of all laws as is inconsistent herewith
+ is hereby repealed.
+</p>
+<p>
+ It will be observed that the bill exempts from the general prohibition
+ against the employment of military force at the polls two specified
+ cases. These exceptions recognize and concede the soundness of the
+ principle that military force may properly and constitutionally be
+ used at the place of elections when such use is necessary to enforce
+ the Constitution and the laws; but the excepted cases leave the
+ prohibition so extensive and far-reaching that its adoption will
+ seriously impair the efficiency of the executive department of the
+ Government.
+</p>
+<p>
+ The first act expressly authorizing the use of military power to
+ execute the laws was passed almost as early as the organization of
+ the Government under the Constitution, and was approved by President
+ Washington May 2, 1792. It is as follows:
+</p>
+<p class="q">
+ SEC. 2. <i>And be it further enacted</i>, That whenever the laws
+ of the United States shall be opposed or the execution thereof
+ obstructed in any State by combinations too powerful to be
+ suppressed by the ordinary course of judicial proceedings or
+ by the powers vested in the marshals by this act, the same
+ being notified to the President of the United States by an
+ associate justice or the district judge, it shall be lawful
+ for the President of the United States to call forth the
+ militia of such State to suppress such combinations and to
+ cause the laws to be duly executed. And if the militia of a
+ State where such combination may happen shall refuse or be
+ insufficient to suppress the same, it shall be lawful for the
+ President, if the Legislature of the United States be not in
+ session, to call forth and employ such numbers of the militia
+ of any other State or States most convenient thereto as may be
+ necessary; and the use of militia so to be called forth may be
+ continued, if necessary, until the expiration of thirty days
+ after the commencement of the ensuing session.
+</p>
+<p>
+ In 1795 this provision was substantially reenacted in a law which
+ repealed the act of 1792. In 1807 the following act became the law by
+ the approval of President Jefferson:
+</p>
+<p class="q">
+ That in all cases of insurrection or obstruction to the laws,
+ either of the United States or of any individual State or
+ Territory, where it is lawful for the President of the
+ United States to call forth the militia for the purpose of
+ suppressing such insurrection or of causing the laws to be
+ duly executed, it shall be lawful for him to employ for the
+ same purposes such part of the land or naval force of the
+ United States as shall be judged necessary, having first
+ observed all the prerequisites of the law in that respect.
+</p>
+<p>
+ By this act it will be seen that the scope of the law of 1795 was
+ extended so as to authorize the National Government to use not only
+ the militia, but the Army and Navy of the United States, in "causing
+ the laws to be duly executed."
+</p>
+<p>
+ The important provision of the acts of 1792, 1795, and 1807, modified
+ in its terms from time to time to adapt it to the existing emergency,
+ remained in force until, by an act approved by President Lincoln July
+ 29, 1861, it was reenacted substantially in the same language in which
+ it is now found in the Revised Statutes, viz:
+</p>
+<p class="q">
+ SEC. 5298. Whenever, by reason of unlawful obstructions,
+ combinations, or assemblages of persons, or rebellion against
+ the authority of the Government of the United States, it shall
+ become impracticable, in the judgment of the President, to
+ enforce by the ordinary course of judicial proceedings the
+ laws of the United States within any State or Territory, it
+ shall be lawful for the President to call forth the militia of
+ any or all the States and to employ such parts of the land and
+ naval forces of the United States as he may deem necessary
+ to enforce the faithful execution of the laws of the United
+ States or to suppress such rebellion, in whatever State
+ or Territory thereof the laws of the United States may be
+ forcibly opposed or the execution thereof forcibly obstructed.
+</p>
+<p>
+ This ancient and fundamental law has been in force from the foundation
+ of the Government. It is now proposed to abrogate it on certain days
+ and at certain places. In my judgment no fact has been produced which
+ tends to show that it ought to be repealed or suspended for a single
+ hour at any place in any of the States or Territories of the Union.
+ All the teachings of experience in the course of our history are in
+ favor of sustaining its efficiency unimpaired. On every occasion when
+ the supremacy of the Constitution has been resisted and the perpetuity
+ of our institutions imperiled the principle of this statute, enacted
+ by the fathers, has enabled the Government of the Union to maintain
+ its authority and to preserve the integrity of the nation.
+</p>
+<p>
+ At the most critical periods of our history my predecessors in the
+ executive office have relied on this great principle. It was on this
+ principle that President Washington suppressed the whisky rebellion in
+ Pennsylvania in 1794.
+</p>
+<p>
+ In 1806, on the same principle, President Jefferson broke up the Burr
+ conspiracy by issuing "orders for the employment of such force, either
+ of the regulars or of the militia, and by such proceedings of the
+ civil authorities, * * * as might enable them to suppress effectually
+ the further progress of the enterprise." And it was under the same
+ authority that President Jackson crushed nullification in South
+ Carolina and that President Lincoln issued his call for troops to save
+ the Union in 1861. On numerous other occasions of less significance,
+ under probably every Administration, and certainly under the present,
+ this power has been usefully exerted to enforce the laws, without
+ objection by any party in the country, and almost without attracting
+ public attention.
+</p>
+<p>
+ The great elementary constitutional principle which was the foundation
+ of the original statute of 1792, and which has been its essence in
+ the various forms it has assumed since its first adoption, is that the
+ Government of the United States possesses under the Constitution,
+ in full measure, the power of self-protection by its own agencies,
+ altogether independent of State authority, and, if need be, against
+ the hostility of State governments. It should remain embodied in
+ our statutes unimpaired, as it has been from the very origin of the
+ Government. It should be regarded as hardly less valuable or less
+ sacred than a provision of the Constitution itself.
+</p>
+<p>
+ There are many other important statutes containing provisions that are
+ liable to be suspended or annulled at the times and places of
+ holding elections if the bill before me should become a law. I do not
+ undertake to furnish a list of them. Many of them&mdash;perhaps the most of
+ them&mdash;have been set forth in the debates on this measure. They relate
+ to extradition, to crimes against the election laws, to quarantine
+ regulations, to neutrality, to Indian reservations, to the civil
+ rights of citizens, and to other subjects. In regard to them all it
+ may be safely said that the meaning and effect of this bill is to take
+ from the General Government an important part of its power to enforce
+ the laws.
+</p>
+<p>
+ Another grave objection to the bill is its discrimination in favor
+ of the State and against the national authority. The presence or
+ employment of the Army or Navy of the United States is lawful under
+ the terms of this bill at the place where an election is being held in
+ a State to uphold the authority of a State government then and there
+ in need of such military intervention, but unlawful to uphold the
+ authority of the Government of the United States then and there in
+ need of such military intervention. Under this bill the presence or
+ employment of the Army or Navy of the United States would be lawful
+ and might be necessary to maintain the conduct of a State election
+ against the domestic violence that would overthrow it, but would be
+ unlawful to maintain the conduct of a national election against the
+ same local violence that would overthrow it. This discrimination has
+ never been attempted in any previous legislation by Congress, and is
+ no more compatible with sound principles of the Constitution or the
+ necessary maxims and methods of our system of government on occasions
+ of elections than at other times. In the early legislation of 1792
+ and of 1795, by which the militia of the States was the only military
+ power resorted to for the execution of the constitutional powers
+ in support of State or national authority, both functions of the
+ Government were put upon the same footing. By the act of 1807 the
+ employment of the Army and Navy was authorized for the performance of
+ both constitutional duties in the same terms.
+</p>
+<p>
+ In all later statutes on the same subject-matter the same measure of
+ authority to the Government has been accorded for the performance
+ of both these duties. No precedent has been found in any previous
+ legislation, and no sufficient reason has been given for the
+ discrimination in favor of the State and against the national
+ authority which this bill contains.
+</p>
+<p>
+ Under the sweeping terms of the bill the National Government is
+ effectually shut out from the exercise of the right and from the
+ discharge of the imperative duty to use its whole executive power
+ whenever and wherever required for the enforcement of its laws at the
+ places and times when and where its elections are held. The employment
+ of its organized armed forces for any such purpose would be an offense
+ against the law unless called for by, and therefore upon permission
+ of, the authorities of the State in which the occasion arises. What is
+ this but the substitution of the discretion of the State governments
+ for the discretion of the Government of the United States as to the
+ performance of its own duties? In my judgment this is an abandonment
+ of its obligations by the National Government&mdash;a subordination of
+ national authority and an intrusion of State supervision over national
+ duties which amounts, in spirit and tendency, to State supremacy.
+</p>
+<p>
+ Though I believe that the existing statutes are abundantly adequate
+ to completely prevent military interference with the elections in the
+ sense in which the phrase is used in the title of this bill and is
+ employed by the people of this country, I shall find no difficulty in
+ concurring in any additional legislation limited to that object which
+ does not interfere with the indispensable exercise of the powers of
+ the Government under the Constitution and laws.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>
+ MAY 12, 1879.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 29, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After mature consideration of the bill entitled "An act making
+ appropriations for the legislative, executive, and judicial expenses
+ of the Government for the fiscal year ending June 30, 1880, and for
+ other purposes," I herewith return it to the House of Representatives,
+ in which it originated, with the following objections to its approval:
+</p>
+<p>
+ The main purpose of the bill is to appropriate the money required to
+ support during the next fiscal year the several civil departments
+ of the Government. The amount appropriated exceeds in the aggregate
+ $18,000,000.
+</p>
+<p>
+ This money is needed to keep in operation the essential functions of
+ all the great departments of the Government&mdash;legislative, executive,
+ and judicial. If the bill contained no other provisions, no objection
+ to its approval would be made. It embraces, however, a number of
+ clauses, relating to subjects of great general interest, which are
+ wholly unconnected with the appropriations which it provides for.
+ The objections to the practice of tacking general legislation to
+ appropriation bills, especially when the object is to deprive a
+ coordinate branch of the Government of its right to the free exercise
+ of its own discretion and judgment touching such general legislation,
+ were set forth in the special message in relation to House bill No. 1,
+ which was returned to the House of Representatives on the 29th of last
+ month. I regret that the objections which were then expressed to this
+ method of legislation have not seemed to Congress of sufficient weight
+ to dissuade from this renewed incorporation of general enactments in
+ an appropriation bill, and that my constitutional duty in respect of
+ the general legislation thus placed before me can not be
+ discharged without seeming to delay, however briefly, the necessary
+ appropriations by Congress for the support of the Government. Without
+ repeating these objections, I respectfully refer to that message for
+ a statement of my views on the principle maintained in debate by the
+ advocates of this bill, viz, that "to withhold appropriations is a
+ constitutional means for the redress" of what the majority of the
+ House of Representatives may regard as "a grievance."
+</p>
+<p>
+ The bill contains the following clauses, viz:
+</p>
+<p class="q">
+ <i>And provided further</i>, That the following sections of the
+ Revised Statutes of the United States, namely, sections 2016,
+ 2018, and 2020, and all of the succeeding sections of said
+ statutes down to and including section 2027, and also section
+ 5522, be, and the same are hereby, repealed; * * * and that
+ all the other sections of the Revised Statutes, and all
+ laws and parts of laws authorizing the appointment of
+ chief supervisors of elections, special deputy marshals of
+ elections, or general deputy marshals having any duties to
+ perform in respect to any election, and prescribing their
+ duties and powers and allowing them compensation, be, and the
+ same are hereby, repealed.
+</p>
+<p>
+ It also contains clauses amending sections 2017, 2019, 2028, and 2031
+ of the Revised Statutes.
+</p>
+<p>
+ The sections of the Revised Statutes which the bill, if approved,
+ would repeal or amend are part of an act approved May 30, 1870, and
+ amended February 28, 1871, entitled "An act to enforce the rights of
+ citizens of the United States to vote in the several States of
+ this Union, and for other purposes." All of the provisions of the
+ above-named acts which it is proposed in this bill to repeal or modify
+ relate to the Congressional elections. The remaining portion of the
+ law, which will continue in force after the enactment of this measure,
+ is that which provides for the appointment, by a judge of the circuit
+ court of the United States, of two supervisors of election in each
+ election district at any Congressional election, on due application
+ of citizens who desire, in the language of the law, "to have such
+ election <i>guarded</i> and <i>scrutinized</i>." The duties of the supervisors
+ will be to attend at the polls at all Congressional elections, and
+ to remain after the polls are open until every vote cast has been
+ counted; but they will "have no authority to make arrests or to
+ perform other duties than to be in the immediate presence of the
+ officers holding the election and to witness all their proceedings,
+ including the counting of the votes and the making of a return
+ thereof." The part of the election law which will be repealed by the
+ approval of this bill includes those sections which give authority
+ to the supervisors of elections "to personally scrutinize, count, and
+ canvass each ballot," and all the sections which confer authority upon
+ the United States marshals and deputy marshals in connection with the
+ Congressional elections. The enactment of this bill will also repeal
+ section 5522 of the criminal statutes of the United States, which was
+ enacted for the protection of United States officers engaged in the
+ discharge of their duties at the Congressional elections. This section
+ protects supervisors and marshals in the performance of their duties
+ by making the obstruction or the assaulting of these officers, or
+ any interference with them, by bribery or solicitation or otherwise,
+ crimes against the United States.
+</p>
+<p>
+ The true meaning and effect of the proposed legislation are plain. The
+ supervisors, with the authority to observe and witness the proceedings
+ at the Congressional elections, will be left, but there will be no
+ power to protect them, or to prevent interference with their duties,
+ or to punish any violation of the law from which their powers are
+ derived. If this bill is approved, only the shadow of the authority of
+ the United States at the national elections will remain; the substance
+ will be gone. The supervision of the elections will be reduced to a
+ mere inspection, without authority on the part of the supervisors to
+ do any act whatever to make the election a fair one. All that will be
+ left to the supervisors is the permission to have such oversight of
+ the elections as political parties are in the habit of exercising
+ without any authority of law, in order to prevent their opponents from
+ obtaining unfair advantages. The object of the bill is to destroy
+ any control whatever by the United States over the Congressional
+ elections.
+</p>
+<p>
+ The passage of this bill has been urged upon the ground that the
+ election of members of Congress is a matter which concerns the States
+ alone; that these elections should be controlled exclusively by
+ the States; that there are and can be no such elections as national
+ elections, and that the existing law of the United States regulating
+ the Congressional elections is without warrant in the Constitution.
+</p>
+<p>
+ It is evident, however, that the framers of the Constitution regarded
+ the election of members of Congress in every State and in every
+ district as in a very important sense justly a matter of political
+ interest and concern to the whole country. The original provision of
+ the Constitution on this subject is as follows (sec. 4, Art. I):
+</p>
+<p class="q">
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+</p>
+<p>
+ A further provision has been since added, which is embraced in the
+ fifteenth amendment. It is as follows:
+</p>
+<p class="q">
+ SEC. 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.
+</p><p class="q">
+ SEC. 2. The Congress shall have power to enforce this article
+ by appropriate legislation.
+</p>
+<p>
+ Under the general provision of the Constitution (sec. 4, Art. I)
+ Congress in 1866 passed a comprehensive law which prescribed full and
+ detailed regulations for the election of Senators by the legislatures
+ of the several States. This law has been in force almost thirteen
+ years. In pursuance of it all the members of the present Senate of the
+ United States hold their seats. Its constitutionality is not called
+ in question. It is confidently believed that no sound argument can
+ be made in support of the constitutionality of national regulation of
+ Senatorial elections which will not show that the elections of members
+ of the House of Representatives may also be constitutionally regulated
+ by the national authority.
+</p>
+<p>
+ The bill before me itself recognizes the principle that the
+ Congressional elections are not State elections, but national
+ elections. It leaves in full force the existing statute under which
+ supervisors are still to be appointed by national authority to
+ "observe and witness" the Congressional elections whenever due
+ application is made by citizens who desire said elections to be
+ "guarded and scrutinized." If the power to supervise in any respect
+ whatever the Congressional elections exists under section 4, Article
+ I, of the Constitution, it is a power which, like every other power
+ belonging to the Government of the United States, is paramount and
+ supreme, and includes the right to employ the necessary means to carry
+ it into effect.
+</p>
+<p>
+ The statutes of the United States which regulate the election of
+ members of the House of Representatives, an essential part of which
+ it is proposed to repeal by this bill, have been in force about eight
+ years. Four Congressional elections have been held under them, two of
+ which were at the Presidential elections of 1872 and 1876. Numerous
+ prosecutions, trials, and convictions have been had in the courts of
+ the United States in all parts of the Union for violations of these
+ laws. In no reported case has their constitutionality been called in
+ question by any judge of the courts of the United States. The validity
+ of these laws is sustained by the uniform course of judicial action
+ and opinion.
+</p>
+<p>
+ If it is urged that the United States election laws are not necessary,
+ an ample reply is furnished by the history of their origin and of
+ their results. They were especially prompted by the investigation and
+ exposure of the frauds committed in the city and State of New York
+ at the elections of 1868. Committees representing both of the leading
+ political parties of the country have submitted reports to the House
+ of Representatives on the extent of those frauds. A committee of the
+ Fortieth Congress, after a full investigation, reached the conclusion
+ that the number of fraudulent votes cast in the city of New York alone
+ in 1868 was not less than 25,000. A committee of the Forty-fourth
+ Congress in their report, submitted in 1877, adopted the opinion that
+ for every 100 actual voters of the city of New York in 1868 108 votes
+ were cast, when in fact the number of lawful votes cast could not
+ have exceeded 88 per cent of the actual voters of the city. By this
+ statement the number of fraudulent votes at that election in the city
+ of New York alone was between thirty and forty thousand. These frauds
+ completely reversed the result of the election in the State of New
+ York, both as to the choice of governor and State officers and as to
+ the choice of electors of President and Vice-President of the United
+ States. They attracted the attention of the whole country. It was
+ plain that if they could be continued and repeated with impunity free
+ government was impossible. A distinguished Senator, in opposing the
+ passage of the election laws, declared that he had "for a long time
+ believed that our form of government was a comparative failure in the
+ larger cities." To meet these evils and to prevent these crimes the
+ United States laws regulating Congressional elections were enacted.
+</p>
+<p>
+ The framers of these laws have not been disappointed in their results.
+ In the large cities, under their provisions, the elections have been
+ comparatively peaceable, orderly, and honest. Even the opponents of
+ these laws have borne testimony to their value and efficiency and to
+ the necessity for their enactment. The committee of the Forty-fourth
+ Congress, composed of members a majority of whom were opposed to these
+ laws, in their report on the New York election of 1876, said:
+</p>
+<p class="q">
+ The committee would commend to other portions of the country
+ and to other cities this remarkable system, developed through
+ the agency of both local and Federal authorities acting in
+ harmony for an honest purpose. In no portion of the world and
+ in no era of time where there has been an expression of the
+ popular will through the forms of law has there been a more
+ complete and thorough illustration of republican institutions.
+ Whatever may have been the previous habit or conduct of
+ elections in those cities, or howsoever they may conduct
+ themselves in the future, this election of 1876 will stand as
+ a monument of what good faith, honest endeavor, legal forms,
+ and just authority may do for the protection of the electoral
+ franchise.
+</p>
+<p>
+ This bill recognizes the authority and duty of the United States
+ to appoint supervisors to guard and scrutinize the Congressional
+ elections, but it denies to the Government of the United States all
+ power to make its supervision effectual. The great body of the people
+ of all parties want free and fair elections. They do not think that
+ a free election means freedom from the wholesome restraints of law or
+ that the place of election should be a sanctuary for lawlessness
+ and crime. On the day of an election peace and good order are more
+ necessary than on any other day of the year. On that day the humblest
+ and feeblest citizens, the aged and the infirm, should be, and should
+ have reason to feel that they are, safe in the exercise of their
+ most responsible duty and their most sacred right as members of
+ society&mdash;their duty and their right to vote. The constitutional
+ authority to regulate the Congressional elections which belongs to the
+ Government of the United States, and which it is necessary to exert
+ to secure the right to vote to every citizen possessing the requisite
+ qualifications, ought to be enforced by appropriate legislation.
+ So far from public opinion in any part of the country favoring any
+ relaxation of the authority of the Government in the protection of
+ elections from violence and corruption, I believe it demands greater
+ vigor both in the enactment and in the execution of the laws framed
+ for that purpose. Any oppression, any partisan partiality, which
+ experience may have shown in the working of existing laws may well
+ engage the careful attention both of Congress and of the Executive,
+ in their respective spheres of duty, for the correction of these
+ mischiefs. As no Congressional elections occur until after the regular
+ session of Congress will have been held, there seems to be no public
+ exigency that would preclude a seasonable consideration at that
+ session of any administrative details that might improve the present
+ methods designed for the protection of all citizens in the complete
+ and equal exercise of the right and power of the suffrage at such
+ elections. But with my views, both of the constitutionality and of the
+ value of the existing laws, I can not approve any measure for their
+ repeal except in connection with the enactment of other legislation
+ which may reasonably be expected to afford wiser and more efficient
+ safeguards for free and honest Congressional elections.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 23, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After careful examination of the bill entitled "An act making
+ appropriations for certain judicial expenses," I return it herewith
+ to the House of Representatives, in which it originated, with the
+ following objections to its approval:
+</p>
+<p>
+ The general purpose of the bill is to provide for certain judicial
+ expenses of the Government for the fiscal year ending June 30, 1880,
+ for which the sum of $2,690,000 is appropriated. These appropriations
+ are required to keep in operation the general functions of the
+ judicial department of the Government, and if this part of the bill
+ stood alone there would be no objection to its approval. It contains,
+ however, other provisions, to which I desire respectfully to ask your
+ attention.
+</p>
+<p>
+ At the present session of Congress a majority of both Houses, favoring
+ a repeal of the Congressional election laws embraced in title 26 of
+ the Revised Statutes, passed a measure for that purpose, as part of
+ a bill entitled "An act making appropriations for the legislative,
+ executive, and judicial expenses of the Government for the fiscal year
+ ending June 30, 1880, and for other purposes." Unable to concur with
+ Congress in that measure, on the 29th of May last I returned the bill
+ to the House of Representatives, in which it originated, without my
+ approval, for that further consideration for which the Constitution
+ provides. On reconsideration the bill was approved by less than
+ two-thirds of the House, and failed to become a law. The election laws
+ therefore remain valid enactments, and the supreme law of the land,
+ binding not only upon all private citizens, but also alike and equally
+ binding upon all who are charged with the duties and responsibilities
+ of the legislative, the executive, and the judicial departments of the
+ Government.
+</p>
+<p>
+ It is not sought by the bill before me to repeal the election laws.
+ Its object is to defeat their enforcement. The last clause of the
+ first section is as follows:
+</p>
+<p class="q">
+ And no part of the money hereby appropriated is appropriated
+ to pay any salaries, compensation, fees, or expenses under
+ or in virtue of title 26 of the Revised Statutes, or of any
+ provision of said title.
+</p>
+<p>
+ Title 26 of the Revised Statutes, referred to in the foregoing clause,
+ relates to the elective franchise, and contains the laws now in force
+ regulating the Congressional elections.
+</p>
+<p>
+ The second section of the bill reaches much further. It is as follows:
+</p>
+<p class="q">
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 of the Revised Statutes of the United
+ States authorizing the appointment or payment of general
+ or special deputy marshals for service in connection with
+ elections or on election day until an appropriation sufficient
+ to meet such contract or pay such liability shall have first
+ been made by law.
+</p>
+<p>
+ This section of the bill is intended to make an extensive and
+ essential change in the existing laws. The following are the
+ provisions of the statutes on the same subject which are now in force:
+</p>
+<p class="q">
+ SEC. 3679. 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.
+</p><p class="q">
+ SEC. 3732. 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.
+</p>
+<p>
+ The object of these sections of the Revised Statutes is plain. It is,
+ first, to prevent any money from being expended unless appropriations
+ have been made therefor, and, second, to prevent the Government from
+ being bound by any contract not previously authorized by law, except
+ for certain necessary purposes in the War and Navy Departments.
+</p>
+<p>
+ Under the existing laws the failure of Congress to make the
+ appropriations required for the execution of the provisions of the
+ election laws would not prevent their enforcement. The right and duty
+ to appoint the general and special deputy marshals which they provide
+ for would still remain, and the executive department of the Government
+ would also be empowered to incur the requisite liability for
+ their compensation. But the second section of this bill contains a
+ prohibition not found in any previous legislation. Its design is to
+ render the election laws inoperative and a dead letter during the
+ next fiscal year. It is sought to accomplish this by omitting to
+ appropriate money for their enforcement and by expressly prohibiting
+ any Department or officer of the Government from incurring any
+ liability under any of the provisions of title 26 of the Revised
+ Statutes authorizing the appointment or payment of general or special
+ deputy marshals for service on election days until an appropriation
+ sufficient to pay such liability shall have first been made.
+</p>
+<p>
+ The President is called upon to give his affirmative approval to
+ positive enactments which in effect deprive him of the ordinary and
+ necessary means of executing laws still left in the statute book
+ and embraced within his constitutional duty to see that the laws are
+ executed. If he approves the bill, and thus gives to such positive
+ enactments the authority of law, he participates in the curtailment
+ of his means of seeing that the law is faithfully executed, while
+ the obligation of the law and of his constitutional duty remains
+ unimpaired.
+</p>
+<p>
+ The appointment of special deputy marshals is not made by the statute
+ a spontaneous act of authority on the part of any executive or
+ judicial officer of the Government, but is accorded as a popular right
+ of the citizens to call into operation this agency for securing the
+ purity and freedom of elections in any city or town having 20,000
+ inhabitants or upward. Section 2021 of the Revised Statutes puts it in
+ the power of any two citizens of such city or town to require of
+ the marshal of the district the appointment of these special deputy
+ marshals. Thereupon the duty of the marshal becomes imperative, and
+ its nonperformance would expose him to judicial mandate or punishment
+ or to removal from office by the President, as the circumstances of
+ his conduct might require. The bill now before me neither revokes this
+ popular right of the citizens, nor relieves the marshal of the duty
+ imposed by law, nor the President of his duty to see that this law is
+ faithfully executed.
+</p>
+<p>
+ I forbear to enter again upon any general discussion of the wisdom
+ and necessity of the election laws or of the dangerous and
+ unconstitutional principle of this bill&mdash;that the power vested in
+ Congress to originate appropriations involves the right to compel the
+ Executive to approve any legislation which Congress may see fit to
+ attach to such bills, under the penalty of refusing the means needed
+ to carry on essential functions of the Government. My views on these
+ subjects have been sufficiently presented in the special messages sent
+ by me to the House of Representatives during their present session.
+ What was said in those messages I regard as conclusive as to my
+ duty in respect to the bill before me. The arguments urged in those
+ communications against the repeal of the election laws and against
+ the right of Congress to deprive the Executive of that separate and
+ independent discretion and judgment which the Constitution confers and
+ requires are equally cogent in opposition to this bill. This
+ measure leaves the powers and duties of the supervisors of elections
+ untouched. The compensation of those officers is provided for under
+ permanent laws, and no liability for which an appropriation is now
+ required would therefore be incurred by their appointment. But the
+ power of the National Government to protect them in the discharge of
+ their duty at the polls would be taken away. The States may employ
+ both civil and military power at the elections, but by this bill even
+ the civil authority to protect Congressional elections is denied to
+ the United States. The object is to prevent any adequate control
+ by the United States over the national elections by forbidding
+ the payment of deputy marshals, the officers who are clothed with
+ authority to enforce the election laws.
+</p>
+<p>
+ The fact that these laws are deemed objectionable by a majority of
+ both Houses of Congress is urged as a sufficient warrant for this
+ legislation.
+</p>
+<p>
+ There are two lawful ways to overturn legislative enactments. One
+ is their repeal; the other is the decision of a competent tribunal
+ against their validity. The effect of this bill is to deprive the
+ executive department of the Government of the means to execute laws
+ which are not repealed, which have not been declared invalid, and
+ which it is therefore the duty of the executive and of every other
+ department of Government to obey and to enforce.
+</p>
+<p>
+ I have in my former message on this subject expressed a willingness
+ to concur in suitable amendments for the improvement of the election
+ laws; but I can not consent to their absolute and entire repeal, and I
+ can not approve legislation which seeks to prevent their enforcement.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 27, 1879</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I return without approval Senate bill No. 595,<a href="#note-28"><small>28</small></a> with the following
+ objection to its becoming a law:
+</p>
+<p>
+ Doubts have arisen upon consideration of the bill as to whether Major
+ Collins will be required under it to refund to the United States the
+ pay and allowances received by him at the time he was mustered out of
+ the service. Believing that it was not the intention of Congress to
+ require such repayment, the bill is returned without my signature to
+ the House in which it originated.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 30, 1879</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I return to the House of Representatives, in which it originated,
+ the bill entitled "An act making appropriations to pay fees of United
+ States marshals and their general deputies," with the following
+ objections to its becoming a law:
+</p>
+<p>
+ The bill appropriates the sum of $600,000 for the payment during the
+ fiscal year ending June 30, 1880, of United States marshals and their
+ general deputies. The offices thus provided for are essential to the
+ faithful execution of the laws. They were created and their powers and
+ duties defined by Congress at its first session after the adoption of
+ the Constitution in the judiciary act which was approved September
+ 24, 1789. Their general duties, as defined in the act which originally
+ established them, were substantially the same as those prescribed in
+ the statutes now in force.
+</p>
+<p>
+ The principal provision on the subject in the Revised Statutes is as
+ follows:
+</p>
+<p class="q">
+ SEC. 787. It shall be the duty of the marshal of each district
+ to attend the district and circuit courts when sitting
+ therein, and to execute throughout the district all lawful
+ precepts directed to him and issued under the authority of
+ the United States; and he shall have power to command all
+ necessary assistance in the execution of his duty.
+</p>
+<p>
+ The original act was amended February 28, 1795, and the amendment is
+ now found in the Revised Statutes in the following form:
+</p>
+<p class="q">
+ SEC. 788. The marshals and their deputies shall have in each
+ State the same powers in executing the laws of the United
+ States as the sheriffs and their deputies in such State may
+ have by law in executing the laws thereof.
+</p>
+<p>
+ By subsequent statutes additional duties have been from time to time
+ imposed upon the marshals and their deputies, the due and regular
+ performance of which are required for the efficiency of almost every
+ branch of the public service. Without these officers there would be
+ no means of executing the warrants, decrees, or other process of
+ the courts, and the judicial system of the country would be fatally
+ defective. The criminal jurisdiction of the courts of the United
+ States is very extensive. The crimes committed within the maritime
+ jurisdiction of the United States are all cognizable only in the
+ courts of the United States. Crimes against public justice; crimes
+ against the operations of the Government, such as forging or
+ counterfeiting the money or securities of the United States; crimes
+ against the postal laws; offenses against the elective franchise,
+ against the civil rights of citizens, against the existence of the
+ Government; crimes against the internal-revenue laws, the customs
+ laws, the neutrality laws; crimes against laws for the protection of
+ Indians and of the public lands&mdash;all of these crimes and many others
+ can be punished only under United States laws, laws which, taken
+ together, constitute a body of jurisprudence which is vital to the
+ welfare of the whole country, and which can be enforced only by means
+ of the marshals and deputy marshals of the United States. In the
+ District of Columbia all of the process of the courts is executed by
+ the officers in question. In short, the execution of the criminal laws
+ of the United States, the service of all civil process in cases in
+ which the United States is a party, and the execution of the revenue
+ laws, the neutrality laws, and many other laws of large importance
+ depend on the maintenance of the marshals and their deputies. They are
+ in effect the only police of the United States Government. Officers
+ with corresponding powers and duties are found in every State of the
+ Union and in every country which has a jurisprudence which is worthy
+ of the name. To deprive the National Government of these officers
+ would be as disastrous to society as to abolish the sheriffs,
+ constables, and police officers in the several States. It would be a
+ denial to the United States of the right to execute its laws&mdash;a
+ denial of all authority which requires the use of civil force. The law
+ entitles these officers to be paid. The funds needed for the purpose
+ have been collected from the people and are now in the Treasury. No
+ objection is, therefore, made to that part of the bill before me which
+ appropriates money for the support of the marshals and deputy marshals
+ of the United States.
+</p>
+<p>
+ The bill contains, however, other provisions which are identical in
+ tenor and effect with the second section of the bill entitled "An act
+ making appropriations for certain judicial expenses," which on the 23d
+ of the present month was returned to the House of Representatives
+ with my objections to its approval. The provisions referred to are as
+ follows:
+</p>
+<p class="q">
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 mentioned in section 1 of this act
+ until an appropriation sufficient to meet such contract or pay
+ such liability shall have first been made by law.
+</p>
+<p>
+ Upon a reconsideration in the House of Representatives of the bill
+ which contained these provisions it lacked a constitutional majority,
+ and therefore failed to become a law. In order to secure its
+ enactment, the same measure is again presented for my approval,
+ coupled in the bill before me with appropriations for the support of
+ marshals and their deputies during the next fiscal year. The object,
+ manifestly, is to place before the Executive this alternative: Either
+ to allow necessary functions of the public service to be crippled
+ or suspended for want of the appropriations required to keep them in
+ operation, or to approve legislation which in official communications
+ to Congress he has declared would be a violation of his constitutional
+ duty. Thus in this bill the principle is clearly embodied that by
+ virtue of the provision of the Constitution which requires that
+ "all bills for raising revenue shall originate in the House of
+ Representatives" a bare majority of the House of Representatives has
+ the right to withhold appropriations for the support of the Government
+ unless the Executive consents to approve any legislation which may
+ be attached to appropriation bills. I respectfully refer to the
+ communications on this subject which I have sent to Congress during
+ its present session for a statement of the grounds of my conclusions,
+ and desire here merely to repeat that in my judgment to establish
+ the principle of this bill is to make a radical, dangerous, and
+ unconstitutional change in the character of our institutions.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has become known to me that certain evil-disposed persons
+ have within the territory and jurisdiction of the United States begun
+ and set on foot preparations for an organized and forcible possession
+ of and settlement upon the lands of what is known as the Indian
+ Territory, west of the State of Arkansas, which Territory is
+ designated, recognized, and described by the treaties and laws of the
+ United States and by the executive authorities as Indian country, and
+ as such is only subject to occupation by Indian tribes, officers of
+ the Indian Department, military posts, and such persons as may be
+ privileged to reside and trade therein under the intercourse laws of
+ the United States; and
+</p>
+<p>
+ Whereas those laws provide for the removal of all persons residing and
+ trading therein without express permission of the Indian Department
+ and agents, and also of all persons whom such agents may deem to be
+ improper persons to reside in the Indian country:
+</p>
+<p>
+ Now, therefore, for the purpose of properly protecting the interests
+ of the Indian nations and tribes, as well as of the United States, in
+ said Indian Territory, and of duly enforcing the laws governing the
+ same, I, Rutherford B. Hayes, President of the United States, do
+ admonish and warn all such persons so intending or preparing to remove
+ upon said lands or into said Territory without permission of the
+ proper agent of the Indian Department against any attempt to so remove
+ or settle upon any of the lands of said Territory; and I do further
+ warn and notify any and all such persons who may so offend that they
+ will be speedily and immediately removed therefrom by the agent,
+ according to the laws made and provided; and if necessary the aid and
+ assistance of the military forces of the United States will be invoked
+ to carry into proper execution the laws of the United States herein
+ referred to.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 26th day of April, A.D. 1879, and
+ of the Independence of the United States the one hundred and third.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ At no recurrence of the season which the devout habit of a religious
+ people has made the occasion for giving thanks to Almighty God and
+ humbly invoking His continued favor has the material prosperity
+ enjoyed by our whole country been more conspicuous, more manifold, or
+ more universal.
+</p>
+<p>
+ During the past year, also, unbroken peace with all foreign nations,
+ the general prevalence of domestic tranquillity, the supremacy and
+ security of the great institutions of civil and religious freedom,
+ have gladdened the hearts of our people and confirmed their attachment
+ to their Government, which the wisdom and courage of our ancestors so
+ fitly framed and the wisdom and courage of their descendants have
+ so firmly maintained to be the habitation of liberty and justice to
+ successive generations.
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, President of the United
+ States, do appoint Thursday, the 27th day of November instant, as a
+ day of national thanksgiving and prayer; and I earnestly recommend
+ that, withdrawing themselves from secular cares and labors, the people
+ of the United States do meet together on that day in their respective
+ places of worship, there to give thanks and praise to Almighty God for
+ His mercies and to devoutly beseech their continuance.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 3d day of November, A.D. 1879,
+ and of the Independence of the United States the one hundred and
+ fourth.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<center>
+ [From the New-York Tribune, February 14, 1879.]
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 4, 1879.</i>
+</p>
+<p>
+ General E.A. MERRITT.
+</p>
+<p>
+ MY DEAR GENERAL: I congratulate you on your confirmation. It is a
+ great gratification to me, very honorable to you, and will prove,
+ I believe, of signal service to the country. My desire is that the
+ office be conducted on strictly business principles, and according to
+ the rules for the civil service which were recommended by the Civil
+ Service Commission in the Administration of General Grant. I want
+ you to be perfectly independent of mere influence from any quarter.
+ Neither my recommendation, nor that of Secretary Sherman, nor of
+ any member of Congress or other influential person must be specially
+ regarded. Let appointments and removals be made on business principles
+ and according to rules. There must be, I assume, a few places filled
+ by those you personally know to be trustworthy, but restrict the area
+ of patronage to the narrowest limits. Let no man be put out merely
+ because he is a friend to Mr. Arthur, and no man put in merely because
+ he is our friend. The good of the service should be the sole end in
+ view. The best means yet presented, it seems to me, are the rules
+ recommended by the Civil Service Commission. I shall issue no new
+ order on the subject at present. I am glad you approve of the message,
+ and I wish you to see that all that is expressed or implied in it is
+ faithfully carried out.
+</p>
+<p>
+ Again congratulating you, and assuring you of my entire confidence,
+ I remain, sincerely,
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<center>
+ Regulations to Prevent the Introduction of the "Plague" into the
+ United States.
+</center>
+<p class="r">
+TREASURY DEPARTMENT,<br>
+ OFFICE OF THE SURGEON-GENERAL,<br>
+ UNITED STATES MARINE HOSPITAL SERVICE,<br>
+<br>
+ <i>Washington, D.C., March 3, 1879.</i>
+</p>
+<p>
+<i>To Officers of the Customs Revenue, Medical Officers of the
+ Marine-Hospital Service, and others whom it may concern</i>:
+</p>
+<p>
+ The act approved April 29, 1878, entitled "An act to prevent the
+ introduction of contagious or infectious diseases into the United
+ States," provides that no vessel coming from any foreign port or
+ country where any contagious or infectious disease exists, nor any
+ vessel conveying infected merchandise, shall enter any port of the
+ United States or pass the boundary line between the United States and
+ any foreign country except in such manner as may be prescribed under
+ said act.
+</p>
+<p>
+ Attention has been called to the prevalence of a dangerous epidemic
+ disease in southern Russia known as the "plague," and its extremely
+ virulent and contagious character, as manifested in the late outbreak,
+ leaves no doubt that it is similar to, if not identical with, the
+ "plague" which devastated the Old World in past centuries. Because,
+ therefore, of the danger which attaches to rags, furs, etc., as
+ carriers of infection, the following regulations are framed, under
+ the direction of the Secretary of the Treasury, and subject to the
+ approval of the President, for the protection of the health of the
+ people of the United States against the danger referred to:
+</p>
+<p>
+ Until further orders no vessel from any port of the Black Sea or the
+ Sea of Azof, conveying any rags, furs, skins, hair, feathers, boxed
+ or baled clothing or bedding, or any similar articles liable to convey
+ infection, nor any vessel from any port of the Mediterranean or Red
+ seas having on board such articles coming from southern Russia, shall
+ enter any port of the United States until such articles shall have
+ been removed from the vessel to open lighters or to some isolated
+ locality and the vessel disinfected and thoroughly ventilated; and the
+ suspected articles shall be disinfected, either by chemical agents and
+ exposure to free currents of air or by burning, as shall be determined
+ in each case by the Surgeon-General of the Marine-Hospital Service.
+</p>
+<p>
+ The certificate of the State or municipal quarantine officer of health
+ may be accepted as satisfactory evidence of compliance with these
+ regulations on the part of the vessel.
+</p>
+<p class="r">
+JNO. M. WOODWORTH,<br>
+ <i>Surgeon-General United States Marine-Hospital Service.</i>
+</p>
+<p>
+ Approved:
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+CUSTOM-HOUSE, NEW YORK CITY,<br>
+ <i>Collector's Office, February 26, 1879.</i>
+</p>
+<p>
+Hon. JOHN SHERMAN,<br>
+ <i>Secretary of the Treasury.</i>
+</p>
+<p>
+ SIR: The President, by letter of 4th instant, having requested
+ that appointments and promotions in this office should be made in
+ accordance with the civil-service rules of 1872, and having also made
+ a similar request of the naval officer, it has been deemed best to
+ make, if practicable, the same rules applicable to all the offices
+ in this city included in the order of the Treasury Department dated
+ August 7, 1872.
+</p>
+<p>
+ With that view, and after several conferences, it has been agreed
+ by the assistant treasurer, naval officer, appraiser, surveyor, and
+ myself to submit the inclosed modifications of the rules of 1872, and
+ should they meet approval to put in operation forthwith the rules so
+ modified.
+</p>
+<p>
+ I am, very respectfully,
+</p>
+<p class="r">
+ E.A. MERRITT,<br> <i>Collector.</i>
+</p>
+<p>&nbsp;</p>
+
+<center>
+ [The modifications submitted with the above letter are omitted,
+ and instead are inserted the following regulations, based upon said
+ modifications, approved by the President March 6, 1879, and amended
+ with his approval in January, 1880.]
+</center>
+<p>&nbsp;</p>
+<center>
+ Regulations Governing Appointments and Promotions in the Customs
+ Service and Subtreasury in the City of New York.
+</center>
+<p>
+ I. Every application for appointment to a vacancy in the lowest grade
+ of any group in the offices of the collector and the surveyor of
+ customs, the naval officer, the appraiser, and the assistant treasurer
+ of the United States in the city of New York must be made in the
+ handwriting of the applicant to the head of the office in which
+ employment is desired. It must state: (1) The position to which the
+ applicant desires to be appointed;<a href="#note-29"><small>29</small></a> (2) place and date of birth;
+ (3) legal residence, and how long it has been such; (4) education; (5)
+ occupation, past and present; (6) whether ever employed in the civil
+ service, and, if so, when, how long, in what branch and capacity, and
+ reasons for leaving the service; (7) whether ever in the Regular or
+ Volunteer Army or Navy, and, if so, when and in what organization and
+ capacity; (8) applicant's name in full.
+</p>
+<p>
+ II. The applicant must certify to having composed and written the
+ application without assistance; to the truth of the statements which
+ it contains; to being a citizen of the United States, and faithful
+ to the Union and the Constitution; and, if ever in the Regular or
+ Volunteer Army or Navy, to having been honorably discharged.
+</p>
+<p>
+ III. Every application must be accompanied by a certificate, signed by
+ two trustworthy and responsible persons, well known in the community
+ in which they reside, that the applicant is personally well known to
+ them to be of good moral character and of temperate and industrious
+ habits, and to be faithful to the Union and the Constitution of the
+ United States.
+</p>
+<p>
+ IV. Every application must also be accompanied by the certificate of a
+ practicing physician as to the applicant's general health and physical
+ capacity to perform the duties of the position to which he desires to
+ be appointed: <i>Provided, however</i>, That no appointment will be made to
+ any position in active outdoor service unless a surgeon of the United
+ States Marine-Hospital Service shall certify that he has made a
+ physical examination of the applicant and found him fit for such
+ position. Such surgeon's examination may be postponed until required
+ by the nominating officer.
+</p>
+<p>
+ V. Applications filed previously to the adoption of these regulations
+ must be renewed or perfected in accordance therewith to entitle them
+ to consideration. No applications for appointment as day or night
+ inspectors in the custom-house from persons under 21 years of age,
+ or for other positions under these regulations from persons under 18
+ years of age, will be considered. In compliance with section 1031 of
+ the Treasury Regulations now in force, persons over 45 years of age
+ are not eligible to any group the lowest grade of which is confined
+ to persons receiving an annual salary of less than $1,800. This
+ prohibition, however, shall not be applied to those who have been
+ honorably discharged from the service and are otherwise qualified.
+</p>
+<p>
+ VI. All applications upon their receipt will be carefully examined
+ by the board of examiners, and those which do not conform in every
+ particular to the foregoing requirements, and such as show that the
+ applicants are manifestly not qualified for the duties of the position
+ desired, will be rejected and the applicants so notified. All other
+ applicants will be designated as eligible for examination, and will
+ be so notified. Inasmuch as applications are to be made in writing and
+ each case is to be decided upon its merits, personal importunity will
+ have no weight.
+</p>
+<p>
+ VII. Not less than five days prior to each examination a notification
+ to appear at a time and place to be stated will be mailed to the
+ eligible candidates, unless it shall be found impracticable to examine
+ all of them, in which case a practicable number will be selected under
+ the second regulation<a href="#note-30"><small>30</small></a> for the civil service promulgated April 16,
+ 1872, and notified to appear for examination. Those not selected for
+ examination will remain on the eligible list. If any person notified
+ to appear shall be unable to do so on account of sickness or other
+ causes, he must promptly advise the board of examiners, in person or
+ by mail, of his inability to attend, and his name will remain upon
+ the eligible list; but any person attending an examination will not be
+ allowed to subsequently plead sickness or other disabling causes as an
+ excuse for defects in examination.
+</p>
+<p>
+ VIII. All candidates for appointment to positions the annual salary
+ of which is $1,200 or more, who shall appear in accordance with such
+ notification, will be subjected to a competitive written examination
+ upon the following subjects:
+</p>
+<p>
+ (1) Copying from dictation; (2) arithmetic&mdash;fundamental rules,
+ fractions, proportion, percentage and interest, reduction; (3)
+ elements of accounts and bookkeeping; (4) geography, history, and
+ government&mdash;general questions, principally such as relate to the
+ United States; (5) elements of English grammar, chiefly orthography
+ and syntax; (6) writing and briefing letters; and (7) penmanship.
+</p>
+<p>
+ Candidates for appointment to positions the salary of which is
+ less than $1,200 will be examined in like manner upon the following
+ subjects: (1) Penmanship, (2) copying; (3) elements of English
+ grammar, chiefly orthography and syntax; and (4) fundamental rules of
+ arithmetic.
+</p>
+<p>
+ Proficiency in penmanship, orthography, and punctuation will be
+ determined principally by a review of the examination papers, and as
+ far as possible the examination in all the branches will be confined
+ to practical exercises.
+</p>
+<p>
+ In examinations for appointments to positions requiring special
+ or technical knowledge such additions may be made by the board of
+ examiners to the list of subjects as the nature of the case may
+ require.
+</p>
+<p>
+ For temporary employment to meet casual exigencies in the public
+ business, or for special services as experts, appointments may be made
+ without examination; but no such appointment shall be made for a term
+ exceeding three months, which may be specially extended for a similar
+ term only; and no such appointment shall be made to any regular or
+ permanent position.
+</p>
+<p>
+ IX. The various subjects of the examination may be subdivided, if
+ thought desirable, into classes, and to each subject or class a
+ relative weight, according to its importance in the examination, will
+ be assigned by each board of examiners. The mode of ascertaining the
+ result of the examination will be as follows: The degree of accuracy
+ with which each question shall be answered will first be marked by the
+ board on a scale of 100. The average of the marks given to the answers
+ to the questions in each subject or class will next be ascertained.
+ Each average will then be multiplied by the number indicating the
+ relative weight of the subject or class, and the sum of the products
+ will be divided by the sum of the relative weights. The quotient will
+ determine the candidate's standing in the examination. Relative weight
+ will be assigned not merely to the special qualifications of the
+ candidates, but to their general aptitude, as shown in the course of
+ examination. Candidates will be examined during office hours, and in
+ no case will their examination be continued more than one day.
+</p>
+<p>
+ X. The board of examiners will prepare a list of the persons examined
+ in the order of their excellence, as proved by such examination,
+ beginning with the highest, and will then certify to the head of the
+ office the names standing at the head of such list, not exceeding
+ three. When more than one appointment is to be made, the vacancies
+ will be numbered, and the first three names will be certified for
+ the first vacancy, the remaining two and the fourth for the second
+ vacancy, the remaining two and the fifth for the third vacancy, and so
+ on for the whole number of vacancies; but if, after selecting one
+ of any three certified for appointment, the head of the office shall
+ object to another presentation of either of the remaining names, it
+ shall not be again certified.
+</p>
+<p>
+ XI. The examination papers of any candidate who shall have passed a
+ minimum standard of 75 per cent, but who shall fail to be appointed,
+ will, if requested by the candidate, be brought into competition with
+ those candidates who shall compete for vacancies of the same class
+ and nature occurring within one year: <i>Provided, however</i>, That the
+ candidate shall not have been specially objected to by the head of
+ the office under the last preceding regulation. No candidate who upon
+ examination has been marked below the minimum will be allowed to again
+ compete within one year from the date of such examination, unless for
+ admission to a lower group.
+</p>
+<p>
+ XII. All examination papers will be filed, and will at all times be
+ open to the inspection of those interested, under such restrictions as
+ may be imposed by the head of the office.
+</p>
+<p>
+ XIII. There shall be one examining board for all appointments
+ and promotions under these rules in the offices of the collector,
+ surveyor, and naval officer, which shall consist of the surveyor and
+ one representative to be nominated each by the collector and the
+ naval officer, and three alternates, to be nominated one each by the
+ collector, the naval officer, and the surveyor: <i>Provided, however</i>,
+ That in examinations for positions in the surveyor's office the
+ surveyor's alternate shall act on such board. The examining boards in
+ the offices of the assistant treasurer and the appraiser shall consist
+ of three persons, with three alternates, to be nominated by the
+ assistant treasurer and the appraiser, respectively. All nominations
+ as members and alternates on the examining boards shall be submitted
+ to the Secretary of the Treasury for his approval. The heads of the
+ several offices shall constitute a board of revision and appeal,
+ which, upon appeal from any person examined or from any member of an
+ examining board, shall revise the decision of said board.
+</p>
+<p>
+ XIV. Whenever the head of an office shall notify the board of
+ examiners for such office that a vacancy which he desires to fill
+ exists in any grade above the lowest not excepted from the rules
+ and regulations for the civil service, the board will fix a time for
+ holding an examination for the purpose, and at least five days before
+ the same is to take place will cause a notice to be posted in a
+ conspicuous place in the office, stating the grade and group of the
+ vacancy, the date of the examination, and that the vacancy is to be
+ filled by a competitive examination of applicants from the next lower
+ grade, unless none in such lower grade be found qualified, when those
+ in the next lower grade may compete, or, if there be none in any of
+ the lower grades qualified, competition will be open to applicants. In
+ any examination for promotion, if the competitors from the next
+ lower grade shall not exceed three in number, the board may, at its
+ discretion, open the competition to the next lower grade or below, as
+ they may deem best; and furthermore, if such promotion would probably
+ occasion vacancies requiring other promotions, the board may combine
+ in one the necessary examinations for such promotions. No person who
+ has been examined in any grade for promotion and failed to receive
+ such promotion shall again be admitted to examination within six
+ months, but in the meantime his general average, as ascertained by
+ such examination, may be brought into competition, as provided in
+ Regulation XI.
+</p>
+<p>
+ XV. The examination will be held upon the general subjects fixed for
+ examinations for admission to the lowest grade of the group and upon
+ such other subjects as the general nature of the business of the
+ office and the special nature of the position to be filled may seem
+ to the board of examiners to require. Due weight will be given to the
+ efficiency with which the several candidates shall have previously
+ performed their duties in the office; but no one who shall fail to
+ pass a minimum standard of 75 per cent in the written examination will
+ be certified for appointment.
+</p>
+<p>
+ XVI. If no applicants from within the group shall be found competent,
+ an examination will be held of all who shall make application in
+ accordance with the regulations governing applications for admission
+ to the office, after due public notice by the head of the office. The
+ examination will be conducted in accordance with the provisions for
+ admission to the office, as required by the fourth rule<a href="#note-31"><small>31</small></a> for the
+ civil service promulgated December 19, 1871, but the nature of the
+ examination will be the same as in any previous examination for the
+ same vacancy.
+</p>
+<p>
+ XVII. The list of names from which the appointment is to be made will
+ be prepared and certified in the manner provided for admission to the
+ lowest grade.
+</p>
+<p>
+ XVIII. Persons employed in any of the offices to which these rules are
+ applicable may be transferred without examination from one office to
+ a grade no higher in another office, with, the consent of the heads
+ of the respective offices and the approval of the Secretary of the
+ Treasury.
+</p>
+<p>
+ XIX. Under the provisions of rule 2<a href="#note-32"><small>32</small></a> of August 5, 1873, and the
+ operation of these regulations, the power of suspension and of
+ recommendation for discharge from the service shall remain with the
+ nominating officer unrestricted. If, however, in his judgment it be
+ deemed advisable, he may direct any person in his department to be
+ cited before the regular examining board, and such board shall examine
+ into and report upon the qualifications, efficiency, and general
+ fitness for the position held, or for any position in the same or a
+ lower grade, of the person so cited to appear; and furthermore, any
+ person in the service engaged in active outdoor duties may be cited to
+ appear before a surgeon of the United States Marine-Hospital Service
+ and be examined by such surgeon as to the physical abilities of such
+ person to perform the duties of the position occupied or of a position
+ of less exposure, if otherwise qualified.
+</p>
+<p>
+ XX. The sessions of the examining boards shall not be open to the
+ public, but the board of revision and appeal may select such number
+ of prominent citizens as may be deemed advisable, who shall have
+ free access to the examining rooms, and who shall take no part in the
+ conduct of the examination, but may, by inspection and inquiry,
+ assure themselves regarding its thoroughness and impartiality, and may
+ publicly certify the results of their inspection.
+</p>
+<center>
+ [Seventh rule for the civil service under the Executive order
+ of April 16, 1872.<a href="#note-33"><small>33</small></a>]
+</center>
+<p>
+ 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.
+</p>
+<center>
+ [Fourth regulation for the civil service under the Executive
+ order of April 16, 1872<a href="#note-34"><small>34</small></a>]
+</center>
+<p>
+ 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, * * * may be
+ excepted from the operation of the rules.
+</p>
+<center>
+ [Ninth rule for the civil service under the Executive order of
+ April 16, 1872. <a href="#note-35"><small>35</small></a>]
+</center>
+<p>
+ 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.
+</p>
+<center>
+ [Seventh rule for the civil service under the Executive order
+ of August 5, 1873.<a href="#note-36"><small>36</small></a>]
+</center>
+<p>
+ 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 maybe appointed at discretion; but
+ this rule shall not apply to any appointment to a position grouped
+ below the grade of assistant teller.
+</p>
+<p>
+ The amendments of the New York custom-house rules seem proper.
+</p>
+<p class="r">
+ R.B.H.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ MARCH 6, 1879.
+</p>
+<p>
+General E.A. MERRITT,<br>
+ <i>Collector of Customs, New York</i>
+</p>
+<p>
+ SIR: Your letter of the 26th ultimo, inclosing a draft of modification
+ of the civil-service rules, was duly received, and the rules have been
+ considered and approved by the President. You may therefore act upon
+ them.
+</p>
+<p>
+ Very respectfully,
+</p>
+<p class="r">
+JOHN SHERMAN,<br>
+ <i>Secretary</i>.
+</p>
+<center>
+ RULES GOVERNING APPOINTMENT AND PROMOTION IN THE NEW YORK POST-OFFICE.
+</center>
+<p>
+ For the purpose of making it more certain that only persons of
+ good character and adequate capacity shall be selected from among
+ applicants too numerous for the postmaster to become informed of their
+ individual merits by personal investigation, the following rules are
+ established:
+</p>
+<p>
+ 1. Hereafter all applications for clerical appointment at this
+ post-office must be made in accordance with a prescribed form, a copy
+ of which will be furnished to each applicant.
+</p>
+<p>
+ 2. All appointments to clerical positions will be made to the lowest
+ grade, and no applications from persons under 16 or over 25 years of
+ age will be entertained.
+</p>
+<p>
+ 3. On receipt of an application for appointment, and before further
+ action is taken in regard to it, the applicant will be referred to the
+ medical officer for examination as to his physical condition, as
+ being adequate for the service; and if the report is unfavorable the
+ application will be rejected. Should the report be favorable, the
+ application will be filed and registered in its regular order.
+</p>
+<p>
+ 4. Every application must be accompanied by a certificate, signed by
+ not less than three nor more than five reputable citizens, stating
+ the time for which each has been acquainted with the applicant,
+ and testifying to his good character and reputation for integrity,
+ sobriety, and industry, and to the willingness of the signers to
+ furnish personally any further information they may possess concerning
+ the applicant, if so requested by the postmaster or the board of
+ examiners.
+</p>
+<p>
+ 5. Applications not properly filled out as herein required, or which
+ are found to contain false statements, or which in any other manner
+ show the unfitness of the applicant for employment in the post-office,
+ will be rejected and the applicant notified of such rejection.
+</p>
+<p>
+ 6. All examination papers, with the markings showing the relative
+ proficiency of the candidates, will be carefully preserved and filed.
+</p>
+<p>
+ 7. The names of candidates which have been on the register for
+ one year without being reached for examination will be regarded as
+ removed, and will not be selected for examination unless again
+ placed on the register by a new application, after which they will be
+ selected when reached in order.
+</p>
+<p>
+ 8. All applications duly received and filed shall, when reached in
+ order, be referred to a board of examiners, which is hereby appointed,
+ and which shall consist of the assistant postmaster, auditor, the
+ general superintendents of the fourth, fifth, and sixth divisions,
+ and the assistant general superintendent of the third division. The
+ postmaster's private secretary shall also act as secretary of said
+ board.
+</p>
+<p>
+ 9. When vacancies occur in the lowest grade, the board of examiners
+ shall notify such number of applicants, not less than twenty, of
+ those first on the register of applicants to appear for a competitive
+ examination.
+</p>
+<p>
+ 10. The questions to be asked and answered at such examinations shall
+ be such as will show the relative proficiency of the candidates,
+ first, in penmanship; second, in arithmetic; third, in geography;
+ fourth, in English grammar; fifth, in the history of the United States
+ and in matters of a public nature, to the extent that may be required
+ adequately to test general capacity or special fitness for the postal
+ service.
+</p>
+<p>
+ 11. The board shall present to the postmaster a list of the names of
+ the successful candidates in the order of their excellence, as shown
+ by the examination, beginning with the highest; and the appointments
+ will be made from the three highest names on the list.
+</p>
+<p>
+ 12. All further details in methods of examination will be left to
+ the discretion of the board, but subject to the instructions of the
+ postmaster, in conformity herewith.
+</p>
+<p>
+ 13. All vacancies that may occur in the higher grades of any
+ department shall be filled by promotion from the lower grades by means
+ of competitive examinations, to which shall be admitted as competitors
+ such persons only as are already employed in the division in which the
+ vacancy exists or in divisions having analogous duties. The questions
+ in these examinations shall be restricted mainly to matters pertaining
+ to the ordinary business of that department. The examinations shall be
+ conducted by the general superintendent of the division to which the
+ department is attached, assisted by such one or more other officers
+ of the same as the postmaster may select; and they shall report the
+ result to the postmaster in the manner provided in rule 11, and the
+ vacancy will be filled by the promotion of some one of the three
+ standing highest in the competition. But whenever the vacancy to be
+ filled by promotion is that of a position requiring the exercise of
+ administrative authority the board may add such questions as will test
+ the degree to which the candidates possess special qualifications for
+ such position.
+</p>
+<p>
+ 14. For positions as porters the examination will be confined to
+ questions intended to test the physical ability of the candidates and
+ their proficiency in reading, penmanship, and elementary arithmetic
+ only.
+</p>
+<p>
+ 15. The postmaster reserves from the operation of the above rules for
+ original Appointment and promotion positions of especial pecuniary
+ trust, as well as those involving confidential relations, as private
+ secretary, etc.
+</p>
+<p class="r">
+ THOMAS L. JAMES,<br> <i>Postmaster</i>.
+</p>
+<p>
+ Approved. Let these rules go into effect May 1, 1879.
+</p>
+<p class="r">
+ D.M. KEY,<br> <i>Postmaster-General.</i>
+</p>
+<p>
+ APRIL 3, 1879.
+</p>
+<p>
+ The foregoing rules are approved.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<center>
+ [From the Evening Star, Washington, D.C., May 28, 1879.]
+</center>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, May 28, 1879</i>.
+</p>
+<p>
+ SIR:<a href="#note-37"><small>37</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Friday, the 30th
+ instant, in remembrance of those who fell in defense of the nation,
+ and to enable the employees to participate in the commemorative
+ ceremonies of the day.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Private Secretary</i>.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+TREASURY DEPARTMENT,<br>
+ OFFICE OF THE SURGEON GENERAL,<br>
+ UNITED STATES MARINE-HOSPITAL SERVICE,<br>
+ <i>Washington, D.C., May 31, 1879</i>.
+</p>
+<p>
+ <i>To Medical Officers of the Marine-Hospital Service and others whom it
+ may concern:</i>
+</p>
+<p>
+ Official information having been received to the effect that the
+ "plague" which existed in southern Russia is now almost extinct, the
+ regulations issued March 3, 1879,<a href="#note-38"><small>38</small></a> imposing certain restrictions
+ upon the importation of rags, etc., into the United States, are hereby
+ revoked.
+</p>
+<p>
+ By order of the Secretary of the Treasury:
+</p>
+<p class="r">
+J.B. HAMILTON,<br>
+ <i>Surgeon-General United States Marine-Hospital Service</i>.
+</p>
+<p>
+ Approved:
+</p>
+<p class="r">
+R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, November 1, 1879</i>.
+</p>
+<p>
+ The sad intelligence of the death of Zachariah Chandler, late
+ Secretary of the Interior, and during so many years a Senator from the
+ State of Michigan, has been communicated to the Government and to the
+ country, and in proper respect to his memory I hereby order that the
+ several Executive Departments be closed to public business and their
+ flags and those of their dependencies throughout the country be
+ displayed at half-mast on the day of his funeral.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, November 17, 1879</i>.
+</p>
+<p>
+ DEAR SIR:<a href="#note-39"><small>39</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Wednesday, the 19th
+ instant, to enable the employees to participate in the ceremonies
+ attending the unveiling of the statue of the late General George H.
+ Thomas.
+</p>
+<p>
+ Very truly, yours,
+</p>
+<p class="r">
+ W.K. ROGERS,<br> <i>Private Secretary</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ THIRD ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 1, 1879</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives:</i>
+</p>
+<p>
+ The members of the Forty-sixth Congress have assembled in their first
+ regular session under circumstances calling for mutual congratulation
+ and grateful acknowledgment to the Giver of All Good for the large and
+ unusual measure of national prosperity which we now enjoy.
+</p>
+<p>
+ The most interesting events which have occurred in our public affairs
+ since my last annual message to Congress are connected with the
+ financial operations of the Government, directly affecting the
+ business interests of the country. I congratulate Congress on the
+ successful execution of the resumption act. At the time fixed, and
+ in the manner contemplated by law, United States notes began to
+ be redeemed in coin. Since the 1st of January last they have been
+ promptly redeemed on presentation, and in all business transactions,
+ public and private, in all parts of the country, they are received and
+ paid out as the equivalent of coin. The demand upon the Treasury
+ for gold and silver in exchange for United States notes has been
+ comparatively small, and the voluntary deposit of coin and bullion
+ in exchange for notes has been very large. The excess of the precious
+ metals deposited or exchanged for United States notes over the amount
+ of United States notes redeemed is about $40,000,000.
+</p>
+<p>
+ The resumption of specie payments has been followed by a very great
+ revival of business. With a currency equivalent in value to the
+ money of the commercial world, we are enabled to enter upon an equal
+ competition with other nations in trade and production. The increasing
+ foreign demand for our manufactures and agricultural products has
+ caused a large balance of trade in our favor, which has been paid in
+ gold, from the 1st of July last to November 15, to the amount of about
+ $59,000,000. Since the resumption of specie payments there has also
+ been a marked and gratifying improvement of the public credit. The
+ bonds of the Government bearing only 4 per cent interest have been
+ sold at or above par, sufficient in amount to pay off all of the
+ national debt which was redeemable under present laws. The amount of
+ interest saved annually by the process of refunding the debt since
+ March 1, 1877, is $14,297,177. The bonds sold were largely in small
+ sums, and the number of our citizens now holding the public securities
+ is much greater than ever before. The amount of the national debt
+ which matures within less than two years is $792,121,700, of which
+ $500,000,000 bear interest at the rate of 5 per cent, and the balance
+ is in bonds bearing 6 per cent interest. It is believed that this part
+ of the public debt can be refunded by the issue of 4 per cent bonds,
+ and, by the reduction of interest which will thus be effected, about
+ $11,000,000 can be annually saved to the Treasury. To secure this
+ important reduction of interest to be paid by the United States
+ further legislation is required, which it is hoped will be provided by
+ Congress during its present session.
+</p>
+<p>
+ The coinage of gold by the mints of the United States during the last
+ fiscal year was $40,986,912. The coinage of silver dollars since
+ the passage of the act for that purpose up to November 1, 1879, was
+ $45,000,850, of which $12,700,344 have been issued from the Treasury
+ and are now in circulation, and $32,300,506 are still in the
+ possession of the Government.
+</p>
+<p>
+ The pendency of the proposition for unity of action between the United
+ States and the principal commercial nations of Europe to effect a
+ permanent system for the equality of gold and silver in the recognized
+ money of the world leads me to recommend that Congress refrain from
+ new legislation on the general subject. The great revival of trade,
+ internal and foreign, will supply during the coming year its own
+ instructions, which may well be awaited before attempting further
+ experimental measures with the coinage. I would, however, strongly
+ urge upon Congress the importance of authorizing the Secretary of the
+ Treasury to suspend the coinage of silver dollars upon the present
+ legal ratio. The market value of the silver dollar being uniformly and
+ largely less than the market value of the gold dollar, it is obviously
+ impracticable to maintain them at par with each other if both are
+ coined without limit. If the cheaper coin is forced into circulation,
+ it will, if coined without limit, soon become the sole standard of
+ value, and thus defeat the desired object, which is a currency of both
+ gold and silver which shall be of equivalent value, dollar for dollar,
+ with the universally recognized money of the world.
+</p>
+<p>
+ The retirement from circulation of United States notes with the
+ capacity of legal tender in private contracts is a step to be taken
+ in our progress toward a safe and stable currency which should be
+ accepted as the policy and duty of the Government and the interest
+ and security of the people. It is my firm conviction that the issue of
+ legal-tender paper money based wholly upon the authority and credit of
+ the Government, except in extreme emergency, is without warrant in the
+ Constitution and a violation of sound financial principles. The issue
+ of United States notes during the late civil war with the capacity of
+ legal tender between private individuals was not authorized except as
+ a means of rescuing the country from imminent peril. The circulation
+ of these notes as paper money for any protracted period of time after
+ the accomplishment of this purpose was not contemplated by the
+ framers of the law under which they were issued. They anticipated the
+ redemption and withdrawal of these notes at the earliest practicable
+ period consistent with the attainment of the object for which they
+ were provided.
+</p>
+<p>
+ The policy of the United States, steadily adhered to from the adoption
+ of the Constitution, has been to avoid the creation of a national
+ debt; and when, from necessity in time of war, debts have been
+ created, they have been paid off, on the return of peace, as rapidly
+ as possible. With this view, and for this purpose, it is recommended
+ that the existing laws for the accumulation of a sinking fund
+ sufficient to extinguish the public debt within a limited period
+ be maintained. If any change of the objects or rates of taxation is
+ deemed necessary by Congress, it is suggested that experience has
+ shown that a duty can be placed on tea and coffee which will not
+ enhance the price of those articles to the consumer, and which will
+ add several millions of dollars annually to the Treasury.
+</p>
+<p>
+ The continued deliberate violation by a large number of the prominent
+ and influential citizens of the Territory of Utah of the laws of the
+ United States for the prosecution and punishment of polygamy demands
+ the attention of every department of the Government. This Territory
+ has a population sufficient to entitle it to admission as a State,
+ and the general interests of the nation, as well as the welfare of the
+ citizens of the Territory, require its advance from the Territorial
+ form of government to the responsibilities and privileges of a State.
+ This important change will not, however, be approved by the country
+ while the citizens of Utah in very considerable number uphold a
+ practice which is condemned as a crime by the laws of all civilized
+ communities throughout the world.
+</p>
+<p>
+ The law for the suppression of this offense was enacted with great
+ unanimity by Congress more than seventeen years ago, but has remained
+ until recently a dead letter in the Territory of Utah, because of the
+ peculiar difficulties attending its enforcement. The opinion widely
+ prevailed among the citizens of Utah that the law was in contravention
+ of the constitutional guaranty of religious freedom. This objection
+ is now removed. The Supreme Court of the United States has decided the
+ law to be within the legislative power of Congress and binding as a
+ rule of action for all who reside within the Territories. There is
+ no longer any reason for delay or hesitation in its enforcement.
+ It should be firmly and effectively executed. If not sufficiently
+ stringent in its provisions, it should be amended; and in aid of the
+ purpose in view I recommend that more comprehensive and more searching
+ methods for preventing as well as punishing this crime be provided. If
+ necessary to secure obedience to the law, the enjoyment and exercise
+ of the rights and privileges of citizenship in the Territories of the
+ United States may be withheld or withdrawn from those who violate or
+ oppose the enforcement of the law on this subject.
+</p>
+<p>
+ The elections of the past year, though occupied only with State
+ officers, have not failed to elicit in the political discussions which
+ attended them all over the country new and decisive evidence of the
+ deep interest which the great body of citizens take in the progress
+ of the country toward a more general and complete establishment, at
+ whatever cost, of universal security and freedom in the exercise of
+ the elective franchise. While many topics of political concern demand
+ great attention from our people, both in the sphere of national and
+ State authority, I find no reason to qualify the opinion I expressed
+ in my last annual message, that no temporary or administrative
+ interests of government, however urgent or weighty, will ever
+ displace the zeal of our people in defense of the primary rights of
+ citizenship, and that the power of public opinion will override all
+ political prejudices, and all sectional and State attachments in
+ demanding that all over our wide territory the name and character of
+ citizen of the United States shall mean one and the same thing and
+ carry with them unchallenged security and respect. I earnestly appeal
+ to the intelligence and patriotism of all good citizens of every part
+ of the country, however much they may be divided in opinions on other
+ political subjects, to unite in compelling obedience to existing laws
+ aimed at the protection of the right of suffrage. I respectfully urge
+ upon Congress to supply any defects in these laws which experience has
+ shown and which it is within its power to remedy. I again invoke the
+ cooperation of the executive and legislative authorities of the States
+ in this great purpose. I am fully convinced that if the public mind
+ can be set at rest on this paramount question of popular rights no
+ serious obstacle will thwart or delay the complete pacification of the
+ country or retard the general diffusion of prosperity.
+</p>
+<p>
+ In a former message I invited the attention of Congress to the
+ subject of the reformation of the civil service of the Government,
+ and expressed the intention of transmitting to Congress as early as
+ practicable a report upon this subject by the chairman of the Civil
+ Service Commission.
+</p>
+<p>
+ In view of the facts that during a considerable period the Government
+ of Great Britain has been dealing with administrative problems and
+ abuses in various particulars analogous to those presented in this
+ country, and that in recent years the measures adopted were understood
+ to have been effective and in every respect highly satisfactory, I
+ thought it desirable to have fuller information upon the subject, and
+ accordingly requested the chairman of the Civil Service Commission to
+ make a thorough investigation for this purpose. The result has been an
+ elaborate and comprehensive report.
+</p>
+<p>
+ The report sets forth the history of the partisan spoils system
+ in Great Britain, and of the rise and fall of the parliamentary
+ patronage, and of official interference with the freedom of elections.
+ It shows that after long trials of various kinds of examinations those
+ which are competitive and open on equal terms to all, and which are
+ carried on under the superintendence of a single commission, have,
+ with great advantage, been established as conditions of admission to
+ almost every official place in the subordinate administration of that
+ country and of British India. The completion of the report, owing to
+ the extent of the labor involved in its preparation and the omission
+ of Congress to make any provision either for the compensation or the
+ expenses of the Commission, has been postponed until the present time.
+ It is herewith transmitted to Congress.
+</p>
+<p>
+ While the reform measures of another government are of no authority
+ for us, they are entitled to influence to the extent to which their
+ intrinsic wisdom and their adaptation to our institutions and
+ social life may commend them to our consideration. The views I have
+ heretofore expressed concerning the defects and abuses in our civil
+ administration remain unchanged, except in so far as an enlarged
+ experience has deepened my sense of the duty both of officers and of
+ the people themselves to cooperate for their removal. The grave evils
+ and perils of a partisan spoils system of appointment to office and of
+ office tenure are now generally recognized. In the resolutions of
+ the great parties, in the reports of Departments, in the debates and
+ proceedings of Congress, in the messages of Executives, the gravity of
+ these evils has been pointed out and the need of their reform has been
+ admitted.
+</p>
+<p>
+ To command the necessary support, every measure of reform must be
+ based on common right and justice, and must be compatible with the
+ healthy existence of great parties, which are inevitable and essential
+ in a free state.
+</p>
+<p>
+ When the people have approved a policy at a national election,
+ confidence on the part of the officers they have selected and of the
+ advisers who, in accordance with our political institutions, should be
+ consulted in the policy which it is their duty to carry into effect
+ is indispensable. It is eminently proper that they should explain it
+ before the people, as well as illustrate its spirit in the performance
+ of their official duties.
+</p>
+<p>
+ Very different considerations apply to the greater number of those who
+ fill the subordinate places in the civil service. Their responsibility
+ is to their superiors in official position. It is their duty to obey
+ the legal instructions of those upon whom that authority is devolved,
+ and their best public service consists in the discharge of their
+ functions irrespective of partisan politics. Their duties are the
+ same whatever party is in power and whatever policy prevails. As a
+ consequence it follows that their tenure of office should not depend
+ on the prevalence of any policy or the supremacy of any party, but
+ should be determined by their capacity to serve the people most
+ usefully quite irrespective of partisan interests. The same
+ considerations that should govern the tenure should also prevail in
+ the appointment, discipline, and removal of these subordinates. The
+ authority of appointment and removal is not a perquisite, which may
+ be used to aid a friend or reward a partisan, but is a trust, to be
+ exercised in the public interest under all the sanctions which attend
+ the obligation to apply the public funds only for public purposes.
+</p>
+<p>
+ Every citizen has an equal right to the honor and profit of
+ entering the public service of his country. The only just ground of
+ discrimination is the measure of character and capacity he has to make
+ that service most useful to the people. Except in cases where,
+ upon just and recognized principles&mdash;as upon the theory of
+ pensions&mdash;offices and promotions are bestowed as rewards for past
+ services, their bestowal upon any theory which disregards personal
+ merit is an act of injustice to the citizen, as well as a breach of
+ that trust subject to which the appointing power is held.
+</p>
+<p>
+ In the light of these principles it becomes of great importance to
+ provide just and adequate means, especially for every Department and
+ large administrative office, where personal discrimination on the part
+ of its head is not practicable, for ascertaining those qualifications
+ to which appointments and removals should have reference. To fail to
+ provide such means is not only to deny the opportunity of ascertaining
+ the facts upon which the most righteous claim to office depends,
+ but of necessity to discourage all worthy aspirants by handing over
+ appointments and removals to mere influence and favoritism. If it is
+ the right of the worthiest claimant to gain the appointment and the
+ interest of the people to bestow it upon him, it would seem clear that
+ a wise and just method of ascertaining personal fitness for office
+ must be an important and permanent function of every just and wise
+ government. It has long since become impossible in the great offices
+ for those having the duty of nomination and appointment to personally
+ examine into the individual qualifications of more than a small
+ proportion of those seeking office, and with the enlargement of the
+ civil service that proportion must continue to become less.
+</p>
+<p>
+ In the earlier years of the Government the subordinate offices were so
+ few in number that it was quite easy for those making appointments
+ and promotions to personally ascertain the merits of candidates.
+ Party managers and methods had not then become powerful agencies of
+ coercion, hostile to the free and just exercise of the appointing
+ power.
+</p>
+<p>
+ A large and responsible part of the duty of restoring the civil
+ service to the desired purity and efficiency rests upon the President,
+ and it is my purpose to do what is within my power to advance such
+ prudent and gradual measures of reform as will most surely and rapidly
+ bring about that radical change of system essential to make our
+ administrative methods satisfactory to a free and intelligent people.
+ By a proper exercise of authority it is in the power of the Executive
+ to do much to promote such a reform. But it can not be too clearly
+ understood that nothing adequate can be accomplished without
+ cooperation on the part of Congress and considerate and intelligent
+ support among the people. Reforms which challenge the generally
+ accepted theories of parties and demand changes in the methods of
+ Departments are not the work of a day. Their permanent foundations
+ must be laid in sound principles and in an experience which
+ demonstrates their wisdom and exposes the errors of their adversaries.
+ Every worthy officer desires to make his official action a gain and an
+ honor to his country; but the people themselves, far more than their
+ officers in public station, are interested in a pure, economical, and
+ vigorous administration.
+</p>
+<p>
+ By laws enacted in 1853 and 1855, and now in substance incorporated
+ in the Revised Statutes, the practice of arbitrary appointments to the
+ several subordinate grades in the great Departments was condemned, and
+ examinations as to capacity, to be conducted by departmental boards of
+ examiners, were provided for and made conditions of admission to
+ the public service. These statutes are a decision by Congress that
+ examinations of some sort as to attainments and capacity are essential
+ to the well-being of the public service. The important questions since
+ the enactment of these laws have been as to the character of these
+ examinations, and whether official favor and partisan influence or
+ common right and merit were to control the access to the examinations.
+ In practice these examinations have not always been open to worthy
+ persons generally who might wish to be examined. Official favoritism
+ and partisan influence, as a rule, appear to have designated those
+ who alone were permitted to go before the examining boards, subjecting
+ even the examiners to a pressure from the friends of the candidates
+ very difficult to resist. As a consequence the standard of admission
+ fell below that which the public interest demanded. It was also almost
+ inevitable that a system which provided for various separate boards of
+ examiners, with no common supervision or uniform method of procedure,
+ should result in confusion, inconsistency, and inadequate tests of
+ capacity, highly detrimental to the public interest. A further and
+ more radical change was obviously required.
+</p>
+<p>
+ In the annual message of December, 1870, my predecessor declared
+ that&mdash;
+</p>
+<p class="q">
+ 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.
+</p>
+<p>
+ Congress accordingly passed the act approved March 3, 1871, "to
+ regulate the civil service of the United States and promote the
+ efficiency thereof," giving the necessary authority to the Executive
+ to inaugurate a civil-service reform.
+</p>
+<p>
+ Acting under this statute, which was interpreted as intended to secure
+ a system of just and effectual examinations under uniform supervision,
+ a number of eminently competent persons were selected for the purpose,
+ who entered with zeal upon the discharge of their duties, prepared
+ with an intelligent appreciation of the requirements of the service
+ the regulations contemplated, and took charge of the examinations, and
+ who in their capacity as a board have been known as the "Civil Service
+ Commission." Congress for two years appropriated the money needed for
+ the compensation and for the expense of carrying on the work of the
+ Commission.
+</p>
+<p>
+ It appears from the report of the Commission submitted to the
+ President in April, 1874, that examinations had been held in various
+ sections of the country, and that an appropriation of about $25,000
+ would be required to meet the annual expenses, including salaries,
+ involved in discharging the duties of the Commission. The report was
+ transmitted to Congress by special message of April 18, 1874, with the
+ following favorable comment upon the labors of the Commission:
+</p>
+<p class="q">
+ 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 hitherto 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.
+</p>
+<p>
+ And in the annual message of December of the same year similar views
+ are expressed and an appropriation for continuing the work of the
+ Commission again advised.
+</p>
+<p>
+ The appropriation was not made, and as a consequence the active work
+ of the Commission was suspended, leaving the Commission itself still
+ in existence. Without the means, therefore, of causing qualifications
+ to be tested in any systematic manner or of securing for the public
+ service the advantages of competition upon any extensive plan, I
+ recommended in my annual message of December, 1877, the making of an
+ appropriation for the resumption of the work of the Commission.
+</p>
+<p>
+ In the meantime, however, competitive examinations, under many
+ embarrassments, have been conducted within limited spheres in
+ the Executive Departments in Washington and in a number of the
+ custom-houses and post-offices of the principal cities of the country,
+ with a view to further test their effects, and in every instance they
+ have been found to be as salutary as they are stated to have been
+ under the Administration of my predecessor. I think the economy,
+ purity, and efficiency of the public service would be greatly promoted
+ by their systematic introduction, wherever practicable, throughout the
+ entire civil service of the Government, together with ample provision
+ for their general supervision in order to secure consistency and
+ uniform justice.
+</p>
+<p>
+ Reports from the Secretary of the Interior, from the
+ Postmaster-General, from the postmaster in the city of New York, where
+ such examinations have been some time on trial, and also from the
+ collector of the port, the naval officer, and the surveyor in that
+ city, and from the postmasters and collectors in several of the other
+ large cities, show that the competitive system, where applied, has in
+ various ways contributed to improve the public service.
+</p>
+<p>
+ The reports show that the results have been salutary in a marked
+ degree, and that the general application of similar rules can not fail
+ to be of decided benefit to the service.
+</p>
+<p>
+ The reports of the Government officers, in the city of New York
+ especially, bear decided testimony to the utility of open competitive
+ examinations in their respective offices, showing that&mdash;
+</p>
+<p class="q">
+ These examinations and the excellent qualifications of
+ those admitted to the service through them have had a marked
+ incidental effect upon the persons previously in the service,
+ and particularly upon those aspiring to promotion. There has
+ been on the part of these latter an increased interest in the
+ work and a desire to extend acquaintance with it beyond the
+ particular desk occupied, and thus the morale of the entire
+ force has been raised. * * * The examinations have been
+ attended by many citizens, who have had an opportunity to
+ thoroughly investigate the scope and character of the tests
+ and the method of determining the results, and those visitors
+ have without exception approved the methods employed, and
+ several of them have publicly attested their favorable
+ opinion.
+</p>
+<p>
+ Upon such considerations I deem it my duty to renew the recommendation
+ contained in my annual message of December, 1877, requesting Congress
+ to make the necessary appropriation for the resumption of the work of
+ the Civil Service Commission. Economy will be promoted by authorizing
+ a moderate compensation to persons in the public service who may
+ perform extra labor upon or under the Commission, as the Executive may
+ direct.
+</p>
+<p>
+ I am convinced that if a just and adequate test of merit is enforced
+ for admission to the public service and in making promotions such
+ abuses as removals without good cause and partisan and official
+ interference with the proper exercise of the appointing power will in
+ large measure disappear.
+</p>
+<p>
+ There are other administrative abuses to which the attention
+ of Congress should be asked in this connection. Mere partisan
+ appointments and the constant peril of removal without cause very
+ naturally lead to an absorbing and mischievous political activity on
+ the part of those thus appointed, which not only interferes with the
+ due discharge of official duty, but is incompatible with the freedom
+ of elections. Not without warrant in the views of several of my
+ predecessors in the Presidential office, and directly within the law
+ of 1871, already cited, I endeavored, by regulation made on the 22d
+ day of June, 1877, to put some reasonable limits to such abuses. It
+ may not be easy, and it may never perhaps be necessary, to define with
+ precision the proper limit of political action on the part of Federal
+ officers. But while their right to hold and freely express their
+ opinions can not be questioned, it is very plain that they should
+ neither be allowed to devote to other subjects the time needed for the
+ proper discharge of their official duties nor to use the authority of
+ their office to enforce their own opinions or to coerce the political
+ action of those who hold different opinions.
+</p>
+<p>
+ Reasons of justice and public policy quite analogous to those which
+ forbid the use of official power for the oppression of the private
+ citizen impose upon the Government the duty of protecting its officers
+ and agents from arbitrary exactions. In whatever aspect considered,
+ the practice of making levies for party purposes upon the salaries
+ of officers is highly demoralizing to the public service and
+ discreditable to the country. Though an officer should be as free as
+ any other citizen to give his own money in aid of his opinions or his
+ party, he should also be as free as any other citizen to refuse to
+ make such gifts. If salaries are but a fair compensation for the time
+ and labor of the officer, it is gross injustice to levy a tax upon
+ them. If they are made excessive in order that they may bear the tax,
+ the excess is an indirect robbery of the public funds.
+</p>
+<p>
+ I recommend, therefore, such a revision and extension of present
+ statutes as shall secure to those in every grade of official life or
+ public employment the protection with which a great and enlightened
+ nation should guard those who are faithful in its service.
+</p>
+<p>
+ Our relations with foreign countries have continued peaceful.
+</p>
+<p>
+ With Great Britain there are still unsettled questions, growing out of
+ the local laws of the maritime provinces and the action of provincial
+ authorities deemed to be in derogation of rights secured by treaty
+ to American fishermen. The United States minister in London has been
+ instructed to present a demand for $105,305.02 in view of the damages
+ received by American citizens at Fortune Bay on the 6th day of
+ January, 1878. The subject has been taken into consideration by the
+ British Government, and an early reply is anticipated.
+</p>
+<p>
+ Upon the completion of the necessary preliminary examinations the
+ subject of our participation in the provincial fisheries, as regulated
+ by treaty, will at once be brought to the attention of the British
+ Government, with a view to an early and permanent settlement of the
+ whole question, which was only temporarily adjusted by the treaty of
+ Washington.
+</p>
+<p>
+ Efforts have been made to obtain the removal of restrictions found
+ injurious to the exportation of cattle to the United Kingdom.
+</p>
+<p>
+ Some correspondence has also occurred with regard to the rescue and
+ saving of life and property upon the Lakes, which has resulted in
+ important modifications of the previous regulations of the Dominion
+ government on the subject in the interest of humanity and commerce.
+</p>
+<p>
+ In accordance with the joint resolution of the last session of
+ Congress, commissioners were appointed to represent the United States
+ at the two international exhibitions in Australia, one of which is
+ now in progress at Sydney, and the other to be held next year
+ at Melbourne. A desire has been expressed by our merchants and
+ manufacturers interested in the important and growing trade with
+ Australia that an increased provision should be made by Congress for
+ the representation of our industries at the Melbourne exhibition of
+ next year, and the subject is respectfully submitted to your favorable
+ consideration.
+</p>
+<p>
+ The assent of the Government has been given to the landing on the
+ coast of Massachusetts of a new and independent transatlantic cable
+ between France, by way of the French island of St. Pierre, and this
+ country, subject to any future legislation of Congress on the subject.
+ The conditions imposed before allowing this connection with our shores
+ to be established are such as to secure its competition with any
+ existing or future lines of marine cable and preclude amalgamation
+ therewith, to provide for entire equality of rights to our Government
+ and people with those of France in the use of the cable, and prevent
+ any exclusive possession of the privilege as accorded by France to the
+ disadvantage of any future cable communication between France and the
+ United States which may be projected and accomplished by our citizens.
+ An important reduction of the present rates of cable communication
+ with Europe, felt to be too burdensome to the interests of our
+ commerce, must necessarily flow from the establishment of this
+ competing line.
+</p>
+<p>
+ The attention of Congress was drawn to the propriety of some general
+ regulation by Congress of the whole subject of transmarine cables by
+ my predecessor in his message of December 7, 1875, and I respectfully
+ submit to your consideration the importance of Congressional action in
+ the matter.
+</p>
+<p>
+ The questions of grave importance with Spain growing out of the
+ incidents of the Cuban insurrection have been for the most part
+ happily and honorably settled. It may reasonably be anticipated that
+ the commission now sitting in Washington for the decision of private
+ cases in this connection will soon be able to bring its labors to a
+ conclusion.
+</p>
+<p>
+ The long-standing question of East Florida claims has lately been
+ renewed as a subject of correspondence, and may possibly require
+ Congressional action for its final disposition.
+</p>
+<p>
+ A treaty with the Netherlands with respect to consular rights and
+ privileges similar to those with other powers has been signed and
+ ratified, and the ratifications were exchanged on the 31st of July
+ last. Negotiations for extradition treaties with the Netherlands and
+ with Denmark are now in progress.
+</p>
+<p>
+ Some questions with Switzerland in regard to pauper and convict
+ emigrants have arisen, but it is not doubted that they will be
+ arranged upon a just and satisfactory basis. A question has also
+ occurred with respect to an asserted claim by Swiss municipal
+ authorities to exercise tutelage over persons and property of Swiss
+ citizens naturalized in this country. It is possible this may require
+ adjustment by treaty.
+</p>
+<p>
+ With the German Empire frequent questions arise in connection with
+ the subjects of naturalization and expatriation, but the Imperial
+ Government has constantly manifested a desire to strictly maintain and
+ comply with all treaty stipulations in regard to them.
+</p>
+<p>
+ In consequence of the omission of Congress to provide for a diplomatic
+ representative at Athens, the legation to Greece has been withdrawn.
+ There is now no channel of diplomatic communication between the two
+ countries, and the expediency of providing for one in some form is
+ submitted to Congress.
+</p>
+<p>
+ Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium
+ continue amicable, and marked by no incident of especial importance.
+</p>
+<p>
+ A change of the personal head of the Government of Egypt has taken
+ place. No change, however, has occurred in the relations between
+ Egypt and the United States. The action of the Egyptian Government in
+ presenting to the city of New York one of the ancient obelisks, which
+ possess such historic interest, is highly appreciated as a generous
+ mark of international regard. If prosperity should attend the
+ enterprise of its transportation across the Atlantic, its erection in
+ a conspicuous position in the chief commercial city of the nation will
+ soon be accomplished.
+</p>
+<p>
+ The treaty recently made between Japan and the United States in regard
+ to the revision of former commercial treaties it is now believed will
+ be followed by similar action on the part of other treaty powers. The
+ attention of Congress is again invited to the subject of the indemnity
+ funds received some years since from Japan and China, which, with
+ their accumulated interest, now amount to considerable sums. If any
+ part of these funds is justly due to American citizens, they should
+ receive it promptly; and whatever may have been received by this
+ Government in excess of strictly just demands should in some form be
+ returned to the nations to whom it equitably belongs.
+</p>
+<p>
+ The Government of China has signified its willingness to consider the
+ question of the emigration of its subjects to the United States with
+ a dispassionate fairness and to cooperate in such measures as may
+ tend to prevent injurious consequences to the United States. The
+ negotiations are still proceeding, and will be pressed with diligence.
+</p>
+<p>
+ A question having arisen between China and Japan about the Lew Chew
+ Islands, the United States Government has taken measures to inform
+ those powers of its readiness to extend its good offices for the
+ maintenance of peace if they shall mutually deem it desirable and find
+ it practicable to avail themselves of the proffer.
+</p>
+<p>
+ It is a gratification to be able to announce that, through the
+ judicious and energetic action of the military commanders of the two
+ nations on each side of the Rio Grande, under the instructions of
+ their respective Governments, raids and depredations have greatly
+ decreased, and in the localities where formerly most destructive
+ have now almost wholly ceased. In view of this result, I entertain a
+ confident expectation that the prevalence of quiet on the border will
+ soon become so assured as to justify a modification of the present
+ orders to our military commanders as to crossing the border, without
+ encouraging such disturbances as would endanger the peace of the two
+ countries.
+</p>
+<p>
+ The third installment of the award against Mexico under the claims
+ commission of July 4, 1868, was duly paid, and has been put in course
+ of distribution in pursuance of the act of Congress providing for the
+ same. This satisfactory situation between the two countries leads me
+ to anticipate an expansion of our trade with Mexico and an increased
+ contribution of capital and industry by our people to the development
+ of the great resources of that country. I earnestly commend to the
+ wisdom of Congress the provision of suitable legislation looking to
+ this result.
+</p>
+<p>
+ Diplomatic intercourse with Colombia is again fully restored by the
+ arrival of a minister from that country to the United States. This
+ is especially fortunate in view of the fact that the question of an
+ interoceanic canal has recently assumed a new and important aspect and
+ is now under discussion with the Central American countries through
+ whose territory the canal, by the Nicaragua route, would have to pass.
+ It is trusted that enlightened statesmanship on their part will see
+ that the early prosecution of such a work will largely inure to
+ the benefit, not only of their own citizens and those of the United
+ States, but of the commerce of the civilized world. It is not doubted
+ that should the work be undertaken under the protective auspices of
+ the United States, and upon satisfactory concessions for the right of
+ way and its security by the Central American Governments, the capital
+ for its completion would be readily furnished from this country and
+ Europe, which might, failing such guaranties, prove inaccessible.
+</p>
+<p>
+ Diplomatic relations with Chile have also been strengthened by the
+ reception of a minister from that country.
+</p>
+<p>
+ The war between Peru, Bolivia, and Chile still continues. The United
+ States have not deemed it proper to interpose in the matter further
+ than to convey to all the Governments concerned the assurance that
+ the friendly offices of the Government of the United States for the
+ restoration of peace upon an honorable basis will be extended in case
+ the belligerents shall exhibit a readiness to accept them.
+</p>
+<p>
+ Cordial relations continue with Brazil and the Argentine Republic, and
+ trade with those countries is improving. A provision for regular and
+ more frequent mail communication, in our own ships, between the
+ ports of this country and the nations of South America seems to me
+ to deserve the attention of Congress as an essential precursor of an
+ enlargement of our commerce with them and an extension of our carrying
+ trade.
+</p>
+<p>
+ A recent revolution in Venezuela has been followed by the
+ establishment of a provisional government. This government has not
+ yet been formally recognized, and it is deemed desirable to await
+ the proposed action of the people which is expected to give it the
+ sanction of constitutional forms.
+</p>
+<p>
+ A naval vessel has been sent to the Samoan Islands to make surveys and
+ take possession of the privileges ceded to the United States by Samoa
+ in the harbor of Pago-Pago. A coaling station is to be established
+ there, which will be convenient and useful to United States vessels.
+</p>
+<p>
+ The subject of opening diplomatic relations with Roumania and
+ Servia, now become independent sovereignties, is at present under
+ consideration, and is the subject of diplomatic correspondence.
+</p>
+<p>
+ There is a gratifying increase of trade with nearly all European and
+ American countries, and it is believed that with judicious action in
+ regard to its development it can and will be still more enhanced and
+ that American products and manufactures will find new and expanding
+ markets. The reports of diplomatic and consular officers upon this
+ subject, under the system now adopted, have resulted in obtaining
+ much valuable information, which has been and will continue to be laid
+ before Congress and the public from time to time.
+</p>
+<p>
+ The third article of the treaty with Russia of March 30, 1867,
+ by which Alaska was ceded to the United States, provides that
+ the inhabitants of the ceded territory, with the exception of the
+ uncivilized native tribes, shall be admitted to the enjoyment of all
+ the rights of citizens of the United States and shall be maintained
+ and protected in the free enjoyment of their liberty, property,
+ and religion. The uncivilized tribes are subject to such laws and
+ regulations as the United States may from time to time adopt in regard
+ to the aboriginal tribes of that country.
+</p>
+<p>
+ Both the obligations of this treaty and the necessities of the people
+ require that some organized form of government over the Territory of
+ Alaska be adopted.
+</p>
+<p>
+ There appears to be no law for the arrest of persons charged with
+ common-law offenses, such as assault, robbery, and murder, and no
+ magistrate authorized to issue or execute process in such cases.
+ Serious difficulties have already arisen from offenses of this
+ character, not only among the original inhabitants, but among citizens
+ of the United States and other countries who have engaged in mining,
+ fishing, and other business operations within the territory. A bill
+ authorizing the appointment of justices of the peace and constables
+ and the arrest and detention of persons charged with criminal
+ offenses, and providing for an appeal to United States courts for
+ the district of Oregon in suitable cases, will at a proper time be
+ submitted to Congress.
+</p>
+<p>
+ The attention of Congress is called to the annual report of the
+ Secretary of the Treasury on the condition of the public finances.
+</p>
+<p>
+ The ordinary revenues from all sources for the fiscal year ended June
+ 30, 1879, were $273,827,184.46; the ordinary expenditures for the same
+ period were $266,947,883.53, leaving a surplus revenue for the year of
+ $6,879,300.93.
+</p>
+<p>
+ The receipts for the present fiscal year, ending June 30, 1880, actual
+ and estimated, are as follows: Actual receipts for the first quarter,
+ commencing July 1, 1879, $79,843,663.61; estimated receipts for the
+ remaining three quarters of the year, $208,156,336.39; total receipts
+ for the current fiscal year, actual and estimated, $288,000,000.
+</p>
+<p>
+ The expenditures for the same period will be, actual and estimated, as
+ follows: For the quarter commencing July 1, 1879, actual expenditures,
+ $91,683,385.10; and for the remaining three quarters of the year
+ the expenditures are estimated at $172,316,614.90, making the total
+ expenditures $264,000,000, and leaving an estimated surplus revenue
+ for the year ending June 30, 1880, of $24,000,000. The total receipts
+ during the next fiscal year, ending June 30, 1881, estimated according
+ to existing laws, will be $288,000,000, and the estimated ordinary
+ expenditures for the same period will be $278,097,364.39, leaving a
+ surplus of $9,902,635.61 for that year.
+</p>
+<p>
+ The large amount expended for arrears of pensions during the last and
+ the present fiscal year, amounting to $21,747,249.60, has prevented
+ the application of the full amount required by law to the sinking
+ fund for the current year; but these arrears having been substantially
+ paid, it is believed that the sinking fund can hereafter be maintained
+ without any change of existing law.
+</p>
+<p>
+ The Secretary of War reports that the War Department estimates for the
+ fiscal year ending June 30, 1881, are $40,380,428.93, the same being
+ for a less sum of money than any annual estimate rendered to Congress
+ from that Department during a period of at least twelve years.
+</p>
+<p>
+ He concurs with the General of the Army in recommending such
+ legislation as will authorize the enlistment of the full number
+ of 25,000 men for the line of the Army, exclusive of the 3,463 men
+ required for detached duty, and therefore not available for service in
+ the field.
+</p>
+<p>
+ He also recommends that Congress be asked to provide by law for
+ the disposition of a large number of abandoned military posts and
+ reservations, which, though very valuable in themselves, have been
+ rendered useless for military purposes by the advance of civilization
+ and settlement.
+</p>
+<p>
+ He unites with the Quartermaster-General in recommending that an
+ appropriation be made for the construction of a cheap and perfectly
+ fireproof building for the safe storage of a vast amount of money
+ accounts, vouchers, claims, and other valuable records now in the
+ Quartermaster-General's Office, and exposed to great risk of total
+ destruction by fire.
+</p>
+<p>
+ He also recommends, in conformity with the views of the
+ Judge-Advocate-General, some declaratory legislation in reference
+ to the military statute of limitations as applied to the crime of
+ desertion.
+</p>
+<p>
+ In these several recommendations I concur.
+</p>
+<p>
+ The Secretary of War further reports that the work for the improvement
+ of the South Pass of the Mississippi River, under contract with Mr.
+ James B. Eads, made in pursuance of an act of Congress, has been
+ prosecuted during the past year with a greater measure of success in
+ the attainment of results than during any previous year. The channel
+ through the South Pass, which at the beginning of operations in June,
+ 1875, had a depth of only 7-1/2 feet of water, had on the 8th of July,
+ 1879, a minimum depth of 26 feet, having a width of not less than
+ 200 feet and a central depth of 30 feet. Payments have been made in
+ accordance with the statute, as the work progressed, amounting in
+ the aggregate to $4,250,000; and further payments will become due, as
+ provided by the statute, in the event of success in maintaining the
+ channel now secured.
+</p>
+<p>
+ The reports of the General of the Army and of his subordinates
+ present a full and detailed account of the military operations for
+ the suppression of hostilities among the Indians of the Ute and
+ Apache tribes, and praise is justly awarded to the officers and troops
+ engaged for promptness, skill, and courage displayed.
+</p>
+<p>
+ The past year has been one of almost unbroken peace and quiet on the
+ Mexican frontier, and there is reason to believe that the efforts of
+ this Government and of Mexico to maintain order in that region will
+ prove permanently successful.
+</p>
+<p>
+ This Department was enabled during the past year to find temporary,
+ though crowded, accommodations and a safe depository for a portion of
+ its records in the completed east wing of the building designed for
+ the State, War, and Navy Departments. The construction of the north
+ wing of the building, a part of the structure intended for the use
+ of the War Department, is being carried forward with all possible
+ dispatch, and the work should receive from Congress such liberal
+ appropriations as will secure its speedy completion.
+</p>
+<p>
+ The report of the Secretary of the Navy shows continued improvement
+ in that branch of the service during the last fiscal year. Extensive
+ repairs have been made upon vessels, and two new ships have been
+ completed and made ready for sea.
+</p>
+<p>
+ The total expenditures of the year ended June 30, 1879, including
+ specific appropriations not estimated for by the Department, were
+ $13,555,710.09. The expenses chargeable to the year, after deducting
+ the amount of these specific appropriations, were $13,343,317.79; but
+ this is subject to a reduction of $283,725.99, that amount having been
+ drawn upon warrants, but not paid out during the year. The amount of
+ appropriations applicable to the last fiscal year was $14,538,646.17.
+ There was, therefore, a balance of $1,479,054.37 remaining unexpended
+ and to the credit of the Department on June 30, 1879. The estimates
+ for the fiscal year ending June 30, 1881, are $14,864,147.95, which
+ exceeds the appropriations for the present fiscal year $361,897.28.
+ The reason for this increase is explained in the Secretary's
+ report. The appropriations available for the present fiscal year are
+ $14,502,250.67, which will, in the opinion of the Secretary, answer
+ all the ordinary demands of the service. The amount drawn from the
+ Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which
+ $1,095,440.33 has been refunded, leaving as the expenditure for that
+ period $4,674,963.79. If the expenditures of the remaining two-thirds
+ of the year do not exceed the proportion for these four months, there
+ will remain unexpended at the end of the year $477,359.30 of the
+ current appropriations. The report of the Secretary shows the
+ gratifying fact that among all the disbursing officers of the Pay
+ Corps of the Navy there is not one who is a defaulter to the extent of
+ a single dollar. I unite with him in recommending the removal of the
+ observatory to a more healthful location. That institution reflects
+ credit upon the nation, and has obtained the approbation of scientific
+ men in all parts of the world. Its removal from its present location
+ would not only be conducive to the health of its officers and
+ professors, but would greatly increase its usefulness.
+</p>
+<p>
+ The appropriation for judicial expenses, which has heretofore been
+ made for the Department of Justice in gross, was subdivided at the
+ last session of Congress, and no appropriation whatever was made for
+ the payment of the fees of marshals and their deputies, either in the
+ service of process or for the discharge of other duties; and since
+ June 30 these officers have continued the performance of their duties
+ without compensation from the Government, taking upon themselves the
+ necessary incidental outlays, as well as rendering their own services.
+ In only a few unavoidable instances has the proper execution of the
+ process of the United States failed by reason of the absence of the
+ requisite appropriation. This course of official conduct on the part
+ of these officers, highly creditable to their fidelity, was advised
+ by the Attorney-General, who informed them, however, that they would
+ necessarily have to rely for their compensation upon the prospect of
+ future legislation by Congress. I therefore especially recommend that
+ immediate appropriation be made by Congress for this purpose.
+</p>
+<p>
+ The act making the principal appropriation for the Department of
+ Justice at previous sessions has uniformly contained the following
+ clause:
+</p>
+<p class="q">
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+</p>
+<p>
+ No appropriation was made for this purpose for the current year. As no
+ general election for Members of Congress occurred, the omission was
+ a matter of little practical importance. Such election will, however,
+ take place during the ensuing year, and the appropriation made for
+ the pay of marshals and deputies should be sufficient to embrace
+ compensation for the services they may be required to perform at such
+ elections.
+</p>
+<p>
+ The business of the Supreme Court is at present largely in arrears.
+ It can not be expected that more causes can be decided than are
+ now disposed of in its annual session, or that by any assiduity the
+ distinguished magistrates who compose the court can accomplish more
+ than is now done. In the courts of many of the circuits also the
+ business has increased to such an extent that the delay of justice
+ will call the attention of Congress to an appropriate remedy. It is
+ believed that all is done in each circuit which can fairly be expected
+ from its judicial force. The evils arising from delay are less heavily
+ felt by the United States than by private suitors, as its causes
+ are advanced by the courts when it is seen that they involve the
+ discussion of questions of a public character.
+</p>
+<p>
+ The remedy suggested by the Attorney-General is the appointment of
+ additional circuit judges and the creation of an intermediate court of
+ errors and appeals, which shall relieve the Supreme Court of a part
+ of its jurisdiction, while a larger force is also obtained for the
+ performance of circuit duties.
+</p>
+<p>
+ I commend this suggestion to the consideration of Congress. It would
+ seem to afford a complete remedy, and would involve, if ten additional
+ circuit judges are appointed, an expenditure, at the present rate of
+ salaries, of not more than $60,000 a year, which would certainly be
+ small in comparison with the objects to be attained.
+</p>
+<p>
+ The report of the Postmaster-General bears testimony to the general
+ revival of business throughout the country. The receipts of the
+ Post-Office Department for the fiscal year ended June 30, 1879,
+ were $30,041,982.86, being $764,465.91 more than the revenues of the
+ preceding year. The amount realized from the sale of postage stamps,
+ stamped envelopes, and postal cards was $764,465.91 more than in the
+ preceding year, and $2,387,559.23 more than in 1877. The expenditures
+ of the Department were $33,449,899.45, of which the sum of $376,461.63
+ was paid on liabilities incurred in preceding years.
+</p>
+<p>
+ The expenditures during the year were $801,209.77 less than in the
+ preceding year. This reduction is to be attributed mainly to the
+ operation of the law passed June 17, 1878, changing the compensation
+ of postmasters from a commission on the value of stamps sold to a
+ commission on stamps canceled.
+</p>
+<p>
+ The amount drawn from the Treasury on appropriations, in addition to
+ the revenues of the Department, was $3,031,454.96, being $2,276,197.86
+ less than in the preceding year.
+</p>
+<p>
+ The expenditures for the fiscal year ending June 30, 1881, are
+ estimated at $39,920,900 and the receipts from all sources at
+ $32,210,000, leaving a deficiency to be appropriated for out of the
+ Treasury of $7,710,900.
+</p>
+<p>
+ The relations of the Department with railroad companies have been
+ harmonized, notwithstanding the general reduction by Congress of their
+ compensation by the appropriation for special facilities, and the
+ railway post-office lines have been greatly extended, especially in
+ the Southern States. The interests of the Railway Mail Service and
+ of the public would be greatly promoted and the expenditures could be
+ more readily controlled by the classification of the employees of the
+ Railway Mail Service as recommended by the Postmaster-General, the
+ appropriation for salaries, with respect to which the maximum limit is
+ already fixed by law, to be made in gross.
+</p>
+<p>
+ The Postmaster-General recommends an amendment of the law regulating
+ the increase of compensation for increased service and increased speed
+ on star routes, so as to enable him to advertise for proposals for
+ such increased service and speed. He also suggests the advantages to
+ accrue to the commerce of the country from the enactment of a general
+ law authorizing contracts with American-built steamers, carrying the
+ American flag, for transporting the mail between ports of the United
+ States and ports of the West Indies and South America, at a fixed
+ maximum price per mile, the amount to be expended being regulated by
+ annual appropriations, in like manner with the amount paid for the
+ domestic star service.
+</p>
+<p>
+ The arrangement made by the Postmaster-General and the Secretary of
+ the Treasury for the collection of duty upon books received in
+ the mail from foreign countries has proved so satisfactory in its
+ practical operation that the recommendation is now made that Congress
+ shall extend the provisions of the act of March 3, 1879, under which
+ this arrangement was made, so as to apply to all other dutiable
+ articles received in the mails from foreign countries.
+</p>
+<p>
+ The reports of the Secretary of the Interior and of the Commissioner
+ of Indian Affairs, setting forth the present state of our relations
+ with the Indian tribes on our territory, the measures taken to advance
+ their civilization and prosperity, and the progress already achieved
+ by them, will be found of more than ordinary interest. The general
+ conduct of our Indian population has been so satisfactory that the
+ occurrence of two disturbances, which resulted in bloodshed and
+ destruction of property, is all the more to be lamented.
+</p>
+<p>
+ The history of the outbreak on the White River Ute Reservation, in
+ western Colorado, has become so familiar by elaborate reports in the
+ public press that its remarkable incidents need not be stated here
+ in detail. It is expected that the settlement of this difficulty will
+ lead to such arrangements as will prevent further hostile contact
+ between the Indians and the border settlements in western Colorado.
+</p>
+<p>
+ The other disturbance occurred at the Mescalero Agency, in New Mexico,
+ where Victoria, at the head of a small band of marauders, after
+ committing many atrocities, being vigorously chased by a military
+ force, made his way across the Mexican border and is now on foreign
+ soil.
+</p>
+<p>
+ While these occurrences, in which a comparatively small number of
+ Indians were engaged, are most deplorable, a vast majority of our
+ Indian population have fully justified the expectations of those who
+ believe that by humane and peaceful influences the Indian can be led
+ to abandon the habits of savage life and to develop a capacity for
+ useful and civilized occupations. What they have already accomplished
+ in the pursuit of agricultural and mechanical work, the remarkable
+ success which has attended the experiment of employing as freighters
+ a class of Indians hitherto counted among the wildest and most
+ intractable, and the general and urgent desire expressed by them for
+ the education of their children may be taken as sufficient proof that
+ they will be found capable of accomplishing much more if they continue
+ to be wisely and fairly guided. The "Indian policy" sketched in the
+ report of the Secretary of the Interior, the object of which is to
+ make liberal provision for the education of Indian youth, to settle
+ the Indians upon farm lots in severalty, to give them title in fee to
+ their farms, inalienable for a certain number of years, and when their
+ wants are thus provided for to dispose by sale of the lands on their
+ reservations not occupied and used by them, a fund to be formed out
+ of the proceeds for the benefit of the Indians, which will gradually
+ relieve the Government of the expenses now provided for by annual
+ appropriations, must commend itself as just and beneficial to the
+ Indians, and as also calculated to remove those obstructions which
+ the existence of large reservations presents to the settlement and
+ development of the country. I therefore earnestly recommend the
+ enactment of a law enabling the Government to give Indians a title in
+ fee, inalienable for twenty-five years, to the farm lands assigned to
+ them by allotment. I also repeat the recommendation made in my first
+ annual message, that a law be passed admitting Indians who can give
+ satisfactory proof of having by their own labor supported their
+ families for a number of years, and who are willing to detach
+ themselves from their tribal relations, to the benefit of the
+ homestead act, and to grant them patents containing the same provision
+ of inalienability for a certain period.
+</p>
+<p>
+ The experiment of sending a number of Indian children of both sexes to
+ the Hampton Normal and Agricultural Institute, in Virginia, to receive
+ an elementary English education and practical instruction in farming
+ and other useful industries, has led to results so promising that it
+ was thought expedient to turn over the cavalry barracks at Carlisle,
+ in Pennsylvania, to the Interior Department for the establishment of
+ an Indian school on a larger scale. This school has now 158 pupils,
+ selected from various tribes, and is in full operation. Arrangements
+ are also made for the education of a number of Indian boys and girls
+ belonging to tribes on the Pacific Slope in a similar manner, at
+ Forest Grove, in Oregon. These institutions will commend themselves to
+ the liberality of Congress and to the philanthropic munificence of the
+ American people.
+</p>
+<p>
+ Last spring information was received of the organization of an
+ extensive movement in the Western States, the object of which was
+ the occupation by unauthorized persons of certain lands in the Indian
+ Territory ceded by the Cherokees to the Government for the purpose of
+ settlement by other Indian tribes.
+</p>
+<p>
+ On the 26th of April I issued a proclamation<a href="#note-40"><small>40</small></a> warning all persons
+ against participation in such an attempt, and by the cooperation of a
+ military force the invasion was promptly checked. It is my purpose to
+ protect the rights of the Indian inhabitants of that Territory to the
+ full extent of the executive power; but it would be unwise to ignore
+ the fact that a territory so large and so fertile, with a population
+ so sparse and with so great a wealth of unused resources, will be
+ found more exposed to the repetition of such attempts as happened
+ this year when the surrounding States are more densely settled and the
+ westward movement of our population looks still more eagerly for
+ fresh lands to occupy. Under such circumstances the difficulty of
+ maintaining the Indian Territory in its present state will greatly
+ increase, and the Indian tribes inhabiting it would do well to prepare
+ for such a contingency. I therefore fully approve of the advice given
+ to them by the Secretary of the Interior on a recent occasion, to
+ divide among themselves in severalty as large a quantity of their
+ lands as they can cultivate; to acquire individual title in fee
+ instead of their present tribal ownership in common, and to consider
+ in what manner the balance of their lands may be disposed of by the
+ Government for their benefit. By adopting such a policy they would
+ more certainly secure for themselves the value of their possessions,
+ and at the same time promote their progress in civilization and
+ prosperity, than by endeavoring to perpetuate the present state of
+ things in the Territory.
+</p>
+<p>
+ The question whether a change in the control of the Indian service
+ should be made was in the Forty-fifth Congress referred to a joint
+ committee of both Houses for inquiry and report. In my last annual
+ message I expressed the hope that the decision of that question, then
+ in prospect, would "arrest further agitation of this subject, such
+ agitation being apt to produce a disturbing effect upon the service as
+ well as on the Indians themselves." Since then, the committee having
+ reported, the question has been decided in the negative by a vote in
+ the House of Representatives.
+</p>
+<p>
+ For the reasons here stated, and in view of the fact that further
+ uncertainty on this point will be calculated to obstruct other
+ much-needed legislation, to weaken the discipline of the service, and
+ to unsettle salutary measures now in progress for the government and
+ improvement of the Indians, I respectfully recommend that the decision
+ arrived at by Congress at its last session be permitted to stand.
+</p>
+<p>
+ The efforts made by the Department of the Interior to arrest the
+ depredations on the timber lands of the United States have been
+ continued, and have met with considerable success. A large number of
+ cases of trespass have been prosecuted in the courts of the United
+ States; others have been settled, the trespassers offering to make
+ payment to the Government for the value of the timber taken by them.
+ The proceeds of these prosecutions and settlements turned into the
+ Treasury far exceed in amount the sums appropriated by Congress for
+ this purpose. A more important result, however, consists in the fact
+ that the destruction of our public forests by depredation, although
+ such cases still occur, has been greatly reduced in extent, and it
+ is probable that if the present policy is vigorously pursued and
+ sufficient provision to that end is made by Congress such trespasses,
+ at least those on a large scale, can be entirely suppressed, except
+ in the Territories, where timber for the daily requirements of the
+ population can not, under the present state of the law, be otherwise
+ obtained. I therefore earnestly invite the attention of Congress to
+ the recommendation made by the Secretary of the Interior, that a law
+ be enacted enabling the Government to sell timber from the public
+ lands without conveying the fee, where such lands are principally
+ valuable for the timber thereon, such sales to be so regulated as to
+ conform to domestic wants and business requirements, while at the
+ same time guarding against a sweeping destruction of the forests. The
+ enactment of such a law appears to become a more pressing necessity
+ every day.
+</p>
+<p>
+ My recommendations in former messages are renewed in favor of
+ enlarging the facilities of the Department of Agriculture. Agriculture
+ is the leading interest and the permanent industry of our people. It
+ is to the abundance of agricultural production, as compared with our
+ home consumption, and the largely increased and highly profitable
+ market abroad which we have enjoyed in recent years, that we are
+ mainly indebted for our present prosperity as a people. We must look
+ for its continued maintenance to the same substantial resource.
+ There is no branch of industry in which labor, directed by scientific
+ knowledge, yields such increased production in comparison with
+ unskilled labor, and no branch of the public service to which the
+ encouragement of liberal appropriations can be more appropriately
+ extended. The omission to render such aid is not a wise economy,
+ but, on the contrary, undoubtedly results in losses of immense sums
+ annually that might be saved through well-directed efforts by the
+ Government to promote this vital interest.
+</p>
+<p>
+ The results already accomplished with the very limited means
+ heretofore placed at the command of the Department of Agriculture is
+ an earnest of what may be expected with increased appropriations for
+ the several purposes indicated in the report of the Commissioner, with
+ a view to placing the Department upon a footing which will enable it
+ to prosecute more effectively the objects for which it is established.
+</p>
+<p>
+ Appropriations are needed for a more complete laboratory, for the
+ establishment of a veterinary division and a division of forestry, and
+ for an increase of force.
+</p>
+<p>
+ The requirements for these and other purposes, indicated in the report
+ of the Commissioner under the head of the immediate necessities of the
+ Department, will not involve any expenditure of money that the country
+ can not with propriety now undertake in the interests of agriculture.
+</p>
+<p>
+ It is gratifying to learn from the Bureau of Education the extent to
+ which educational privileges throughout the United States have been
+ advanced during the year. No more fundamental responsibility rests
+ upon Congress than that of devising appropriate measures of financial
+ aid to education, supplemental to local action in the States and
+ Territories and in the District of Columbia. The wise forethought of
+ the founders of our Government has not only furnished the basis for
+ the support of the common-school systems of the newer States, but laid
+ the foundations for the maintenance of their universities and colleges
+ of agriculture and the mechanic arts. Measures in accordance with this
+ traditional policy, for the further benefit of all these interests and
+ the extension of the same advantages to every portion of the country,
+ it is hoped will receive your favorable consideration.
+</p>
+<p>
+ To preserve and perpetuate the national literature should be among the
+ foremost cares of the National Legislature. The library gathered at
+ the Capitol still remains unprovided with any suitable accommodations
+ for its rapidly increasing stores. The magnitude and importance of the
+ collection, increased as it is by the deposits made under the law of
+ copyright, by domestic and foreign exchanges, and by the scientific
+ library of the Smithsonian Institution, call for building
+ accommodations which shall be at once adequate and fireproof. The
+ location of such a public building, which should provide for the
+ pressing necessities of the present and for the vast increase of the
+ nation's books in the future, is a matter which addresses itself to
+ the discretion of Congress. It is earnestly recommended as a measure
+ which should unite all suffrages and which should no longer be
+ delayed.
+</p>
+<p>
+ The joint commission created by the act of Congress of August 2, 1876,
+ for the purpose of supervising and directing the completion of the
+ Washington National Monument, of which commission the President is a
+ member, has given careful attention to this subject, and already the
+ strengthening of the foundation has so far progressed as to insure the
+ entire success of this part of the work. A massive layer of masonry
+ has been introduced below the original foundation, widening the base,
+ increasing the stability of the structure, and rendering it possible
+ to carry the shaft to completion. It is earnestly recommended that
+ such further appropriations be made for the continued prosecution
+ of the work as may be necessary for the completion of this national
+ monument at an early day.
+</p>
+<p>
+ In former messages, impressed with the importance of the subject,
+ I have taken occasion to commend to Congress the adoption of a
+ generous policy toward the District of Columbia. The report of
+ the Commissioners of the District, herewith transmitted, contains
+ suggestions and recommendations, to all of which I earnestly invite
+ your careful attention. I ask your early and favorable consideration
+ of the views which they express as to the urgent need of legislation
+ for the reclamation of the marshes of the Potomac and its Eastern
+ Branch within the limits of the city, and for the repair of the
+ streets of the capital, heretofore laid with wooden blocks and now by
+ decay rendered almost impassable and a source of imminent danger
+ to the health of its citizens. The means at the disposal of the
+ Commissioners are wholly inadequate for the accomplishment of these
+ important works, and should be supplemented by timely appropriations
+ from the Federal Treasury.
+</p>
+<p>
+ The filling of the flats in front of the city will add to the adjacent
+ lands and parks now owned by the United States a large and valuable
+ domain, sufficient, it is thought, to reimburse its entire cost, and
+ will also, as an incidental result, secure the permanent improvement
+ of the river for the purposes of navigation.
+</p>
+<p>
+ The Constitution having invested Congress with supreme and exclusive
+ jurisdiction over the District of Columbia, its citizens must of
+ necessity look to Congress alone for all needful legislation affecting
+ their interests; and as the territory of this District is the common
+ property of the people of the United States, who equally with its
+ resident citizens are interested in the prosperity of their capital,
+ I can not doubt that you will be amply sustained by the general voice
+ of the country in any measures you may adopt for this purpose.
+</p>
+<p>
+ I also invite the favorable consideration of Congress to the wants of
+ the public schools of this District, as exhibited in the report of the
+ Commissioners. While the number of pupils is rapidly increasing,
+ no adequate provision exists for a corresponding increase of school
+ accommodation, and the Commissioners are without the means to meet
+ this urgent need. A number of the buildings now used for school
+ purposes are rented, and are in important particulars unsuited for the
+ purpose. The cause of popular education in the District of Columbia is
+ surely entitled to the same consideration at the hands of the
+ National Government as in the several States and Territories, to which
+ munificent grants of the public lands have been made for the endowment
+ of schools and universities.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 19, 1879</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a draft of a bill submitted
+ by the Board of Commissioners of the District of Columbia, entitled
+ "A bill to provide for the reclamation of the marshes in the harbors
+ of the cities of Washington and Georgetown, and for other purposes,"
+ together with the accompanying letter of the president of the board
+ requesting its transmission to Congress.
+</p>
+<p>
+ The bill embraces a plan for the reclamation of the marshes of the
+ Potomac River and its Eastern Branch within the limits of the city
+ of Washington, and is carefully framed with a view to economy in the
+ prosecution of the work. The attention of Congress is again invited to
+ the urgent need of legislation for this important work, which has been
+ so long delayed.
+</p>
+<p>
+ The improvement contemplated is essential to the health of those who
+ reside, whether permanently or temporarily, at the capital, and to
+ the safe and convenient navigation of the waters in its vicinity by
+ vessels employed in the service of the Government and for the purposes
+ of commerce. It is a measure of more than local benefit. The capital
+ of the nation should be relieved from every disadvantage which it is
+ practicable to remove, and should possess every attraction with which
+ it can be invested by the intelligent and fostering care of those
+ who are intrusted with its immediate supervision. The people of the
+ country will sustain and approve the efforts of their representatives
+ in the discharge of this responsibility.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 7, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In reply to a resolution of the Senate of December 3, 1879, requesting
+ the President of the United States to inform the Senate whether
+ payments have been made to the Ute Indians in accordance with the
+ fourth article of an agreement made with said Indians September 3,
+ 1873, I transmit herewith a letter from the Secretary of the Interior
+ and accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>January 12, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to resolution of the House of Representatives of the 3d
+ of December, 1879, relative to the consulate at Hongkong, I transmit
+ herewith a report from the Secretary of State, with its accompanying
+ papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 14, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have the honor herewith to transmit the final report of the board
+ for testing iron, steel, and other metals, with the accompanying
+ papers. These papers constitute the remainder of the reports made
+ by the board, which were transmitted by me to the House of
+ Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,
+ Forty-fifth Congress, second session).
+</p>
+<p>
+ The United States testing machine at Watertown Arsenal, constructed
+ for the board, is reported as being of great value in the
+ determination of data and the solution of problems of interest to the
+ people of the whole country, and the special attention of Congress
+ is called to the necessity of an appropriation to enable the War
+ Department to make use of it. An estimate of $20,000 for the purpose
+ was submitted to Congress in the last Book of Estimates (see p. 82),
+ and an appropriation of that sum is respectfully recommended.
+</p>
+<p>
+ The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),
+ made an appropriation for completing the experiments in testing
+ iron, steel, and other metals, and provided that the board should
+ be discontinued from and after the expenditure of the amount
+ appropriated. In accordance with this legislation, the board ceased to
+ exist on the 30th of June, 1879.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 21, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention between the United States of America
+ and the French Republic for the settlement of certain claims of the
+ citizens of either country against the other.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 26, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the 21st
+ instant, requesting the Commissioner of Agriculture to furnish all
+ information which he may have in his possession bearing upon the
+ culture of the sugar beet, etc., the accompanying letter and report,
+ received from the Acting Commissioner of Agriculture for this purpose,
+ are herewith transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 5, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to a resolution of the House of Representatives of the 3d
+ instant, requesting the Commissioner of Agriculture to forward any
+ facts or statistics in his office on the subject of forestry not
+ heretofore published from his Department, the following report,
+ received from the Commissioner, upon this subject is hereby
+ transmitted.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 16, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of
+ the 5th instant, calling for any information which I may have received
+ of the proceedings of the International Polar Congress convened in
+ Hamburg, Germany, October 1, 1879, I transmit herewith a report from
+ the Secretary of State on the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 16, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 19th of
+ January, 1880, calling for information in relation to claims before
+ the American-Spanish Claims Commission and the proceedings of the
+ commission, I transmit herewith a report from the Secretary of State
+ upon the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 24, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit a communication from the Attorney-General, with
+ reference to the requisite appropriation for the current fiscal year
+ for the compensation, of the marshals of the United States, including
+ their reimbursement for necessary expenditures in the discharge of
+ their official duties.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 25, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a preliminary report and a draft
+ of a bill submitted by the Public Lands Commission authorized by the
+ act of Congress approved March 3, 1879.
+</p>
+<p>
+ The object of the report and of the bill accompanying it is of such
+ importance that I respectfully commend it to the prompt and earnest
+ consideration of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 27, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 27th ultimo,
+ I transmit herewith a report from the Secretary of State, with
+ its papers, relating to the claim of Max. Bromberger against the
+ Government of Mexico.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 27, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, for its consideration with a view
+ to ratification, a treaty between the Government of the United
+ States and His Highness Sultan Abdallah, King of Johanna, concerning
+ commercial intercourse with that independent East African island,
+ concluded at Johanna Town on the 4th day of October, 1879.
+</p>
+<p>
+ For your better understanding of the subject, I transmit also the
+ correspondence of Commodore Shufeldt with the Navy Department, which
+ accompanied the treaty, describing the condition and resources of the
+ island of Johanna and narrating the progress of the negotiation, which
+ was undertaken under the general instructions of the Department of
+ State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 1, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I deem it proper to invite the attention of Congress to the subject of
+ the unsettled claims of Spanish inhabitants of East Florida during the
+ years of 1812 and 1813, generally known as the "East Florida claims,"
+ the settlement of which is provided for by a stipulation found in
+ Article IX of the treaty of February, 1819, between the United States
+ and Spain. The provision of the treaty in question which relates to
+ the subject is the following:
+</p>
+<p class="q">
+ The United States will cause satisfaction to be made for the
+ injuries, if any, which by process of law shall be established
+ to have been suffered by the Spanish officers and individual
+ Spanish inhabitants by the late operations of the American
+ army in Florida.
+</p>
+<p>
+ The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at
+ Large, p. 768), to carry into effect the ninth article of the treaty
+ in question, provided for the examination and judicial ascertainment
+ of the claims by the judges of the superior courts established at St.
+ Augustine and Pensacola, and also made provision for the payment by
+ the Secretary of the Treasury of such claims as might be reported to
+ him by the said judges, upon his being satisfied that such claims were
+ just and equitable; and a subsequent act, approved the 26th of June,
+ 1834 (6 U.S. Statutes at Large, p. 569), gave further directions for
+ the payment, and also provided for the hearing and determination by
+ the judge of the superior court of St. Augustine of such claims as
+ had not then been already heard and determined. Under these acts
+ of Congress I understand that all claims presented to the judges in
+ Florida were passed upon and the result of the proceedings thus had
+ reported to the Secretary of the Treasury. It also appears that in
+ the computation of damages the judges adopted a rule of 5 per cent per
+ annum on the ascertained actual loss from the date of that loss to the
+ time of the rendition of their finding, and that the Secretary of the
+ Treasury in 1836, when the first reports were presented to him, not
+ deeming this portion of the claims covered by the 5 per cent rule
+ just and equitable within the meaning of the treaty and the acts of
+ Congress, refused to pay it, but did continue to pay the ascertained
+ amounts of actual loss. The demand for payment of this rejected
+ item has been pressed at various times and in various ways up to the
+ present time, but Mr. Woodbury's successors in the Treasury Department
+ have not felt at liberty to review that ruling.
+</p>
+<p>
+ Under these circumstances I have thought it proper to lay the subject
+ before Congress for its consideration and such action as may be deemed
+ necessary. The history of the proceedings already had in regard to the
+ matter is of record in the Treasury Department, and will be furnished
+ by the Secretary of the Treasury should Congress desire it.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 8, 1880</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ I transmit herewith the report of the Secretary of State and the
+ accompanying papers, in response to the resolution adopted by the
+ Senate on the 11th day of February last, requesting copies of all
+ correspondence between this Government and any foreign government
+ since February, 1869, respecting a ship canal across the isthmus
+ between North America and South America, together with copies of any
+ <i>projet</i> of treaties respecting the same which the Department of State
+ may have proposed or submitted since that date to any foreign power or
+ its diplomatic representative.
+</p>
+<p>
+ In further compliance with the resolution of the Senate, I deem it
+ proper to state briefly my opinion as to the policy of the United
+ States with respect to the construction of an interoceanic canal by
+ any route across the American Isthmus.
+</p>
+<p>
+ The policy of this country is a canal under American control. The
+ United States can not consent to the surrender of this control to any
+ European power or to any combination of European powers. If existing
+ treaties between the United States and other nations or if the rights
+ of sovereignty or property of other nations stand in the way of this
+ policy&mdash;a contingency which is not apprehended&mdash;suitable steps should
+ be taken by just and liberal negotiations to promote and establish the
+ American policy on this subject consistently with the rights of the
+ nations to be affected by it.
+</p>
+<p>
+ The capital invested by corporations or citizens of other countries in
+ such an enterprise must in a great degree look for protection to
+ one or more of the great powers of the world. No European power
+ can intervene for such protection without adopting measures on this
+ continent which the United States would deem wholly inadmissible. If
+ the protection of the United States is relied upon, the United States
+ must exercise such control as will enable this country to protect
+ its national interests and maintain the rights of those whose private
+ capital is embarked in the work.
+</p>
+<p>
+ An interoceanic canal across the American Isthmus will essentially
+ change the geographical relations between the Atlantic and Pacific
+ coasts of the United States and between the United States and the rest
+ of the world. It would be the great ocean thoroughfare between our
+ Atlantic and our Pacific shores, and virtually a part of the coast
+ line of the United States. Our merely commercial interest in it is
+ greater than that of all other countries, while its relations to our
+ power and prosperity as a nation, to our means of defense, our unity,
+ peace, and safety, are matters of paramount concern to the people
+ of the United States. No other great power would under similar
+ circumstances fail to assert a rightful control over a work so closely
+ and vitally affecting its interest and welfare.
+</p>
+<p>
+ Without urging further the grounds of my opinion, I repeat, in
+ conclusion, that it is the right and the duty of the United States
+ to assert and maintain such supervision and authority over any
+ interoceanic canal across the isthmus that connects North and South
+ America as will protect our national interests. This, I am quite sure,
+ will be found not only compatible with but promotive of the widest and
+ most permanent advantage to commerce and civilization.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<center>
+ [A similar message was sent to the House of Representatives, in answer
+ to a resolution of that body of February 10.]
+</center>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 9, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a report from the Secretary
+ of the Interior, containing an agreement signed by the chiefs and
+ headmen of the Ute Indians now present at the seat of Government. The
+ stipulations of this agreement appear to me so reasonable and just and
+ the object to be accomplished by its execution so eminently desirable
+ to both the white people of the United States and the Indians that it
+ has my cordial approval, and I earnestly commend it to Congress for
+ favorable consideration and appropriate legislative action.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, <i>March 9, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, for its consideration with a
+ view to ratification, a convention between the United States and His
+ Majesty the King of the Belgians, defining the rights, immunities, and
+ privileges of consular officers, concluded this day at Washington.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 9, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report, dated on the 9th instant, from the
+ Secretary of State, with the accompanying papers, in answer to
+ a resolution of the House of Representatives of the 25th ultimo,
+ requesting the President to transmit to that body, if not deemed
+ incompatible with the public interest, copies of such dispatches
+ as have recently been received by the Secretary of State from the
+ consul-general at Shanghai upon the subject of slavery in China and
+ those portions of the penal code of China which forbid expatriation.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 12, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of March 2,
+ 1880, requesting the Secretary of State to communicate to the House
+ certain information in relation to the publication and circulation of
+ commercial reports, I transmit herewith a report from the Secretary of
+ State, with its accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>March 29, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 29th of
+ January, 1880, calling for information in relation to the awards of
+ the mixed commission organized under the provisions of the treaty of
+ April 25, 1866, between the United States and Venezuela, I transmit
+ herewith a report from the Secretary of State upon the subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>April 12, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In response to the resolution of the House of Representatives of the
+ 12th of February last, on the subject of negotiations concerning the
+ immigration of Chinese to the United States, I transmit a report of
+ the Secretary of State, to whom the matter was referred.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>April 15, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to the resolution of the Senate of the 27th of February
+ last, concerning the action had by the Executive with respect to the
+ investigation of certain cases in which awards were made by the late
+ United States and Mexican Commission, I transmit herewith a report of
+ the Secretary of State, to whom the matter was referred.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., April 16, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ The board for testing iron, steel, and other metals, appointed under
+ the authority of "An act making appropriations for sundry civil
+ expenses of the Government for the fiscal year ending June 30, 1876,
+ and for other purposes," contracted with Mr. A.H. Emery, of New York,
+ for a testing machine, to be paid out of the appropriation made for
+ the purpose. That machine has been completed and accepted, and is now
+ in position at the Watertown Arsenal, Mass. It is spoken of by the
+ members composing the late board as the most perfect and reliable
+ machine in the world, embodying new mechanical principles and
+ combinations not heretofore used in any other constructions.
+</p>
+<p>
+ In designing, perfecting, and making this machine the contractor
+ has expended large sums of money over and above the contract
+ price, besides giving years of labor, for which he has received no
+ compensation. He now appeals to Congress for relief, and the papers
+ herewith exhibit a case that calls for Congressional action. It is
+ respectfully submitted to the House of Representatives, recommending
+ speedy and favorable consideration.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>April 22, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to inform Congress that Mr. J. Randolph Coolidge,
+ Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
+ Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,
+ jr., desire to present to the United States the desk on which the
+ Declaration of Independence was written. It bears the following
+ inscription in the handwriting of Thomas Jefferson:
+</p>
+<p class="q">
+ Thomas Jefferson gives this writing desk to Joseph Coolidge,
+ jr., as a memorial of his affection. It was made from
+ a drawing of his own, by Ben. Randall, cabinetmaker of
+ Philadelphia, with whom he first lodged on his arrival in that
+ city in May, 1776, and is the identical one on which he wrote
+ the Declaration of Independence.
+</p><p class="q">
+ Politics, as well as religion, has its superstitions. These,
+ gaining strength with time, may one day give imaginary value
+ to this relic for its association with the birth of the great
+ charter of our independence.
+</p><p class="q">
+ Monticello, <i>November 18, 1825</i>.
+</p>
+<p>
+ The desk was placed in my possession by Hon. Robert C. Winthrop, and
+ is herewith transmitted to Congress with the letter of Mr. Winthrop
+ expressing the wish of the donors "to offer it to the United States,
+ so that it may henceforth have a place in the Department of State in
+ connection with the immortal instrument which was written upon it in
+ 1776."
+</p>
+<p>
+ I respectfully recommend that such action be taken by Congress as
+ may be deemed appropriate with reference to a gift to the nation
+ so precious in its history and for the memorable associations which
+ belong to it.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ WASHINGTON, D.C., <i>April 14, 1880</i>.
+</p>
+<p>
+His Excellency RUTHERFORD B. HAYES,<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ MY DEAR SIR: I have been privileged to bring with me from Boston, as a
+ present to the United States, a very precious historical relic. It is
+ the little desk on which Mr. Jefferson wrote the original draft of the
+ Declaration of Independence.
+</p>
+<p>
+ This desk was given by Mr. Jefferson himself to my friend, the late
+ Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's
+ granddaughter, Miss Randolph, and it bears an autograph inscription
+ of singular interest, written by the illustrious author of the
+ Declaration in the very last year of his life.
+</p>
+<p>
+ On the recent death of Mr. Coolidge, whose wife had died a year or
+ two previously, the desk became the property of their children, Mr.
+ J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson
+ Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to
+ the United States, so that it may henceforth have a place in the
+ Department of State in connection with the immortal instrument which
+ was written upon it in 1776.
+</p>
+<p>
+ They have done me the honor to make me the medium of this
+ distinguished gift, and I ask permission to place it in the hands of
+ the Chief Magistrate of the nation in their name and at their request.
+</p>
+<p>
+ Believe me, dear Mr. President, with the highest respect, very
+ faithfully, your obedient servant,
+</p>
+<p class="r">
+ ROBT. C. WINTHROP.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 13, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, in response to their resolution of
+ the 24th of March last, in relation to the fulfillment of the ninth
+ article of the treaty of 1819 between the United States and Spain, a
+ report of the Secretary of State on the correspondence asked for by
+ the resolution, with its accompanying documents, and in connection
+ therewith a previous report from the Secretary of State and an opinion
+ of the Attorney-General on the subject of the East Florida claims.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 17, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of
+ the 27th ultimo, calling for copies of the correspondence with the
+ Government of Great Britain in regard to the alleged outrage upon
+ American fishermen at Fortune Bay, in the Province of Newfoundland,
+ I transmit herewith the correspondence called for and a report from
+ the Secretary of State on the subject.
+</p>
+<p>
+ In transmitting this correspondence and the report I respectfully
+ ask the immediate and careful attention of Congress to the failure
+ of accord between the two Governments as to the interpretation and
+ execution of the fishery articles of the treaty of Washington, as
+ disclosed in this correspondence and elucidated by the exposition of
+ the subject by the Secretary of State.
+</p>
+<p>
+ I concur in the opinions of this report as to the measures proper to
+ be taken by this Government in maintenance of the rights accorded to
+ our fishermen by the British concession of the treaty and in providing
+ for suitable action toward securing an indemnity for the injury these
+ interests have already suffered.
+</p>
+<p>
+ Accordingly, I recommend to Congress the adoption of these measures,
+ with such attendant details of legislation as in the wisdom of
+ Congress shall seem expedient.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<center>
+ [The same message was sent to the Senate, in answer to a resolution of
+ that body of April 28.]
+</center>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>May 24, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I submit to the Senate, for its consideration with a view to
+ ratification, the accompanying convention for the extradition of
+ criminals, concluded between the United States and the Government of
+ His Majesty the King of the Netherlands on the 22d instant.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>May 25, 1880</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to transmit herewith a communication from the
+ Secretary of the Interior, with reference to the agreement made with
+ the chiefs of the Ute Indians recently in Washington, a copy of which
+ was submitted to Congress on the 9th of March last.
+</p>
+<p>
+ The special and immediate attention of Congress to the imminent danger
+ attending the postponement of appropriate legislation to carry into
+ effect the stipulations of this agreement is earnestly solicited.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 5, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In response to a resolution of the Senate of the 31st ultimo,
+ requesting the President "to communicate to the Senate whether any
+ supervisor or supervisors of the census appointed by and with the
+ advice and consent of the Senate have been removed from office by
+ him or with his consent," etc., I transmit herewith a report from the
+ Secretary of the Interior.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>May 4, 1880</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ After mature consideration of the bill entitled "An act making
+ appropriations to supply certain deficiencies in the appropriations
+ for the service of the Government for the fiscal year ending June
+ 30, 1880, and for other purposes," I return it to the House of
+ Representatives, in which it originated, with my objections to its
+ passage.
+</p>
+<p>
+ The bill appropriates about $8,000,000, of which over $600,000 is for
+ the payment of the fees of United States marshals and of the general
+ and special deputy marshals earned during the current fiscal year,
+ and their incidental expenses. The appropriations made in the bill are
+ needed to carry on the operations of the Government and to fulfill its
+ obligations for the payment of money long since due to its officers
+ for services and expenses essential to the execution of their
+ duties under the laws of the United States. The necessity for these
+ appropriations is so urgent and they have been already so long
+ delayed that if the bill before me contained no permanent or general
+ legislation unconnected with these appropriations it would receive
+ my prompt approval. It contains, however, provisions which materially
+ change, and by implication repeal, important parts of the laws for the
+ regulation of the United States elections. These laws have for several
+ years past been the subject of vehement political controversy, and
+ have been denounced as unnecessary, oppressive, and unconstitutional.
+ On the other hand, it has been maintained with equal zeal and
+ earnestness that the election laws are indispensable to fair and
+ lawful elections, and are clearly warranted by the Constitution.
+ Under these circumstances, to attempt in an appropriation bill the
+ modification or repeal of these laws is to annex a condition to the
+ passage of needed and proper appropriations, which tends to deprive
+ the Executive of that equal and independent exercise of discretion and
+ judgment which the Constitution contemplates.
+</p>
+<p>
+ The objection to the bill, therefore, to which I respectfully ask your
+ attention is that it gives a marked and deliberate sanction, attended
+ by no circumstances of pressing necessity, to the questionable and,
+ as I am clearly of opinion, the dangerous practice of tacking upon
+ appropriation bills general and permanent legislation. This practice
+ opens a wide door to hasty, inconsiderate, and sinister legislation.
+ It invites attacks upon the independence and constitutional powers of
+ the Executive by providing an easy and effective way of constraining
+ Executive discretion. Although of late this practice has been resorted
+ to by all political parties when clothed with power, it did not
+ prevail until forty years after the adoption of the Constitution, and
+ it is confidently believed that it is condemned by the enlightened
+ judgment of the country. The States which have adopted new
+ constitutions during the last quarter of a century have generally
+ provided remedies for the evil. Many of them have enacted that no law
+ shall contain more than one subject, which shall be plainly expressed
+ in its title. The constitutions of more than half of the States
+ contain substantially this provision, or some other of like intent and
+ meaning. The public welfare will be promoted in many ways by a return
+ to the early practice of the Government and to the true rule of
+ legislation, which is that every measure should stand upon its own
+ merits.
+</p>
+<p>
+ I am firmly convinced that appropriation bills ought not to contain
+ any legislation not relevant to the application or expenditure of the
+ money thereby appropriated, and that by a strict adherence to this
+ principle an important and much needed reform will be accomplished.
+</p>
+<p>
+ Placing my objection to the bill on this feature of its frame,
+ I forbear any comment upon the important general and permanent
+ legislation which it contains, as matter for specific and independent
+ consideration.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>June 15, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ After mature consideration of the bill entitled "An act regulating the
+ pay and appointment of deputy marshals," I am constrained to withhold
+ from it my approval, and to return it to the Senate, in which it
+ originated, with my objections to its passage.
+</p>
+<p>
+ The laws now in force on the subject of the bill before me are
+ contained in the following sections of the Revised Statutes:
+</p>
+<p class="q">
+ SEC. 2021. Whenever an election at which Representatives or
+ Delegates in Congress are to be chosen is held in any city
+ or town of 20,000 inhabitants or upward, the marshal for the
+ district in which the city or town is situated shall, on the
+ application in writing of at least two citizens residing in
+ such city or town, appoint special deputy marshals, whose
+ duty it shall be, when required thereto, to aid and assist
+ the supervisors of election in the verification of any list
+ of persons who may have registered or voted; to attend in each
+ election district or voting precinct at the times and places
+ fixed for the registration of voters, and at all times
+ or places when and where the registration may by law be
+ scrutinized and the names of registered voters be marked
+ for challenge; and also to attend, at all times for holding
+ elections, the polls in such district or precinct.
+</p><p class="q">
+ SEC. 2022. The marshal and his general deputies, and such
+ special deputies, shall keep the peace and support and protect
+ the supervisors of election in the discharge of their duties,
+ preserve order at such places of registration and at such
+ polls, prevent fraudulent registration and fraudulent voting
+ thereat, or fraudulent conduct on the part of any officer of
+ election, and immediately, either at the place of registration
+ or polling place, or elsewhere, and either before or after
+ registering or voting, to arrest and take into custody, with
+ or without process, any person who commits, or attempts or
+ offers to commit, any of the acts or offenses prohibited
+ herein, or who commits any offense against the laws of the
+ United States; but no person shall be arrested without process
+ for any offense not committed in the presence of the marshal
+ or his general or special deputies, or either of them, or of
+ the supervisors of election, or either of them; and for
+ the purposes of arrest or the preservation of the peace the
+ supervisors of election shall, in the absence of the marshal's
+ deputies, or if required to assist such deputies, have the
+ same duties and powers as deputy marshals; nor shall any
+ person, on the day of such election, be arrested without
+ process for any offense committed on the day of registration.
+</p><p class="q">
+ SEC. 2023. Whenever any arrest is made under any provision of
+ this title, the person so arrested shall forthwith be brought
+ before a commissioner, judge, or court of the United States
+ for examination of the offenses alleged against him; and such
+ commissioner, judge, or court shall proceed in respect thereto
+ as authorized by law in case of crimes against the United
+ States.
+</p><p class="q">
+ SEC. 2024. The marshal or his general deputies, or such
+ special deputies as are thereto specially empowered by him in
+ writing, and under his hand and seal, whenever he or either
+ or any of them is forcibly resisted in executing their duties
+ under this title, or shall by violence, threats, or menaces
+ be prevented from executing such duties or from arresting any
+ person who has committed any offense for which the marshal
+ or his general or his special deputies are authorized to make
+ such arrest, are, and each of them is, empowered to summon
+ and call to his aid the bystanders or <i>posse comitatus</i> of his
+ district.
+</p><p class="q">
+ SEC. 2028. No person shall be appointed a supervisor of
+ election or a deputy marshal under the preceding provisions
+ who is not at the time of his appointment a qualified voter of
+ the city, town, county, parish, election district, or voting
+ precinct in which his duties are to be performed.
+</p><p class="q">
+ SEC. 5521. If any person be appointed a supervisor of election
+ or a special deputy marshal under the provisions of title "The
+ elective franchise," and has taken the oath of office as such
+ supervisor of election or such special deputy marshal, and
+ thereafter neglects or refuses, without good and lawful
+ excuse, to perform and discharge fully the duties,
+ obligations, and requirements of such office until the
+ expiration of the term for which he was appointed, he shall
+ not only be subject to removal from office with loss of all
+ pay or emoluments, but shall be punished by imprisonment for
+ not less than six months nor more than one year, or by a fine
+ of not less than $200 and not more than $500, or by both fine
+ and imprisonment, and shall pay the costs of prosecution.
+</p><p class="q">
+ SEC. 5522. Every person, whether with or without any
+ authority, power, or process, or pretended authority, power,
+ or process, of any State, Territory, or municipality, who
+ obstructs, hinders, assaults, or by bribery, solicitation,
+ or otherwise interferes with or prevents the supervisors of
+ election, or either of them, or the marshal or his general or
+ special deputies, or either of them, in the performance of any
+ duty required of them, or either of them, or which he or they,
+ or either of them, may be authorized to perform by any law of
+ the United States, in the execution of process or otherwise,
+ or who by any of the means before mentioned hinders or
+ prevents the free attendance and presence at such places of
+ registration, or at such polls of election, or full and free
+ access and egress to and from any such place of registration
+ or poll of election, or in going to and from any such place
+ of registration or poll of election, or to and from any room
+ where any such registration or election or canvass of votes,
+ or of making any returns or certificates thereof, may be had,
+ or who molests, interferes with, removes, or ejects from
+ any such place of registration or poll of election, or
+ of canvassing votes cast thereat, or of making returns or
+ certificates thereof, any supervisor of election, the marshal
+ or his general or special deputies, or either of them, or
+ who threatens, or attempts or offers so to do, or refuses or
+ neglects to aid and assist any supervisor of election, or the
+ marshal or his general or special deputies, or either of them,
+ in the performance of his or their duties, when required
+ by him or them, or either of them, to give such aid and
+ assistance, shall be liable to instant arrest without process,
+ and shall be punished by imprisonment not more than two years,
+ or by a fine of not more than $3,000, or by both such fine and
+ imprisonment, and shall pay the cost of the prosecution.
+</p>
+<p>
+ The Supreme Court of the United States, in the recent case of <i>Ex
+ parte</i> Siebold and others, decided at the October term, 1879, on
+ the question raised in the case as to the constitutionality of the
+ sections of the Revised Statutes above quoted, uses the following
+ language:
+</p>
+<p class="q">
+ These portions of the Revised Statutes are taken from the act
+ commonly known as the enforcement act, approved May 31, 1870,
+ and entitled "An act to enforce the right of citizens of the
+ United States to vote in the several States of this Union,
+ and for other purposes," and from the supplement to that
+ act, approved February 28, 1871. They relate to elections of
+ members of the House of Representatives, and were an assertion
+ on the part of Congress of a power to pass laws for regulating
+ and superintending said elections and for securing the purity
+ thereof and the rights of citizens to vote thereat peaceably
+ and without molestation.
+</p><p class="q">
+ It must be conceded to be a most important power, and of a
+ fundamental character. In the light of recent history and of
+ the violence, fraud, corruption, and irregularity which have
+ frequently prevailed at such elections, it may easily be
+ conceived that the exertion of the power, if it exists, may be
+ necessary to the stability of our form of government.
+</p><p class="q">
+ The greatest difficulty in coming to a just conclusion arises
+ from mistaken notions with regard to the relations which
+ subsist between the State and National Governments. * * *
+</p><p class="q">
+ It seems to be often overlooked that a national constitution
+ has been adopted in this country, establishing a real
+ government therein, operating upon persons and territory and
+ things, and which, moreover, is, or should be, as dear to
+ every American citizen as his State government is. Whenever
+ the true conception of the nature of this Government is
+ once conceded, no real difficulty will arise in the just
+ interpretation of its powers; but if we allow ourselves to
+ regard it as a hostile organization, opposed to the proper
+ sovereignty and dignity of the State governments, we shall
+ continue to be vexed with difficulties as to its jurisdiction
+ and authority. No greater jealousy is required to be exercised
+ toward this Government in reference to the preservation of
+ our liberties than is proper to be exercised toward the State
+ governments. Its powers are limited in number and clearly
+ defined, and its action within the scope of those powers is
+ restrained by a sufficiently rigid bill of rights for the
+ protection of its citizens from oppression. The true interests
+ of the people of this country require that both the National
+ and State Governments should be allowed, without jealous
+ interference on either side, to exercise all the powers which
+ respectively belong to them according to a fair and practical
+ construction of the Constitution. State rights and the rights
+ of the United States should be equally respected. Both
+ are essential to the preservation of our liberties and
+ the perpetuity of our institutions. But in endeavoring to
+ vindicate the one we should not allow our zeal to nullify or
+ impair the other. * * *
+</p><p class="q">
+ The true doctrine, as we conceive, is this, that while the
+ States are really sovereign as to all matters which have not
+ been granted to the jurisdiction and control of the United
+ States, the Constitution and constitutional laws of the latter
+ are, as we have already said, the supreme law of the land,
+ and when they conflict with the laws of the States they are
+ of paramount authority and obligation. This is the fundamental
+ principle on which the authority of the Constitution is based,
+ and unless it be conceded in practice as well as theory the
+ fabric of our institutions, as it was contemplated by its
+ founders, can not stand. The questions involved have respect
+ not more to the autonomy and existence of the States than to
+ the continued existence of the United States as a government
+ to which every American citizen may look for security and
+ protection in every part of the land. * * *
+</p><p class="q">
+ Why do we have marshals at all if they can not physically lay
+ their hands on persons and things in the performance of their
+ proper duties? What functions can they perform if they can not
+ use force? In executing the process of the courts must they
+ call on the nearest constable for protection? Must they rely
+ on him to use the requisite compulsion and to keep the peace
+ while they are soliciting and entreating the parties and
+ bystanders to allow the law to take its course? This is the
+ necessary consequence of the positions that are assumed. If
+ we indulge in such impracticable views as these, and keep
+ on refining and re-refining, we shall drive the National
+ Government out of the United States and relegate it to the
+ District of Columbia, or perhaps to some foreign soil. We
+ shall bring it back to a condition of greater helplessness
+ than that of the old Confederation.
+</p><p class="q">
+ The argument is based on a strained and impracticable view
+ of the nature and powers of the National Government. It must
+ execute its powers or it is no government. It must execute
+ them on the land as well as on the sea, on things as well as
+ on persons. And to do this it must necessarily have power to
+ command obedience, preserve order, and keep the peace; and
+ no person or power in this land has the right to resist or
+ question its authority so long as it keeps within the bounds
+ of its jurisdiction.
+</p>
+<p>
+ I have deemed it fitting and proper to quote thus largely from an
+ important and elaborate opinion of the Supreme Court because the bill
+ before me proceeds upon a construction of the Constitution as to the
+ powers of the National Government which is in direct conflict with the
+ judgment of the highest judicial tribunal of our country.
+</p>
+<p>
+ Under the sections of the present law above quoted officers of the
+ United States are authorized, and it is their duty in the case of
+ Congressional elections, to keep the peace at the polls and at the
+ places of registration; to arrest immediately any person who is guilty
+ of crimes against the United States election laws; to protect all
+ officers of elections in the performance of their duties; and
+ whenever an arrest is made to bring the person so arrested before a
+ commissioner, judge, or court of the United States for examination of
+ the offenses alleged against him. "Such special deputy marshals as are
+ specially empowered thereto by the marshal in writing," if forcibly
+ resisted, may call to their aid the bystanders or <i>posse comitatus</i>.
+ It is made a crime punishable with fine or imprisonment to hinder,
+ assault, or otherwise interfere with the marshal or "his special
+ deputies," or to threaten or to attempt so to do. If any person
+ appointed such special deputy marshal has taken the oath of office and
+ thereafter neglects or refuses to fully discharge the duties of such
+ office, he is punishable not only by removal from office, but by fine
+ and imprisonment. The functions of the special deputy marshals
+ now provided for by law being executive, they are placed under the
+ authority of the well-known chief executive officer of the courts
+ of the United States. They are in fact, and not merely in name, the
+ deputies of the marshal, and he and his bondsmen are responsible for
+ them. A civil force for the execution of the law is thus instituted in
+ accordance with long-established and familiar usage, which is simple,
+ effective, and under a responsible head. The necessity for the
+ possession of these powers by appropriate officers will not be called
+ in question by intelligent citizens who appreciate the importance of
+ peaceable, orderly, and lawful elections. Similar powers are conferred
+ and exercised under State laws with respect to State elections. The
+ executive officers of the United States under the existing laws have
+ no other or greater power to supervise and control the conduct of the
+ Congressional elections than the State executive officers exercise in
+ regard to State elections.
+</p>
+<p>
+ The bill before me changes completely the present law by substituting
+ for the special deputy marshals of the existing statutes new officers
+ hitherto unknown to the law, and who lack the power, responsibility,
+ and protection which are essential to enable them to act efficiently
+ as executive officers.
+</p>
+<p>
+ The bill under consideration is as follows:
+</p>
+<p class="q">
+ <i>Be it enacted by the Senate and House of Representatives of
+ the United States of America in Congress assembled</i>, That
+ from and after the passage of this act the pay of all deputy
+ marshals for services in reference to any election shall be $5
+ for each day of actual service, and no more.
+</p><p class="q">
+ SEC. 2. That all deputy marshals to serve in reference to any
+ election shall be appointed by the circuit court of the United
+ States for the district in which such marshals are to perform
+ their duties in each year; and the judges of the several
+ circuit courts of the United States are hereby authorized to
+ open their respective courts at any time for that purpose; and
+ in case the circuit courts shall not be open for that purpose
+ at least ten days prior to a registration, if there be one,
+ or, if no registration be required, then at least ten days
+ before such election, the judges of the district courts of
+ the United States are hereby respectively authorized to cause
+ their courts to be opened for the purpose of appointing such
+ deputy marshals, who shall be appointed by the said district
+ courts; and the officers so appointed shall be in equal
+ numbers from the different political parties, and shall be
+ well-known citizens, of good moral character, and actual
+ residents of the voting precincts in which their duties are
+ to be performed, and shall not be candidates for any office
+ at such election; and all laws and parts of laws inconsistent
+ with this act are hereby repealed: <i>Provided</i>, That the
+ marshals of the United States for whom deputies shall be
+ appointed by the court under this act shall not be liable for
+ any of the acts of such deputies.
+</p>
+<p>
+ It will be observed that the deputy marshals proposed by the bill
+ before me are distinctly different officers from the special deputies
+ of the marshal, as such officers are now provided for in the statutes.
+ This bill does not connect the new officers with the existing laws
+ relating to special deputy marshals so as to invest the proposed
+ deputy marshals with the same powers, to impose upon them the same
+ duties, and to give them the same protection by means of the criminal
+ laws. When new officers are created, distinct in character and
+ appointed by different authority, although similar in name to
+ officers already provided for, such officers are not held by similar
+ responsibilities to the criminal law, do not possess the same powers,
+ and are not similarly protected unless it is expressly so provided by
+ legislation.
+</p>
+<p>
+ The so-called deputy marshals provided for in this bill will have no
+ executive head. The marshal can neither appoint nor remove them. He
+ can not control them, and he is not responsible for them. They will
+ have no authority to call to their aid, if resisted, the <i>posse
+ comitatus</i>. They are protected by no criminal statutes in the
+ performance of their duties. An assault upon one of these deputies
+ with the intent to prevent a lawful election will be no more than an
+ ordinary assault upon any other citizen. They can not keep the peace.
+ They can not make arrests when crimes are committed in their presence.
+ Whatever powers they have are confined to the precincts in which they
+ reside. Outside of the precincts for which they are appointed the
+ deputy marshals of this bill can not keep the peace, make arrests,
+ hold prisoners, take prisoners before a proper tribunal for hearing,
+ nor perform any other duty. No oaths of office are required of them,
+ and they give no bond. They have no superior who is responsible for
+ them, and they are not punishable for neglect of duty or misconduct in
+ office. In all these respects this bill makes a radical change between
+ the powers of the United States officers at national elections and the
+ powers uniformly possessed and exercised by State officers at State
+ elections. This discrimination against the authority of the United
+ States is a departure from the usage of the Government established by
+ precedents beginning with the earliest statutes on the subject, and
+ violates the true principles of the Constitution. The Supreme Court,
+ in the decision already referred to, says:
+</p>
+<p class="q">
+ It is argued that the preservation of peace and good order in
+ society is not within the powers confided to the Government of
+ the United States, but belongs exclusively to the States. Here
+ again we are met with the theory that the Government of the
+ United States does not rest upon the soil and territory of
+ the country. We think that this theory is founded on an entire
+ misconception of the nature and powers of that Government.
+ We hold it to be an incontrovertible principle that the
+ Government of the United States may, by means of physical
+ force, exercised through its official agents, execute on every
+ foot of American soil the powers and functions that belong to
+ it. This necessarily involves the power to command obedience
+ to its laws, and hence the power to keep the peace to that
+ extent.
+</p><p class="q">
+ This power to enforce its laws and to execute its functions
+ in all places does not derogate from the power of the State to
+ execute its laws at the same time and in the same places. The
+ one does not exclude the other, except where both can not
+ be executed at the same time. In that case the words of the
+ Constitution itself show which is to yield. "This Constitution
+ and all laws which shall be made in pursuance thereof * * *
+ shall be the supreme law of the land."
+</p>
+<p>
+ In conclusion it is proper to say that no objection would be made to
+ the appointment of officers to act with reference to the elections by
+ the courts of the United States, and that I am in favor of appointing
+ officers to supervise and protect the elections without regard to
+ party; but the bill before me, while it recognizes the power and duty
+ of the United States to provide officers to guard and scrutinize the
+ Congressional elections, fails to adapt its provisions to the existing
+ laws so as to secure efficient supervision and protection. It is
+ therefore returned to the Senate, in which it originated, for that
+ further consideration which is contemplated by the Constitution.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has become known to me that certain evil-disposed persons
+ have within the territory and jurisdiction of the United States begun
+ and set on foot preparations for an organized and forcible possession
+ of and settlement upon the lands of what is known as the Indian
+ Territory, west of the State of Arkansas, which Territory is
+ designated, recognized, and described by the treaties and laws of the
+ United States and by the executive authorities as Indian country, and
+ as such is only subject to occupation by Indian tribes, officers of
+ the Indian Department, military posts, and such persons as may be
+ privileged to reside and trade therein under the intercourse laws of
+ the United States; and
+</p>
+<p>
+ Whereas those laws provide for the removal of all persons residing and
+ trading therein without express permission of the Indian Department
+ and agents, and also of all persons whom such agents may deem to be
+ improper persons to reside in the Indian country; and
+</p>
+<p>
+ Whereas, in aid and support of such organized movement, it has been
+ represented that no further action will be taken by the Government to
+ prevent persons from going into said territory and settling therein,
+ but such representations are wholly without authority:
+</p>
+<p>
+ Now, therefore, for the purpose of properly protecting the interests
+ of the Indian nations and tribes, as well as of the United States, in
+ said Indian Territory, and of duly enforcing the laws governing the
+ same, I, Rutherford B. Hayes, President of the United States, do
+ admonish and warn all such persons so intending or preparing to remove
+ upon said lands or into said Territory without permission of the
+ proper agent of the Indian Department against any attempt to so remove
+ or settle upon any of the lands of said Territory; and I do further
+ warn and notify any and all such persons who may so offend that they
+ will be speedily and immediately removed therefrom by the agent,
+ according to the laws made and provided, and that no efforts will be
+ spared to prevent the invasion of said Territory, rumors spread
+ by evil-disposed persons to the contrary notwithstanding; and if
+ necessary the aid and assistance of the military forces of the United
+ States will be invoked to carry into proper execution the laws of the
+ United States herein referred to.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 12th day of February, A.D. 1880,
+ and of the Independence of the United States the one hundred and
+ fourth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ At no period in their history since the United States became a nation
+ has this people had so abundant and so universal reasons for joy and
+ gratitude at the favor of Almighty God or been subject to so profound
+ an obligation to give thanks for His loving kindness and humbly to
+ implore His continued care and protection.
+</p>
+<p>
+ Health, wealth, and prosperity throughout all our borders; peace,
+ honor, and friendship with all the world; firm and faithful adherence
+ by the great body of our population to the principles of liberty and
+ justice which have made our greatness as a nation, and to the wise
+ institutions and strong frame of government and society which will
+ perpetuate it&mdash;for all these let the thanks of a happy and united
+ people, as with one voice, ascend in devout homage to the Giver of All
+ Good.
+</p>
+<p>
+ I therefore recommend that on Thursday, the 25th 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.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 1st day of November, A.D. 1880,
+ and of the Independence of the United States the one hundred and
+ fifth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p>
+
+
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas satisfactory evidence has been given to me by the Government
+ of His Majesty the Emperor of China that no discriminating duties of
+ tonnage or imposts are imposed or levied in the ports of that nation
+ upon vessels wholly belonging to citizens of the United States, or
+ upon the produce, manufactures, or merchandise imported in the same:
+</p>
+<p>
+ Therefore, I, Rutherford B. Hayes, President of the United States of
+ America, by virtue of the authority in me vested by law, do hereby
+ declare and proclaim that the foreign discriminating duties of tonnage
+ and impost within the United States are and shall be suspended and
+ discontinued so far as respects the vessels of China and the produce,
+ manufactures, and merchandise imported therein into the United
+ States from China, or from any other foreign country, so long as
+ the exemption aforesaid on the part of China of vessels belonging to
+ citizens of the United States and their cargoes shall be continued and
+ no longer.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 23d day of November, A.D. 1880,
+ and of the Independence of the United States of America the one
+ hundred and fifth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDER.
+</h2>
+<center>
+ [From the Evening Star, Washington, D.C., May 27, 1880.]
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., May 27, 1880</i>.
+</p>
+<p>
+ DEAR SIR:<a href="#note-41"><small>41</small></a> I am directed by the President to say that the several
+ Departments of the Government will be closed on Saturday, the 29th
+ instant, in remembrance of those who fell in defense of the nation,
+ and to enable the employees to participate in the commemorative
+ ceremonies of the day.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ W.K. ROGERS,<br>
+ <i>Private Secretary</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ FOURTH ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>December 6, 1880</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ I congratulate you on the continued and increasing prosperity of our
+ country. By the favor of Divine Providence we have been blessed during
+ the past year with health, with abundant harvests, with profitable
+ employment for all our people, and with contentment at home, and
+ with peace and friendship with other nations. The occurrence of
+ the twenty-fourth election of Chief Magistrate has afforded another
+ opportunity to the people of the United States to exhibit to the world
+ a significant example of the peaceful and safe transmission of the
+ power and authority of government from the public servants whose terms
+ of office are about to expire to their newly chosen successors. This
+ example can not fail to impress profoundly thoughtful people of other
+ countries with the advantages which republican institutions afford.
+ The immediate, general, and cheerful acquiescence of all good citizens
+ in the result of the election gives gratifying assurance to our
+ country and to its friends throughout the world that a government
+ based on the free consent of an intelligent and patriotic people
+ possesses elements of strength, stability, and permanency not found in
+ any other form of government.
+</p>
+<p>
+ Continued opposition to the full and free enjoyment of the rights of
+ citizenship conferred upon the colored people by the recent amendments
+ to the Constitution still prevails in several of the late slaveholding
+ States. It has, perhaps, not been manifested in the recent election to
+ any large extent in acts of violence or intimidation. It has, however,
+ by fraudulent practices in connection with the ballots, with the
+ regulations as to the places and manner of voting, and with counting,
+ returning, and canvassing the votes cast, been successful in defeating
+ the exercise of the right preservative of all rights&mdash;the right
+ of suffrage&mdash;which the Constitution expressly confers upon our
+ enfranchised citizens.
+</p>
+<p>
+ It is the desire of the good people of the whole country that
+ sectionalism as a factor in our politics should disappear. They prefer
+ that no section of the country should be united in solid opposition
+ to any other section. The disposition to refuse a prompt and hearty
+ obedience to the equal-rights amendments to the Constitution is all
+ that now stands in the way of a complete obliteration of sectional
+ lines in our political contests. As long as either of these amendments
+ is flagrantly violated or disregarded, it is safe to assume that
+ the people who placed them in the Constitution, as embodying the
+ legitimate results of the war for the Union, and who believe them to
+ be wise and necessary, will continue to act together and to insist
+ that they shall be obeyed. The paramount question still is as to the
+ enjoyment of the right by every American citizen who has the requisite
+ qualifications to freely cast his vote and to have it honestly
+ counted. With this question rightly settled, the country will be
+ relieved of the contentions of the past; bygones will indeed be
+ bygones, and political and party issues, with respect to economy
+ and efficiency of administration, internal improvements, the tariff,
+ domestic taxation, education, finance, and other important subjects,
+ will then receive their full share of attention; but resistance to
+ and nullification of the results of the war will unite together in
+ resolute purpose for their support all who maintain the authority of
+ the Government and the perpetuity of the Union, and who adequately
+ appreciate the value of the victory achieved. This determination
+ proceeds from no hostile sentiment or feeling to any part of the
+ people of our country or to any of their interests. The inviolability
+ of the amendments rests upon the fundamental principle of our
+ Government. They are the solemn expression of the will of the people
+ of the United States.
+</p>
+<p>
+ The sentiment that the constitutional rights of all our citizens must
+ be maintained does not grow weaker. It will continue to control the
+ Government of the country. Happily, the history of the late election
+ shows that in many parts of the country where opposition to the
+ fifteenth amendment has heretofore prevailed it is diminishing, and is
+ likely to cease altogether if firm and well-considered action is taken
+ by Congress. I trust the House of Representatives and the Senate,
+ which have the right to judge of the elections, returns, and
+ qualifications of their own members, will see to it that every case
+ of violation of the letter or spirit of the fifteenth amendment is
+ thoroughly investigated, and that no benefit from such violation shall
+ accrue to any person or party. It will be the duty of the Executive,
+ with sufficient appropriations for the purpose, to prosecute
+ unsparingly all who have been engaged in depriving citizens of the
+ rights guaranteed to them by the Constitution.
+</p>
+<p>
+ It is not, however, to be forgotten that the best and surest guaranty
+ of the primary rights of citizenship is to be found in that capacity
+ for self-protection which can belong only to a people whose right to
+ universal suffrage is supported by universal education. The means
+ at the command of the local and State authorities are in many cases
+ wholly inadequate to furnish free instruction to all who need it.
+ This is especially true where before emancipation the education of the
+ people was neglected or prevented, in the interest of slavery. Firmly
+ convinced that the subject of popular education deserves the earnest
+ attention of the people of the whole country, with a view to wise
+ and comprehensive action by the Government of the United States, I
+ respectfully recommend that Congress, by suitable legislation and
+ with proper safeguards, supplement the local educational funds in
+ the several States where the grave duties and responsibilities of
+ citizenship have been devolved on uneducated people by devoting to
+ the purpose grants of the public lands and, if necessary, by
+ appropriations from the Treasury of the United States. Whatever
+ Government can fairly do to promote free popular education ought to be
+ done. Wherever general education is found, peace, virtue, and social
+ order prevail and civil and religious liberty are secure.
+</p>
+<p>
+ In my former annual messages I have asked the attention of Congress to
+ the urgent necessity of a reformation of the civil-service system
+ of the Government. My views concerning the dangers of patronage,
+ or appointments for personal or partisan considerations, have been
+ strengthened by my observation and experience in the Executive office,
+ and I believe these dangers threaten the stability of the Government.
+ Abuses so serious in their nature can not be permanently tolerated.
+ They tend to become more alarming with the enlargement of
+ administrative service, as the growth of the country in population
+ increases the number of officers and placemen employed.
+</p>
+<p>
+ The reasons are imperative for the adoption of fixed rules for the
+ regulation of appointments, promotions, and removals, establishing
+ a uniform method having exclusively in view in every instance the
+ attainment of the best qualifications for the position in question.
+ Such a method alone is consistent with the equal rights of all
+ citizens and the most economical and efficient administration of the
+ public business.
+</p>
+<p>
+ Competitive examinations in aid of impartial appointments and
+ promotions have been conducted for some years past in several of
+ the Executive Departments, and by my direction this system has been
+ adopted in the custom-houses and post-offices of the larger cities of
+ the country. In the city of New York over 2,000 positions in the civil
+ service have been subject in their appointments and tenure of place to
+ the operation of published rules for this purpose during the past
+ two years. The results of these practical trials have been very
+ satisfactory, and have confirmed my opinion in favor of this system of
+ selection. All are subjected to the same tests, and the result is free
+ from prejudice by personal favor or partisan influence. It secures for
+ the position applied for the best qualifications attainable among the
+ competing applicants. It is an effectual protection from the pressure
+ of importunity, which under any other course pursued largely exacts
+ the time and attention of appointing officers, to their great
+ detriment in the discharge of other official duties, preventing the
+ abuse of the service for the mere furtherance of private or party
+ purposes, and leaving the employee of the Government, freed from the
+ obligations imposed by patronage, to depend solely upon merit for
+ retention and advancement, and with this constant incentive to
+ exertion and improvement.
+</p>
+<p>
+ These invaluable results have been attained in a high degree in the
+ offices where the rules for appointment by competitive examination
+ have been applied.
+</p>
+<p>
+ A method which has so approved itself by experimental tests at
+ points where such tests may be fairly considered conclusive should be
+ extended to all subordinate positions under the Government. I believe
+ that a strong and growing public sentiment demands immediate measures
+ for securing and enforcing the highest possible efficiency in the
+ civil service and its protection from recognized abuses, and that
+ the experience referred to has demonstrated the feasibility of such
+ measures.
+</p>
+<p>
+ The examinations in the custom-houses and post-offices have been held
+ under many embarrassments and without provision for compensation for
+ the extra labor performed by the officers who have conducted them, and
+ whose commendable interest in the improvement of the public service
+ has induced this devotion of time and labor without pecuniary reward.
+ A continuance of these labors gratuitously ought not to be expected,
+ and without an appropriation by Congress for compensation it is not
+ practicable to extend the system of examinations generally throughout
+ the civil service. It is also highly important that all such
+ examinations should be conducted upon a uniform system and under
+ general supervision. Section 1753 of the Revised Statutes authorizes
+ the President to prescribe the regulations for admission to the civil
+ service of the United States, and for this purpose to employ suitable
+ persons to conduct the requisite inquiries with reference to "the
+ fitness of each candidate, in respect to age, health, character,
+ knowledge, and ability for the branch of service into which he seeks
+ to enter;" but the law is practically inoperative for want of the
+ requisite appropriation.
+</p>
+<p>
+ I therefore recommend an appropriation of $25,000 per annum to meet
+ the expenses of a commission, to be appointed by the President in
+ accordance with the terms of this section, whose duty it shall be
+ to devise a just, uniform, and efficient system of competitive
+ examinations and to supervise the application of the same throughout
+ the entire civil service of the Government. I am persuaded that the
+ facilities which such a commission will afford for testing the fitness
+ of those who apply for office will not only be as welcome a relief
+ to members of Congress as it will be to the President and heads of
+ Departments, but that it will also greatly tend to remove the causes
+ of embarrassment which now inevitably and constantly attend the
+ conflicting claims of patronage between the legislative and executive
+ departments. The most effectual check upon the pernicious competition
+ of influence and official favoritism in the bestowal of office will
+ be the substitution of an open competition of merit between the
+ applicants, in which everyone can make his own record with the
+ assurance that his success will depend upon this alone.
+</p>
+<p>
+ I also recommend such legislation as, while leaving every officer as
+ free as any other citizen to express his political opinions and to use
+ his means for their advancement, shall also enable him to feel as safe
+ as any private citizen in refusing all demands upon his salary for
+ political purposes. A law which should thus guarantee true liberty
+ and justice to all who are engaged in the public service, and likewise
+ contain stringent provisions against the use of official authority
+ to coerce the political action of private citizens or of official
+ subordinates, is greatly to be desired.
+</p>
+<p>
+ The most serious obstacle, however, to an improvement of the civil
+ service, and especially to a reform in the method of appointment and
+ removal, has been found to be the practice, under what is known as
+ the spoils system, by which the appointing power has been so largely
+ encroached upon by members of Congress. The first step in the reform
+ of the civil service must be a complete divorce between Congress and
+ the Executive in the matter of appointments. The corrupting
+ doctrine that "to the victors belong the spoils" is inseparable
+ from Congressional patronage as the established rule and practice of
+ parties in power. It comes to be understood by applicants for office
+ and by the people generally that Representatives and Senators are
+ entitled to disburse the patronage of their respective districts and
+ States. It is not necessary to recite at length the evils resulting
+ from this invasion of the Executive functions. The true principles of
+ Government on the subject of appointments to office, as stated in the
+ national conventions of the leading parties of the country, have again
+ and again been approved by the American people, and have not been
+ called in question in any quarter. These authentic expressions of
+ public opinion upon this all-important subject are the statement
+ of principles that belong to the constitutional structure of the
+ Government.
+</p>
+<p class="q">
+ Under the Constitution the President and heads of Departments
+ are to make nominations for office. The Senate is to advise
+ and consent to appointments, and the House of Representatives
+ is to accuse and prosecute faithless officers. The best
+ interest of the public service demands that these distinctions
+ be respected; that Senators and Representatives, who may
+ be judges and accusers, should not dictate appointments to
+ office.
+</p>
+<p>
+ To this end the cooperation of the legislative department of the
+ Government is required alike by the necessities of the case and by
+ public opinion. Members of Congress will not be relieved from the
+ demands made upon them with reference to appointments to office until
+ by legislative enactment the pernicious practice is condemned and
+ forbidden.
+</p>
+<p>
+ It is therefore recommended that an act be passed defining the
+ relations of members of Congress with respect to appointment to office
+ by the President; and I also recommend that the provisions of section
+ 1767 and of the sections following of the Revised Statutes, comprising
+ the tenure-of-office act of March 2, 1867, be repealed.
+</p>
+<p>
+ Believing that to reform the system and methods of the civil service
+ in our country is one of the highest and most imperative duties
+ of statesmanship, and that it can be permanently done only by the
+ cooperation of the legislative and executive departments of the
+ Government, I again commend the whole subject to your considerate
+ attention.
+</p>
+<p>
+ It is the recognized duty and purpose of the people of the United
+ States to suppress polygamy where it now exists in our Territories and
+ to prevent its extension. Faithful and zealous efforts have been made
+ by the United States authorities in Utah to enforce the laws against
+ it. Experience has shown that the legislation upon this subject, to be
+ effective, requires extensive modification and amendment. The longer
+ action is delayed the more difficult it will be to accomplish what
+ is desired. Prompt and decided measures are necessary. The Mormon
+ sectarian organization which upholds polygamy has the whole power of
+ making and executing the local legislation of the Territory. By its
+ control of the grand and petit juries it possesses large influence
+ over the administration of justice. Exercising, as the heads of this
+ sect do, the local political power of the Territory, they are able to
+ make effective their hostility to the law of Congress on the subject
+ of polygamy, and, in fact, do prevent its enforcement. Polygamy will
+ not be abolished if the enforcement of the law depends on those who
+ practice and uphold the crime. It can only be suppressed by taking
+ away the political power of the sect which encourages and sustains it.
+</p>
+<p>
+ The power of Congress to enact suitable laws to protect the
+ Territories is ample. It is not a case for halfway measures. The
+ political power of the Mormon sect is increasing. It controls now
+ one of our wealthiest and most populous Territories. It is extending
+ steadily into other Territories. Wherever it goes it establishes
+ polygamy and sectarian political power. The sanctity of marriage and
+ the family relation are the corner stone of our American society and
+ civilization. Religious liberty and the separation of church and state
+ are among the elementary ideas of free institutions. To reestablish
+ the interests and principles which polygamy and Mormonism have
+ imperiled, and to fully reopen to intelligent and virtuous immigrants
+ of all creeds that part of our domain which has been in a great degree
+ closed to general immigration by intolerant and immoral institutions,
+ it is recommended that the government of the Territory of Utah be
+ reorganized.
+</p>
+<p>
+ I recommend that Congress provide for the government of Utah by a
+ governor and judges, or commissioners, appointed by the President and
+ confirmed by the Senate&mdash;a government analogous to the provisional
+ government established for the territory northwest of the Ohio by
+ the ordinance of 1787. If, however, it is deemed best to continue the
+ existing form of local government, I recommend that the right to vote,
+ hold office, and sit on juries in the Territory of Utah be confined to
+ those who neither practice nor uphold polygamy. If thorough measures
+ are adopted, it is believed that within a few years the evils which
+ now afflict Utah will be eradicated, and that this Territory will in
+ good time become one of the most prosperous and attractive of the new
+ States of the Union.
+</p>
+<p>
+ Our relations with all foreign countries have been those of
+ undisturbed peace, and have presented no occasion for concern as to
+ their continued maintenance.
+</p>
+<p>
+ My anticipation of an early reply from the British Government to the
+ demand of indemnity to our fishermen for the injuries suffered by that
+ industry at Fortune Bay in January, 1878, which I expressed in my last
+ annual message, was disappointed. This answer was received only in the
+ latter part of April in the present year, and when received exhibited
+ a failure of accord between the two Governments as to the measure of
+ the inshore fishing privilege secured to our fishermen by the treaty
+ of Washington of so serious a character that I made it the subject of
+ a communication to Congress, in which I recommended the adoption of
+ the measures which seemed to me proper to be taken by this Government
+ in maintenance of the rights accorded to our fishermen under the
+ treaty and toward securing an indemnity for the injury these interests
+ had suffered. A bill to carry out these recommendations was under
+ consideration by the House of Representatives at the time of the
+ adjournment of Congress in June last.
+</p>
+<p>
+ Within a few weeks I have received a communication from Her Majesty's
+ Government renewing the consideration of the subject, both of the
+ indemnity for the injuries at Fortune Bay and of the interpretation
+ of the treaty in which the previous correspondence had shown the two
+ Governments to be at variance. Upon both these topics the disposition
+ toward a friendly agreement is manifested by a recognition of our
+ right to an indemnity for the transaction at Fortune Bay, leaving the
+ measure of such indemnity to further conference, and by an assent to
+ the view of this Government, presented in the previous correspondence,
+ that the regulation of conflicting interests of the shore fishery
+ of the provincial seacoasts and the vessel fishery of our fishermen
+ should be made the subject of conference and concurrent arrangement
+ between the two Governments.
+</p>
+<p>
+ I sincerely hope that the basis may be found for a speedy adjustment
+ of the very serious divergence of views in the interpretation of
+ the fishery clauses of the treaty of Washington, which, as the
+ correspondence between the two Governments stood at the close of the
+ last session of Congress, seemed to be irreconcilable.
+</p>
+<p>
+ In the important exhibition of arts and industries which was held last
+ year at Sydney, New South Wales, as well as in that now in progress
+ at Melbourne, the United States have been efficiently and honorably
+ represented. The exhibitors from this country at the former place
+ received a large number of awards in some of the most considerable
+ departments, and the participation of the United States was recognized
+ by a special mark of distinction. In the exhibition at Melbourne the
+ share taken by our country is no less notable, and an equal degree of
+ success is confidently expected.
+</p>
+<p>
+ The state of peace and tranquillity now enjoyed by all the nations
+ of the continent of Europe has its favorable influence upon our
+ diplomatic and commercial relations with them. We have concluded and
+ ratified a convention with the French Republic for the settlement of
+ claims of the citizens of either country against the other. Under this
+ convention a commission, presided over by a distinguished publicist,
+ appointed in pursuance of the request of both nations by His Majesty
+ the Emperor of Brazil, has been organized and has begun its sessions
+ in this city. A congress to consider means for the protection of
+ industrial property has recently been in session in Paris, to which
+ I have appointed the ministers of the United States in France and in
+ Belgium as delegates. The International Commission upon Weights and
+ Measures also continues its work in Paris. I invite your attention to
+ the necessity of an appropriation to be made in time to enable
+ this Government to comply with its obligations under the metrical
+ convention.
+</p>
+<p>
+ Our friendly relations with the German Empire continue without
+ interruption. At the recent International Exhibition of Fish
+ and Fisheries at Berlin the participation of the United States,
+ notwithstanding the haste with which the commission was forced to make
+ its preparations, was extremely successful and meritorious, winning
+ for private exhibitors numerous awards of a high class and for the
+ country at large the principal prize of honor offered by His Majesty
+ the Emperor. The results of this great success can not but be
+ advantageous to this important and growing industry. There have been
+ some questions raised between the two Governments as to the proper
+ effect and interpretation of our treaties of naturalization, but
+ recent dispatches from our minister at Berlin show that favorable
+ progress is making toward an understanding in accordance with the
+ views of this Government, which makes and admits no distinction
+ whatever between the rights of a native and a naturalized citizen of
+ the United States. In practice the complaints of molestation suffered
+ by naturalized citizens abroad have never been fewer than at present.
+</p>
+<p>
+ There is nothing of importance to note in our unbroken friendly
+ relations with the Governments of Austria-Hungary, Russia, Portugal,
+ Sweden and Norway, Switzerland, Turkey, and Greece.
+</p>
+<p>
+ During the last summer several vessels belonging to the merchant
+ marine of this country, sailing in neutral waters of the West Indies,
+ were fired at, boarded, and searched by an armed cruiser of the
+ Spanish Government. The circumstances as reported involve not only a
+ private injury to the persons concerned, but also seemed too little
+ observant of the friendly relations existing for a century between
+ this country and Spain. The wrong was brought to the attention of
+ the Spanish Government in a serious protest and remonstrance, and the
+ matter is undergoing investigation by the royal authorities with a
+ view to such explanation or reparation as may be called for by the
+ facts.
+</p>
+<p>
+ The commission sitting in this city for the adjudication of claims of
+ our citizens against the Government of Spain is, I hope, approaching
+ the termination of its labors.
+</p>
+<p>
+ The claims against the United States under the Florida treaty with
+ Spain were submitted to Congress for its action at the late session,
+ and I again invite your attention to this long-standing question, with
+ a view to a final disposition of the matter.
+</p>
+<p>
+ At the invitation of the Spanish Government, a conference has recently
+ been held at the city of Madrid to consider the subject of protection
+ by foreign powers of native Moors in the Empire of Morocco. The
+ minister of the United States in Spain was directed to take part
+ in the deliberations of this conference, the result of which is
+ a convention signed on behalf of all the powers represented. The
+ instrument will be laid before the Senate for its consideration. The
+ Government of the United States has also lost no opportunity to urge
+ upon that of the Emperor of Morocco the necessity, in accordance with
+ the humane and enlightened spirit of the age, of putting an end to the
+ persecutions, which have been so prevalent in that country, of
+ persons of a faith other than the Moslem, and especially of the Hebrew
+ residents of Morocco.
+</p>
+<p>
+ The consular treaty concluded with Belgium has not yet been officially
+ promulgated, owing to the alteration of a word in the text by the
+ Senate of the United States, which occasioned a delay, during which
+ the time allowed for ratification expired. The Senate will be asked to
+ extend the period for ratification.
+</p>
+<p>
+ The attempt to negotiate a treaty of extradition with Denmark failed
+ on account of the objection of the Danish Government to the usual
+ clause providing that each nation should pay the expense of the arrest
+ of the persons whose extradition it asks.
+</p>
+<p>
+ The provision made by Congress at its last session for the expense
+ of the commission which had been appointed to enter upon negotiations
+ with the Imperial Government of China on subjects of great interest
+ to the relations of the two countries enabled the commissioners
+ to proceed at once upon their mission. The Imperial Government was
+ prepared to give prompt and respectful attention to the matters
+ brought under negotiation, and the conferences proceeded with such
+ rapidity and success that on the 17th of November last two treaties
+ were signed at Peking, one relating to the introduction of Chinese
+ into this country and one relating to commerce. Mr. Trescot, one of
+ the commissioners, is now on his way home bringing the treaties, and
+ it is expected that they will be received in season to be laid before
+ the Senate early in January.
+</p>
+<p>
+ Our minister in Japan has negotiated a convention for the reciprocal
+ relief of shipwrecked seamen. I take occasion to urge once more
+ upon Congress the propriety of making provision for the erection of
+ suitable fireproof buildings at the Japanese capital for the use of
+ the American legation and the court-house and jail connected with
+ it. The Japanese Government, with great generosity and courtesy, has
+ offered for this purpose an eligible piece of land.
+</p>
+<p>
+ In my last annual message I invited the attention of Congress to the
+ subject of the indemnity funds received some years ago from China and
+ Japan. I renew the recommendation then made that whatever portions of
+ these funds are due to American citizens should be promptly paid
+ and the residue returned to the nations, respectively, to which they
+ justly and equitably belong.
+</p>
+<p>
+ The extradition treaty with the Kingdom of the Netherlands, which has
+ been for some time in course of negotiation, has during the past year
+ been concluded and duly ratified.
+</p>
+<p>
+ Relations of friendship and amity have been established between the
+ Government of the United States and that of Roumania. We have sent
+ a diplomatic representative to Bucharest, and have received at this
+ capital the special envoy who has been charged by His Royal Highness
+ Prince Charles to announce the independent sovereignty of Roumania. We
+ hope for a speedy development of commercial relations between the two
+ countries.
+</p>
+<p>
+ In my last annual message I expressed the hope that the prevalence of
+ quiet on the border between this country and Mexico would soon become
+ so assured as to justify the modification of the orders then in force
+ to our military commanders in regard to crossing the frontier, without
+ encouraging such disturbances as would endanger the peace of the two
+ countries. Events moved in accordance with these expectations, and the
+ orders were accordingly withdrawn, to the entire satisfaction of our
+ own citizens and the Mexican Government. Subsequently the peace of the
+ border was again disturbed by a savage foray under the command of
+ the Chief Victoria, but by the combined and harmonious action of the
+ military forces of both countries his band has been broken up and
+ substantially destroyed.
+</p>
+<p>
+ There is reason to believe that the obstacles which have so long
+ prevented rapid and convenient communication between the United States
+ and Mexico by railways are on the point of disappearing, and that
+ several important enterprises of this character will soon be set on
+ foot, which can not fail to contribute largely to the prosperity of
+ both countries.
+</p>
+<p>
+ New envoys from Guatemala, Colombia, Bolivia, Venezuela, and
+ Nicaragua have recently arrived at this capital, whose distinction and
+ enlightenment afford the best guaranty of the continuance of friendly
+ relations between ourselves and these sister Republics.
+</p>
+<p>
+ The relations between this Government and that of the United States of
+ Colombia have engaged public attention during the past year, mainly by
+ reason of the project of an interoceanic canal across the Isthmus of
+ Panama, to be built by private capital under a concession from
+ the Colombian Government for that purpose. The treaty obligations
+ subsisting between the United States and Colombia, by which we
+ guarantee the neutrality of the transit and the sovereignty and
+ property of Colombia in the Isthmus, make it necessary that the
+ conditions under which so stupendous a change in the region embraced
+ in this guaranty should be effected&mdash;transforming, as it would, this
+ Isthmus from a barrier between the Atlantic and Pacific oceans into a
+ gateway and thoroughfare between them for the navies and the merchant
+ ships of the world&mdash;should receive the approval of this Government, as
+ being compatible with the discharge of these obligations on our part
+ and consistent with our interests as the principal commercial power
+ of the Western Hemisphere. The views which I expressed in a special
+ message to Congress in March last in relation to this project I
+ deem it my duty again to press upon your attention. Subsequent
+ consideration has but confirmed the opinion "that it is the right and
+ duty of the United States to assert and maintain such supervision and
+ authority over any interoceanic canal across the isthmus that connects
+ North and South America as will protect our national interest."
+</p>
+<p>
+ The war between the Republic of Chile on the one hand and the allied
+ Republics of Peru and Bolivia on the other still continues. This
+ Government has not felt called upon to interfere in a contest that is
+ within the belligerent rights of the parties as independent states.
+ We have, however, always held ourselves in readiness to aid in
+ accommodating their difference, and have at different times reminded
+ both belligerents of our willingness to render such service.
+</p>
+<p>
+ Our good offices in this direction were recently accepted by all the
+ belligerents, and it was hoped they would prove efficacious; but I
+ regret to announce that the measures which the ministers of the United
+ States at Santiago and Lima were authorized to take with the view to
+ bring about a peace were not successful. In the course of the war some
+ questions have arisen affecting neutral rights. In all of these the
+ ministers of the United States have, under their instructions, acted
+ with promptness and energy in protection of American interests.
+</p>
+<p>
+ The relations of the United States with the Empire of Brazil continue
+ to be most cordial, and their commercial intercourse steadily
+ increases, to their mutual advantage.
+</p>
+<p>
+ The internal disorders with which the Argentine Republic has for some
+ time past been afflicted, and which have more or less influenced its
+ external trade, are understood to have been brought to a close. This
+ happy result may be expected to redound to the benefit of the foreign
+ commerce of that Republic, as well as to the development of its vast
+ interior resources.
+</p>
+<p>
+ In Samoa the Government of King Malietoa, under the support and
+ recognition of the consular representatives of the United States,
+ Great Britain, and Germany, seems to have given peace and tranquillity
+ to the islands. While it does not appear desirable to adopt as a whole
+ the scheme of tripartite local government which has been proposed, the
+ common interests of the three great treaty powers require harmony in
+ their relations to the native frame of government, and this may be
+ best secured by a simple diplomatic agreement between them. It would
+ be well if the consular jurisdiction of our representative at Apia
+ were increased in extent and importance so as to guard American
+ interests in the surrounding and outlying islands of Oceanica.
+</p>
+<p>
+ The obelisk generously presented by the Khedive of Egypt to the city
+ of New York has safely arrived in this country, and will soon be
+ erected in that metropolis. A commission for the liquidation of the
+ Egyptian debt has lately concluded its work, and this Government, at
+ the earnest solicitation of the Khedive, has acceded to the provisions
+ adopted by it, which will be laid before Congress for its information.
+ A commission for the revision of the judicial code of the
+ reform tribunal of Egypt is now in session in Cairo. Mr. Farman,
+ consul-general, and J.M. Batchelder, esq., have been appointed as
+ commissioners to participate in this work. The organization of the
+ reform tribunals will probably be continued for another period of five
+ years.
+</p>
+<p>
+ In pursuance of the act passed at the last session of Congress,
+ invitations have been extended to foreign maritime states to join in
+ a sanitary conference in Washington, beginning the 1st of January. The
+ acceptance of this invitation by many prominent powers gives promise
+ of success in this important measure, designed to establish a system
+ of international notification by which the spread of infectious or
+ epidemic diseases may be more effectively checked or prevented. The
+ attention of Congress is invited to the necessary appropriations for
+ carrying into effect the provisions of the act referred to.
+</p>
+<p>
+ The efforts of the Department of State to enlarge the trade and
+ commerce of the United States, through the active agency of consular
+ officers and through the dissemination of information obtained from
+ them, have been unrelaxed. The interest in these efforts, as developed
+ in our commercial communities, and the value of the information
+ secured by this means to the trade and manufactures of the country
+ were recognized by Congress at its last session, and provision was
+ made for the more frequent publication of consular and other reports
+ by the Department of State. The first issue of this publication has
+ now been prepared, and subsequent issues may regularly be expected.
+ The importance and interest attached to the reports of consular
+ officers are witnessed by the general demand for them by all classes
+ of merchants and manufacturers engaged in our foreign trade. It is
+ believed that the system of such publications is deserving of the
+ approval of Congress, and that the necessary appropriations for its
+ continuance and enlargement will commend itself to your consideration.
+</p>
+<p>
+ The prosperous energies of our domestic industries and their immense
+ production of the subjects of foreign commerce invite, and even
+ require, an active development of the wishes and interests of
+ our people in that direction. Especially important is it that our
+ commercial relations with the Atlantic and Pacific coasts of South
+ America, with the West Indies and the Gulf of Mexico, should be
+ direct, and not through the circuit of European systems, and should
+ be carried on in our own bottoms. The full appreciation of the
+ opportunities which our front on the Pacific Ocean gives to commerce
+ with Japan, China, and the East Indies, with Australia and the island
+ groups which lie along these routes of navigation, should inspire
+ equal efforts to appropriate to our own shipping and to administer by
+ our own capital a due proportion of this trade. Whatever modifications
+ of our regulations of trade and navigation may be necessary or useful
+ to meet and direct these impulses to the enlargement of our exchanges
+ and of our carrying trade I am sure the wisdom of Congress will be
+ ready to supply. One initial measure, however, seems to me so clearly
+ useful and efficient that I venture to press it upon your earnest
+ attention. It seems to be very evident that the provision of regular
+ steam postal communication by aid from government has been the
+ forerunner of the commercial predominance of Great Britain on all
+ these coasts and seas, a greater share in whose trade is now the
+ desire and the intent of our people. It is also manifest that the
+ efforts of other European nations to contend with Great Britain for a
+ share of this commerce have been successful in proportion with their
+ adoption of regular steam postal communication with the markets whose
+ trade they sought. Mexico and the States of South America are anxious
+ to receive such postal communication with this country and to aid in
+ their development. Similar cooperation may be looked for in due time
+ from the Eastern nations and from Australia. It is difficult to see
+ how the lead in this movement can be expected from private interests.
+ In respect of foreign commerce quite as much as in internal trade
+ postal communication seems necessarily a matter of common and public
+ administration, and thus pertaining to Government. I respectfully
+ recommend to your prompt attention such just and efficient measures as
+ may conduce to the development of our foreign commercial exchanges and
+ the building up of our carrying trade.
+</p>
+<p>
+ In this connection I desire also to suggest the very great service
+ which might be expected in enlarging and facilitating our commerce on
+ the Pacific Ocean were a transmarine cable laid from San Francisco to
+ the Sandwich Islands, and thence to Japan at the north and Australia
+ at the south. The great influence of such means of communication on
+ these routes of navigation in developing and securing the due share of
+ our Pacific Coast in the commerce of the world needs no illustration
+ or enforcement. It may be that such an enterprise, useful, and in the
+ end profitable, as it would prove to private investment, may need to
+ be accelerated by prudent legislation by Congress in its aid, and
+ I submit the matter to your careful consideration.
+</p>
+<p>
+ An additional and not unimportant, although secondary, reason for
+ fostering and enlarging the Navy may be found in the unquestionable
+ service to the expansion of our commerce which would be rendered by
+ the frequent circulation of naval ships in the seas and ports of all
+ quarters of the globe. Ships of the proper construction and equipment
+ to be of the greatest efficiency in case of maritime war might be made
+ constant and active agents in time of peace in the advancement and
+ protection of our foreign trade and in the nurture and discipline of
+ young seamen, who would naturally in some numbers mix with and improve
+ the crews of our merchant ships. Our merchants at home and abroad
+ recognize the value to foreign commerce of an active movement of our
+ naval vessels, and the intelligence and patriotic zeal of our naval
+ officers in promoting every interest of their countrymen is a just
+ subject of national pride.
+</p>
+<p>
+ The condition of the financial affairs of the Government, as shown by
+ the report of the Secretary of the Treasury, is very satisfactory. It
+ is believed that the present financial situation of the United States,
+ whether considered with respect to trade, currency, credit, growing
+ wealth, or the extent and variety of our resources, is more favorable
+ than that of any other country of our time, and has never been
+ surpassed by that of any country at any period of its history. All our
+ industries are thriving; the rate of interest is low; new railroads
+ are being constructed; a vast immigration is increasing our
+ population, capital, and labor; new enterprises in great number are
+ in progress, and our commercial relations with other countries are
+ improving.
+</p>
+<p>
+ The ordinary revenues from all sources for the fiscal year ended June
+ 30, 1880, were&mdash;
+</p>
+
+<table summary="" width="100%">
+<tr><td> From customs</td><td align="right">$186,522,064.60</td></tr>
+<tr><td> From internal revenue</td><td align="right">124,009,373.92</td></tr>
+<tr><td> From sales of public lands</td><td align="right">1,016,506.60</td></tr>
+<tr><td> From tax on circulation and deposits of national banks</td><td align="right">7,014,971.44</td></tr>
+<tr><td> From repayment of interest by Pacific Railway companies</td><td align="right">1,707,367.18</td></tr>
+<tr><td> From sinking fund for Pacific Railway companies</td><td align="right">786,621.22</td></tr>
+<tr><td> From customs fees, fines, penalties, etc.</td><td align="right">1,148,800.16</td></tr>
+<tr><td> From fees&mdash;consular, letters patent, and lands</td><td align="right">2,337,029.00</td></tr>
+<tr><td> From proceeds of sales of Government property</td><td align="right">282,616.50</td></tr>
+<tr><td> From profits on coinage, etc.</td><td align="right">2,792,186.78</td></tr>
+<tr><td> From revenues of the District of Columbia</td><td align="right">1,809,469.70</td></tr>
+<tr><td> From miscellaneous sources</td><td align="right">4,099,603.88</td></tr>
+<tr><td></td><td width="20%"><hr class="full"></td></tr>
+<tr><td> Total ordinary receipts</td><td align="right">333,526,610.98</td></tr>
+</table>
+
+<p>
+ The ordinary expenditures for the same period were&mdash;
+</p>
+
+<table summary="" width="100%">
+<tr><td> For civil expenses</td><td align="right">$15,693,963.55</td></tr>
+<tr><td> For foreign intercourse</td><td align="right">1,211,490.58</td></tr>
+<tr><td> For Indians</td><td align="right">5,945,457.09</td></tr>
+<tr><td> For pensions (including $19,341,025.20 arrears of pensions)</td><td align="right">56,777,174.44</td></tr>
+<tr><td> For the military establishment, including river and harbor improvements and arsenals</td><td align="right">38,116,916.22</td></tr>
+<tr><td> For the naval establishment, including vessels, machinery, and improvements at navy-yards</td><td align="right">13,536,984.74</td></tr>
+<tr><td> For miscellaneous expenditures, including public buildings, light-houses, and collecting the revenue</td><td align="right">34,535,691.00</td></tr>
+<tr><td> For expenditures on account of the District of Columbia</td><td align="right">3,272,384.63</td></tr>
+<tr><td> For interest on the public debt</td><td align="right">95,757,575.11</td></tr>
+<tr><td> For premium on bonds purchased</td><td align="right">2,795,320.42</td></tr>
+</table>
+
+<p>
+ leaving a surplus revenue of $65,883,653.20, which, with an amount
+ drawn from the cash balance in Treasury of $8,084,434.21, making
+ $73,968,087.41, was applied to the redemption&mdash;
+</p>
+
+<table summary="" width="100%">
+<tr><td> Of bonds for the sinking fund</td><td align="right">$73,652,900.00</td></tr>
+<tr><td> Of fractional currency</td><td align="right">251,717.41</td></tr>
+<tr><td> Of the loan of 1858</td><td align="right">40,000.00</td></tr>
+<tr><td> Of temporary loan</td><td align="right">100.00</td></tr>
+<tr><td> Of bounty-land scrip</td><td align="right">25.00</td></tr>
+<tr><td> Of compound-interest notes</td><td align="right">16,500.00</td></tr>
+<tr><td> Of 7.30 notes of 1864-65</td><td align="right">2,650.00</td></tr>
+<tr><td> Of one and two year notes</td><td align="right">3,700.00</td></tr>
+<tr><td> Of old demand notes</td><td align="right">495.00</td></tr>
+<tr><td></td><td width="20%"><hr class="full"></td></tr>
+<tr><td> Total</td><td align="right">73,968,087.41</td></tr>
+</table>
+
+<p>
+ The amount due the sinking fund for this year was $37,931,643.55.
+ There was applied thereto the sum of $73,904,617.41, being
+ $35,972,973.86 in excess of the actual requirements for the year.
+</p>
+<p>
+ The aggregate of the revenues from all sources during the fiscal
+ year ended June 30, 1880, was $333,526,610.98, an increase over the
+ preceding year of $59,699,426.52. The receipts thus far of the current
+ year, together with the estimated receipts for the remainder of the
+ year, amount to $350,000,000, which will be sufficient to meet the
+ estimated expenditures of the year and leave a surplus of $90,000,000.
+</p>
+<p>
+ It is fortunate that this large surplus revenue occurs at a period
+ when it may be directly applied to the payment of the public debt soon
+ to be redeemable. No public duty has been more constantly cherished
+ in the United States than the policy of paying the nation's debt as
+ rapidly as possible.
+</p>
+<p>
+ The debt of the United States, less cash in the Treasury and exclusive
+ of accruing interest, attained its maximum of $2,756,431,571.43
+ in August, 1865, and has since that time been reduced to
+ $1,886,019,504.65. Of the principal of the debt, $108,758,100 has been
+ paid since March 1, 1877, effecting an annual saving of interest of
+ $6,107,593. The burden of interest has also been diminished by the
+ sale of bonds bearing a low rate of interest and the application of
+ the proceeds to the redemption of bonds bearing a higher rate. The
+ annual saving thus secured since March 1, 1877, is $14,290,453.50.
+ Within a short period over six hundred millions of 5 and 6 per
+ cent bonds will become redeemable. This presents a very favorable
+ opportunity not only to further reduce the principal of the debt, but
+ also to reduce the rate of interest on that which will remain unpaid.
+ I call the attention of Congress to the views expressed on this
+ subject by the Secretary of the Treasury in his annual report, and
+ recommend prompt legislation to enable the Treasury Department to
+ complete the refunding of the debt which is about to mature.
+</p>
+<p>
+ The continuance of specie payments has not been interrupted or
+ endangered since the date of resumption. It has contributed greatly
+ to the revival of business and to our remarkable prosperity. The fears
+ that preceded and accompanied resumption have proved groundless. No
+ considerable amount of United States notes have been presented for
+ redemption, while very large sums of gold bullion, both domestic and
+ imported, are taken to the mints and exchanged for coin or notes. The
+ increase of coin and bullion in the United States since January 1,
+ 1879, is estimated at $227,399,428.
+</p>
+<p>
+ There are still in existence, uncanceled, $346,681,016 of United
+ States legal-tender notes. These notes were authorized as a war
+ measure, made necessary by the exigencies of the conflict in which
+ the United States was then engaged. The preservation of the nation's
+ existence required, in the judgment of Congress, an issue of
+ legal-tender paper money. That it served well the purpose for which
+ it was created is not questioned, but the employment of the notes as
+ paper money indefinitely, after the accomplishment of the object for
+ which they were provided, was not contemplated by the framers of the
+ law under which they were issued. These notes long since became, like
+ any other pecuniary obligation of the Government, a debt to be paid,
+ and when paid to be canceled as mere evidence of an indebtedness
+ no longer existing. I therefore repeat what was said in the annual
+ message of last year, that the retirement from circulation of United
+ States notes with the capacity of legal tender in private contracts is
+ a step to be taken in our progress toward a safe and stable currency
+ which should be accepted as the policy and duty of the Government and
+ the interest and security of the people.
+</p>
+<p>
+ At the time of the passage of the act now in force requiring the
+ coinage of silver dollars, fixing their value, and giving them
+ legal-tender character it was believed by many of the supporters of
+ the measure that the silver dollar which it authorized would speedily
+ become, under the operations of the law, of equivalent value to the
+ gold dollar. There were other supporters of the bill, who, while
+ they doubted as to the probability of this result, nevertheless were
+ willing to give the proposed experiment a fair trial, with a view to
+ stop the coinage if experience should prove that the silver dollar
+ authorized by the bill continued to be of less commercial value than
+ the standard gold dollar.
+</p>
+<p>
+ The coinage of silver dollars under the act referred to began in
+ March, 1878, and has been continued as required by the act. The
+ average rate per month to the present time has been $2,276,492. The
+ total amount coined prior to the 1st of November last was $72,847,750.
+ Of this amount $47,084,450 remain in the Treasury, and only
+ $25,763,291 are in the hands of the people. A constant effort has been
+ made to keep this currency in circulation, and considerable expense
+ has been necessarily incurred for this purpose; but its return to the
+ Treasury is prompt and sure. Contrary to the confident anticipation of
+ the friends of the measure at the time of its adoption, the value
+ of the silver dollar containing 412-1/2 grains of silver has
+ not increased. During the year prior to the passage of the bill
+ authorizing its coinage the market value of the silver which it
+ contained was from 90 to 92 cents as compared with the standard gold
+ dollar. During the last year the average market value of the silver
+ dollar has been 88-1/2 cents.
+</p>
+<p>
+ It is obvious that the legislation of the last Congress in regard to
+ silver, so far as it was based on an anticipated rise in the value
+ of silver as a result of that legislation, has failed to produce the
+ effect then predicted. The longer the law remains in force, requiring,
+ as it does, the coinage of a nominal dollar which in reality is not
+ a dollar, the greater becomes the danger that this country will be
+ forced to accept a single metal as the sole legal standard of value in
+ circulation, and this a standard of less value than it purports to be
+ worth in the recognized money of the world.
+</p>
+<p>
+ The Constitution of the United States, sound financial principles,
+ and our best interests all require that the country should have as its
+ legal-tender money both gold and silver coin of an intrinsic value,
+ as bullion, equivalent to that which upon its face it purports to
+ possess. The Constitution in express terms recognizes both gold and
+ silver as the only true legal-tender money. To banish either of these
+ metals from our currency is to narrow and limit the circulating medium
+ of exchange to the disparagement of important interests. The United
+ States produces more silver than any other country, and is directly
+ interested in maintaining it as one of the two precious metals which
+ furnish the coinage of the world. It will, in my judgment, contribute
+ to this result if Congress will repeal so much of existing legislation
+ as requires the coinage of silver dollars containing only 412-1/2
+ grains of silver, and in its stead will authorize the Secretary of the
+ Treasury to coin silver dollars of equivalent value, as bullion, with
+ gold dollars. This will defraud no man, and will be in accordance with
+ familiar precedents. Congress on several occasions has altered the
+ ratio of value between gold and silver, in order to establish it more
+ nearly in accordance with the actual ratio of value between the two
+ metals.
+</p>
+<p>
+ In financial legislation every measure in the direction of greater
+ fidelity in the discharge of pecuniary obligations has been found
+ by experience to diminish the rates of interest which debtors are
+ required to pay and to increase the facility with which money can
+ be obtained for every legitimate purpose. Our own recent financial
+ history shows how surely money becomes abundant whenever confidence
+ in the exact performance of moneyed obligations is established.
+</p>
+<p>
+ The Secretary of War reports that the expenditures of the
+ War Department for the fiscal year ended June 30, 1880, were
+ $39,924,773.03. The appropriations for this Department for the current
+ fiscal year amount to $41,993,630.40.
+</p>
+<p>
+ With respect to the Army, the Secretary invites attention to the fact
+ that its strength is limited by statute (U.S. Revised Statutes,
+ sec. 1115) to not more than 30,000 enlisted men, but that provisos
+ contained in appropriation bills have limited expenditures to the
+ enlistment of but 25,000. It is believed the full legal strength is
+ the least possible force at which the present organization can be
+ maintained, having in view efficiency, discipline, and economy. While
+ the enlistment of this force would add somewhat to the appropriation
+ for pay of the Army, the saving made in other respects would be more
+ than an equivalent for this additional outlay, and the efficiency of
+ the Army would be largely increased.
+</p>
+<p>
+ The rapid extension of the railroad system west of the Mississippi
+ River and the great tide of settlers which has flowed in upon new
+ territory impose on the military an entire change of policy. The
+ maintenance of small posts along wagon and stage routes of travel
+ is no longer necessary. Permanent quarters at points selected, of a
+ more substantial character than those heretofore constructed, will be
+ required. Under existing laws permanent buildings can not be erected
+ without the sanction of Congress, and when sales of military sites
+ and buildings have been authorized the moneys received have reverted
+ to the Treasury and could only become available through a new
+ appropriation. It is recommended that provision be made by a general
+ statute for the sale of such abandoned military posts and buildings as
+ are found to be unnecessary and for the application of the proceeds
+ to the construction of other posts. While many of the present posts
+ are of but slight value for military purposes, owing to the changed
+ condition of the country, their occupation is continued at great
+ expense and inconvenience, because they afford the only available
+ shelter for troops.
+</p>
+<p>
+ The absence of a large number of officers of the line, in active duty,
+ from their regiments is a serious detriment to the maintenance of
+ the service. The constant demand for small detachments, each of which
+ should be commanded by a commissioned officer, and the various details
+ of officers for necessary service away from their commands occasion
+ a scarcity in the number required for company duties. With a view to
+ lessening this drain to some extent, it is recommended that the law
+ authorizing the detail of officers from the active list as professors
+ of tactics and military science at certain colleges and universities
+ be so amended as to provide that all such details be made from the
+ retired list of the Army.
+</p>
+<p>
+ Attention is asked to the necessity of providing by legislation for
+ organizing, arming, and disciplining the <i>active</i> militia of the
+ country, and liberal appropriations are recommended in this behalf.
+ The reports of the Adjutant-General of the Army and the Chief of
+ Ordnance touching this subject fully set forth its importance.
+</p>
+<p>
+ The report of the officer in charge of education in the Army shows
+ that there are 78 schools now in operation in the Army, with an
+ aggregate attendance of 2,305 enlisted men and children. The Secretary
+ recommends the enlistment of 150 schoolmasters, with the rank and
+ pay of commissary-sergeants. An appropriation is needed to supply the
+ judge-advocates of the Army with suitable libraries, and the Secretary
+ recommends that the Corps of Judge-Advocates be placed upon the same
+ footing as to promotion with the other staff corps of the Army. Under
+ existing laws the Bureau of Military Justice consists of one officer
+ (the Judge-Advocate-General), and the Corps of Judge-Advocates of
+ eight officers of equal rank (majors), with a provision that the
+ limit of the corps shall remain at four when reduced by casualty
+ or resignation to that number. The consolidation of the Bureau of
+ Military Justice and the Corps of Judge-Advocates upon the same
+ basis with the other staff corps of the Army would remove an unjust
+ discrimination against deserving officers and subserve the best
+ interests of the service.
+</p>
+<p>
+ Especial attention is asked to the report of the Chief of Engineers
+ upon the condition of our national defenses. From a personal
+ inspection of many of the fortifications referred to, the Secretary
+ is able to emphasize the recommendations made and to state that their
+ incomplete and defenseless condition is discreditable to the country.
+ While other nations have been increasing their means for carrying on
+ offensive warfare and attacking maritime cities, we have been dormant
+ in preparation for defense. Nothing of importance has been done toward
+ strengthening and finishing our casemated works since our late civil
+ war, during which the great guns of modern warfare and the heavy armor
+ of modern fortifications and ships came into use among the nations;
+ and our earthworks, left by a sudden failure of appropriations some
+ years since in all stages of incompletion, are now being rapidly
+ destroyed by the elements.
+</p>
+<p>
+ The two great rivers of the North American continent, the Mississippi
+ and the Columbia, have their navigable waters wholly within the limits
+ of the United States, and are of vast importance to our internal and
+ foreign commerce. The permanency of the important work on the South
+ Pass of the Mississippi River seems now to be assured. There has been
+ no failure whatever in the maintenance of the maximum channel during
+ the six months ended August 9 last. This experiment has opened a
+ broad, deep highway to the ocean, and is an improvement upon the
+ permanent success of which congratulations may be exchanged among
+ people abroad and at home, and especially among the communities of
+ the Mississippi Valley, whose commercial exchanges float in an
+ unobstructed channel safely to and from the sea.
+</p>
+<p>
+ A comprehensive improvement of the Mississippi and its tributaries is
+ a matter of transcendent importance. These great waterways comprise
+ a system of inland transportation spread like network over a large
+ portion of the United States, and navigable to the extent of many
+ thousands of miles. Producers and consumers alike have a common
+ interest in such unequaled facilities for cheap transportation.
+ Geographically, commercially, and politically, they are the strongest
+ tie between the various sections of the country. These channels of
+ communication and interchange are the property of the nation.
+ Its jurisdiction is paramount over their waters, and the plainest
+ principles of public interest require their intelligent and careful
+ supervision, with a view to their protection, improvement, and the
+ enhancement of their usefulness.
+</p>
+<p>
+ The channel of the Columbia River for a distance of about 100 miles
+ from its mouth is obstructed by a succession of bars, which occasion
+ serious delays in navigation and heavy expense for lighterage and
+ towage. A depth of at least 20 feet at low tide should be secured
+ and maintained to meet the requirements of the extensive and growing
+ inland and ocean commerce it subserves. The most urgent need, however,
+ for this great waterway is a permanent improvement of the channel at
+ the mouth of the river.
+</p>
+<p>
+ From Columbia River to San Francisco, a distance of over 600 miles,
+ there is no harbor on our Pacific coast which can be approached
+ during stormy weather. An appropriation of $150,000 was made by the
+ Forty-fifth Congress for the commencement of a breakwater and harbor
+ of refuge, to be located at some point between the Straits of Fuca and
+ San Francisco at which the necessities of commerce, local and general,
+ will be best accommodated. The amount appropriated is thought to be
+ quite inadequate for the purpose intended. The cost of the work, when
+ finished, will be very great, owing to the want of natural advantages
+ for a site at any point on the coast between the designated limits,
+ and it has not been thought to be advisable to undertake the work
+ without a larger appropriation. I commend the matter to the attention
+ of Congress.
+</p>
+<p>
+ The completion of the new building for the War Department is urgently
+ needed, and the estimates for continuing its construction are
+ especially recommended.
+</p>
+<p>
+ The collections of books, specimens, and records constituting the Army
+ Medical Museum and Library are of national importance. The library
+ now contains about 51,500 volumes and 57,000 pamphlets relating to
+ medicine, surgery, and allied topics. The contents of the Army Medical
+ Museum consist of 22,000 specimens, and are unique in the completeness
+ with which both military surgery and the diseases of armies are
+ illustrated. Their destruction would be an irreparable loss, not only
+ to the United States, but to the world. There are filed in the Record
+ and Pension Division over 16,000 bound volumes of hospital records,
+ together with a great quantity of papers, embracing the original
+ records of the hospitals of our armies during the civil war. Aside
+ from their historical value, these records are daily searched for
+ evidence needed in the settlement of large numbers of pension and
+ other claims, for the protection of the Government against attempted
+ frauds, as well as for the benefit of honest claimants. These valuable
+ collections are now in a building which is peculiarly exposed to the
+ danger of destruction by fire. It is therefore earnestly recommended
+ that an appropriation be made for a new fireproof building, adequate
+ for the present needs and reasonable future expansion of these
+ valuable collections. Such a building should be absolutely fireproof;
+ no expenditure for mere architectural display is required. It is
+ believed that a suitable structure can be erected at a cost not to
+ exceed $250,000.
+</p>
+<p>
+ I commend to the attention of Congress the great services of the
+ Commander in Chief of our armies during the war for the Union, whose
+ wise, firm, and patriotic conduct did so much to bring that momentous
+ conflict to a close. The legislation of the United States contains
+ many precedents for the recognition of distinguished military merit,
+ authorizing rank and emoluments to be conferred for eminent services
+ to the country. An act of Congress authorizing the appointment of
+ a Captain-General of the Army, with suitable provisions relating to
+ compensation, retirement, and other details, would, in my judgment,
+ be altogether fitting and proper, and would be warmly approved by the
+ country.
+</p>
+<p>
+ The report of the Secretary of the Navy exhibits the successful and
+ satisfactory management of that Department during the last fiscal
+ year. The total expenditures for the year were $12,916,639.45, leaving
+ unexpended at the close of the year $2,141,682.23 of the amount of
+ available appropriations. The appropriations for the present fiscal
+ year, ending June 30, 1881, are $15,095,061.45, and the total
+ estimates for the next fiscal year, ending June 30, 1882, are
+ $15,953,751.61. The amount drawn by warrant from July 1, 1880, to
+ November 1, 1880, is $5,041,570.45.
+</p>
+<p>
+ The recommendation of the Secretary of the Navy that provision be made
+ for the establishment of some form of civil government for the people
+ of Alaska is approved. At present there is no protection of persons or
+ property in that Territory except such as is afforded by the officers
+ of the United States ship <i>Jamestown</i>. This vessel was dispatched to
+ Sitka because of the fear that without the immediate presence of the
+ national authority there was impending danger of anarchy. The steps
+ taken to restore order have been accepted in good faith by both white
+ and Indian inhabitants, and the necessity for this method of restraint
+ does not, in my opinion, now exist. If, however, the <i>Jamestown</i>
+ should be withdrawn, leaving the people, as at present, without the
+ ordinary judicial and administrative authority of organized local
+ government, serious consequences might ensue.
+</p>
+<p>
+ The laws provide only for the collection of revenue, the protection of
+ public property, and the transmission of the mails. The problem is to
+ supply a local rule for a population so scattered and so peculiar in
+ its origin and condition. The natives are reported to be teachable and
+ self-supporting, and if properly instructed doubtless would advance
+ rapidly in civilization, and a new factor of prosperity would be added
+ to the national life. I therefore recommend the requisite legislation
+ upon this subject.
+</p>
+<p>
+ The Secretary of the Navy has taken steps toward the establishment
+ of naval coaling stations at the Isthmus of Panama, to meet the
+ requirements of our commercial relations with Central and South
+ America, which are rapidly growing in importance. Locations eminently
+ suitable, both as regards our naval purposes and the uses of commerce,
+ have been selected, one on the east side of the Isthmus, at Chiriqui
+ Lagoon, in the Caribbean Sea, and the other on the Pacific coast, at
+ the Bay of Golfito. The only safe harbors, sufficiently commodious, on
+ the Isthmus are at these points, and the distance between them is less
+ than 100 miles. The report of the Secretary of the Navy concludes with
+ valuable suggestions with respect to the building up of our merchant
+ marine service, which deserve the favorable consideration of Congress.
+</p>
+<p>
+ The report of the Postmaster-General exhibits the continual growth and
+ the high state of efficiency of the postal service. The operations
+ of no Department of the Government, perhaps, represent with greater
+ exactness the increase in the population and the business of the
+ country. In 1860 the postal receipts were $8,518,067.40; in 1880 the
+ receipts were $33,315,479.34. All the inhabitants of the country are
+ directly and personally interested in having proper mail facilities,
+ and naturally watch the Post-Office very closely. This careful
+ oversight on the part of the people has proved a constant stimulus
+ to improvement. During the past year there was an increase of 2,134
+ post-offices, and the mail routes were extended 27,177 miles, making
+ an additional annual transportation of 10,804,191 miles. The
+ revenues of the postal service for the ensuing year are estimated
+ at $38,845,174.10, and the expenditures at $42,475,932, leaving a
+ deficiency to be appropriated out of the Treasury of $3,630,757.90.
+</p>
+<p>
+ The Universal Postal Union has received the accession of almost all
+ the countries and colonies of the world maintaining organized postal
+ services, and it is confidently expected that all the other countries
+ and colonies now outside the union will soon unite therewith, thus
+ realizing the grand idea and aim of the founders of the union of
+ forming, for purposes of international mail communication, a single
+ postal territory, embracing the world, with complete uniformity
+ of postal charges and conditions of international exchange for all
+ descriptions of correspondence. To enable the United States to do its
+ full share of this great work, additional legislation is asked by the
+ Postmaster-General, to whose recommendations especial attention is
+ called.
+</p>
+<p>
+ The suggestion of the Postmaster-General that it would be wise to
+ encourage, by appropriate legislation, the establishment of American
+ lines of steamers by our own citizens to carry the mails between our
+ own ports and those of Mexico, Central America, South America, and of
+ transpacific countries is commended to the serious consideration of
+ Congress.
+</p>
+<p>
+ The attention of Congress is also invited to the suggestions of the
+ Postmaster-General in regard to postal savings.
+</p>
+<p>
+ The necessity for additional provision to aid in the transaction of
+ the business of the Federal courts becomes each year more apparent.
+ The dockets of the Supreme Court and of the circuit courts in the
+ greater number of the circuits are encumbered with the constant
+ accession of cases. In the former court, and in many instances in
+ the circuit courts, years intervene before it is practicable to bring
+ cases to hearing.
+</p>
+<p>
+ The Attorney-General recommends the establishment of an intermediate
+ court of errors and appeals. It is recommended that the number of
+ judges of the circuit court in each circuit, with the exception of the
+ second circuit, should be increased by the addition of another
+ judge; in the second circuit, that two should be added; and that an
+ intermediate appellate court should be formed in each circuit, to
+ consist of the circuit judges and the circuit justice, and that in the
+ event of the absence of either of these judges the place of the absent
+ judge should be supplied by the judge of one of the district courts
+ in the circuit. Such an appellate court could be safely invested with
+ large jurisdiction, and its decisions would satisfy suitors in many
+ cases where appeals would still be allowed to the Supreme Court.
+ The expense incurred for this intermediate court will require a
+ very moderate increase of the appropriations for the expenses of the
+ Department of Justice. This recommendation is commended to the careful
+ consideration of Congress.
+</p>
+<p>
+ It is evident that a delay of justice, in many instances oppressive
+ and disastrous to suitors, now necessarily occurs in the Federal
+ courts, which will in this way be remedied.
+</p>
+<p>
+ The report of the Secretary of the Interior presents an elaborate
+ account of the operations of that Department during the past year. It
+ gives me great pleasure to say that our Indian affairs appear to be in
+ a more hopeful condition now than ever before. The Indians have made
+ gratifying progress in agriculture, herding, and mechanical pursuits.
+ Many who were a few years ago in hostile conflict with the Government
+ are quietly settling down on farms where they hope to make their
+ permanent homes, building houses and engaging in the occupations of
+ civilized life. The introduction of the freighting business among them
+ has been remarkably fruitful of good results, in giving many of
+ them congenial and remunerative employment and in stimulating their
+ ambition to earn their own support. Their honesty, fidelity, and
+ efficiency as carriers are highly praised. The organization of a
+ police force of Indians has been equally successful in maintaining law
+ and order upon the reservations and in exercising a wholesome moral
+ influence among the Indians themselves. I concur with the Secretary
+ of the Interior in the recommendation that the pay of this force be
+ increased, as an inducement to the best class of young men to enter
+ it.
+</p>
+<p>
+ Much care and attention has been devoted to the enlargement of
+ educational facilities for the Indians. The means available for this
+ important object have been very inadequate. A few additional boarding
+ schools at Indian agencies have been established and the erection
+ of buildings has been begun for several more; but an increase of the
+ appropriations for this interesting undertaking is greatly needed to
+ accommodate the large number of Indian children of school age. The
+ number offered by their parents from all parts of the country for
+ education in the Government schools is much larger than can be
+ accommodated with the means at present available for that purpose. The
+ number of Indian pupils at the normal school at Hampton, Va., under
+ the direction of General Armstrong, has been considerably increased,
+ and their progress is highly encouraging. The Indian school
+ established by the Interior Department in 1879 at Carlisle, Pa., under
+ the direction of Captain Pratt, has been equally successful. It has
+ now nearly 200 pupils of both sexes, representing a great variety
+ of the tribes east of the Rocky Mountains. The pupils in both these
+ institutions receive not only an elementary English education, but
+ are also instructed in housework, agriculture, and useful mechanical
+ pursuits. A similar school was established this year at Forest Grove,
+ Oreg., for the education of Indian youth on the Pacific Coast. In
+ addition to this, thirty-six Indian boys and girls were selected
+ from the Eastern Cherokees and placed in boarding schools in North
+ Carolina, where they are to receive an elementary English education
+ and training in industrial pursuits. The interest shown by Indian
+ parents, even among the so-called wild tribes, in the education of
+ their children is very gratifying, and gives promise that the results
+ accomplished by the efforts now making will be of lasting benefit.
+</p>
+<p>
+ The expenses of Indian education have so far been drawn from the
+ permanent civilization fund at the disposal of the Department of the
+ Interior, but the fund is now so much reduced that the continuance
+ of this beneficial work will in the future depend on specific
+ appropriations by Congress for the purpose; and I venture to express
+ the hope that Congress will not permit institutions so fruitful of
+ good results to perish for want of means for their support. On the
+ contrary, an increase of the number of such schools appears to me
+ highly advisable.
+</p>
+<p>
+ The past year has been unusually free from disturbances among the
+ Indian tribes. An agreement has been made with the Utes by which they
+ surrender their large reservation in Colorado in consideration of
+ an annuity to be paid to them, and agree to settle in severalty
+ on certain lands designated for that purpose, as farmers, holding
+ individual title to their land in fee-simple, inalienable for a
+ certain period. In this way a costly Indian war has been avoided,
+ which at one time seemed imminent, and for the first time in the
+ history of the country an Indian nation has given up its tribal
+ existence to be settled in severalty and to live as individuals under
+ the common protection of the laws of the country.
+</p>
+<p>
+ The conduct of the Indians throughout the country during the past
+ year, with but few noteworthy exceptions, has been orderly and
+ peaceful. The guerrilla warfare carried on for two years by Victoria
+ and his band of Southern Apaches has virtually come to an end by the
+ death of that chief and most of his followers on Mexican soil. The
+ disturbances caused on our northern frontier by Sitting Bull and his
+ men, who had taken refuge in the British dominions, are also likely
+ to cease. A large majority of his followers have surrendered to our
+ military forces, and the remainder are apparently in progress of
+ disintegration.
+</p>
+<p>
+ I concur with the Secretary of the Interior in expressing the earnest
+ hope that Congress will at this session take favorable action on
+ the bill providing for the allotment of lands on the different
+ reservations in severalty to the Indians, with patents conferring
+ fee-simple title inalienable for a certain period, and the eventual
+ disposition of the residue of the reservations for general settlement,
+ with the consent and for the benefit of the Indians, placing the
+ latter under the equal protection of the laws of the country. This
+ measure, together with a vigorous prosecution of our educational
+ efforts, will work the most important and effective advance toward the
+ solution of the Indian problem, in preparing for the gradual merging
+ of our Indian population in the great body of American citizenship.
+</p>
+<p>
+ A large increase is reported in the disposal of public lands for
+ settlement during the past year, which marks the prosperous growth of
+ our agricultural industry and a vigorous movement of population toward
+ our unoccupied lands. As this movement proceeds, the codification
+ of our land laws, as well as proper legislation to regulate the
+ disposition of public lands, become of more pressing necessity, and I
+ therefore invite the consideration of Congress to the report and the
+ accompanying draft of a bill made by the Public Lands Commission,
+ which were communicated by me to Congress at the last session. Early
+ action upon this important subject is highly desirable.
+</p>
+<p>
+ The attention of Congress is again asked to the wasteful depredations
+ committed on our public timber lands and the rapid and indiscriminate
+ destruction of our forests. The urgent necessity for legislation to
+ this end is now generally recognized. In view of the lawless character
+ of the depredations committed and the disastrous consequences which
+ will inevitably follow their continuance, legislation has again and
+ again been recommended to arrest the evil and to preserve for the
+ people of our Western States and Territories the timber needed for
+ domestic and other essential uses.
+</p>
+<p>
+ The report of the Director of the Geological Survey is a document
+ of unusual interest. The consolidation of the various geological and
+ geographical surveys and exploring enterprises, each of which has
+ heretofore operated upon an independent plan, without concert, can
+ not fail to be of great benefit to all those industries of the country
+ which depend upon the development of our mineral resources. The labors
+ of the scientific men, of recognized merit, who compose the corps
+ of the Geological Survey, during the first season of their field
+ operations and inquiries, appear to have been very comprehensive,
+ and will soon be communicated to Congress in a number of volumes.
+ The Director of the Survey recommends that the investigations carried
+ on by his bureau, which so far have been confined to the so-called
+ public-land States and Territories, be extended over the entire country,
+ and that the necessary appropriation be made for this purpose. This
+ would be particularly beneficial to the iron, coal, and other mining
+ interests of the Mississippi Valley and of the Eastern and Southern
+ States. The subject is commended to the careful consideration of
+ Congress.
+</p>
+<p>
+ The Secretary of the Interior asks attention to the want of room in
+ the public buildings of the capital, now existing and in progress of
+ construction, for the accommodation of the clerical force employed and
+ of the public records. Necessity has compelled the renting of private
+ buildings in different parts of the city for the location of public
+ offices, for which a large amount of rent is annually paid, while the
+ separation of offices belonging to the same Department impedes the
+ transaction of current business. The Secretary suggests that the
+ blocks surrounding Lafayette Square on the east, north, and west be
+ purchased as the sites for new edifices for the accommodation of the
+ Government offices, leaving the square itself intact, and that if such
+ buildings were constructed upon a harmonious plan of architecture
+ they would add much to the beauty of the national capital, and would,
+ together with the Treasury and the new State, Navy, and War Department
+ building, form one of the most imposing groups of public edifices in
+ the world.
+</p>
+<p>
+ The Commissioner of Agriculture expresses the confident belief that
+ his efforts in behalf of the production of our own sugar and tea have
+ been encouragingly rewarded. The importance of the results attained
+ have attracted marked attention at home and have received the special
+ consideration of foreign nations. The successful cultivation of our
+ own tea and the manufacture of our own sugar would make a difference
+ of many millions of dollars annually in the wealth of the nation.
+</p>
+<p>
+ The report of the Commissioner asks attention particularly to the
+ continued prevalence of an infectious and contagious cattle
+ disease known and dreaded in Europe and Asia as cattle plague, or
+ pleuro-pneumonia. A mild type of this disease in certain sections
+ of our country is the occasion of great loss to our farmers and of
+ serious disturbance to our trade with Great Britain, which furnishes
+ a market for most of our live stock and dressed meats. The value of
+ neat cattle exported from the United States for the eight months ended
+ August 31, 1880, was more than $12,000,000, and nearly double the
+ value for the same period in 1879&mdash;an unexampled increase of export
+ trade. Your early attention is solicited to this important matter.
+</p>
+<p>
+ The Commissioner of Education reports a continued increase of public
+ interest in educational affairs, and that the public schools generally
+ throughout the country are well sustained. Industrial training
+ is attracting deserved attention, and colleges for instruction,
+ theoretical and practical, in agriculture and mechanic arts, including
+ the Government schools recently established for the instruction
+ of Indian youth, are gaining steadily in public estimation. The
+ Commissioner asks special attention to the depredations committed on
+ the lands reserved for the future support of public instruction, and
+ to the very great need of help from the nation for schools in the
+ Territories and in the Southern States. The recommendation heretofore
+ made is repeated and urged, that an educational fund be set apart from
+ the net proceeds of the sales of the public lands annually, the
+ income of which and the remainder of the net annual proceeds to
+ be distributed on some satisfactory plan to the States and the
+ Territories and the District of Columbia.
+</p>
+<p>
+ The success of the public schools of the District of Columbia, and
+ the progress made, under the intelligent direction of the board
+ of education and the superintendent, in supplying the educational
+ requirements of the District with thoroughly trained and efficient
+ teachers, is very gratifying. The acts of Congress, from time to time,
+ donating public lands to the several States and Territories in aid
+ of educational interests have proved to be wise measures of public
+ policy, resulting in great and lasting benefit. It would seem to be a
+ matter of simple justice to extend the benefits of this legislation,
+ the wisdom of which has been so fully vindicated by experience, to the
+ District of Columbia.
+</p>
+<p>
+ I again commend the general interests of the District of Columbia
+ to the favorable consideration of Congress. The affairs of the
+ District, as shown by the report of the Commissioners, are in a very
+ satisfactory condition.
+</p>
+<p>
+ In my annual messages heretofore and in my special message of December
+ 19, 1879, I have urged upon the attention of Congress the necessity of
+ reclaiming the marshes of the Potomac adjacent to the capital, and I
+ am constrained by its importance to advert again to the subject. These
+ flats embrace an area of several hundred acres. They are an impediment
+ to the drainage of the city and seriously impair its health. It is
+ believed that with this substantial improvement of its river front the
+ capital would be in all respects one of the most attractive cities
+ in the world. Aside from its permanent population, this city is
+ necessarily the place of residence of persons from every section of
+ the country engaged in the public service. Many others reside here
+ temporarily for the transaction of business with the Government.
+</p>
+<p>
+ It should not be forgotten that the land acquired will probably be
+ worth the cost of reclaiming it and that the navigation of the river
+ will be greatly improved. I therefore again invite the attention of
+ Congress to the importance of prompt provision for this much needed
+ and too long delayed improvement.
+</p>
+<p>
+ The water supply of the city is inadequate. In addition to the
+ ordinary use throughout the city, the consumption by Government is
+ necessarily very great in the navy-yard, arsenal, and the various
+ Departments, and a large quantity is required for the proper
+ preservation of the numerous parks and the cleansing of sewers. I
+ recommend that this subject receive the early attention of Congress,
+ and that in making provision for an increased supply such means be
+ adopted as will have in view the future growth of the city. Temporary
+ expedients for such a purpose can not but be wasteful of money,
+ and therefore unwise. A more ample reservoir, with corresponding
+ facilities for keeping it filled, should, in my judgment, be
+ constructed. I commend again to the attention of Congress the subject
+ of the removal from their present location of the depots of the
+ several railroads entering the city; and I renew the recommendations
+ of my former messages in behalf of the erection of a building for the
+ Congressional Library, the completion of the Washington Monument, and
+ of liberal appropriations in support of the benevolent, reformatory,
+ and penal institutions of the District.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 9, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention for the establishment, on fixed and uniform
+ bases, of the exercise of the right of protection in Morocco, and for
+ the settlement of certain questions connected therewith, between His
+ Excellency the President of the United States of America; His Majesty
+ the Emperor of Germany, King of Prussia; His Majesty the Emperor of
+ Austria, King of Hungary; His Majesty the King of the Belgians;
+ His Majesty the King of Denmark; His Majesty the King of Spain; His
+ Excellency the President of the French Republic; Her Majesty the Queen
+ of the United Kingdom of Great Britain and Ireland; His Majesty the
+ King of Italy; His Majesty the Sultan of Morocco; His Majesty the King
+ of the Netherlands; His Majesty the King of Portugal and the Algarves,
+ and His Majesty the King of Sweden and Norway, signed at Madrid on the
+ 3d day of July last.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>December 13, 1880</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ The accompanying documents, received from the Commissioner of
+ Agriculture, are transmitted to the Senate in reply to the resolution
+ of the 7th instant, relating to contagious diseases of cattle.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 5, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention between the United States of America
+ and the Empire of Japan, providing for the reimbursement of certain
+ specified expenses which may be incurred by either country in
+ consequence of the shipwreck on its coasts of the vessels of the
+ other.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>January 5, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States:</i>
+</p>
+<p>
+ In response to the resolution of the Senate of June 21, 1879, I
+ herewith transmit reports<a href="#note-42"><small>42</small></a> received from the Secretary of the
+ Interior and the Secretary of War.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 10, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of the Senate, two
+ treaties<a href="#note-43"><small>43</small></a> signed at Peking on the 17th of November, 1880, by
+ the commissioners plenipotentiary of the United States and China,
+ respectively, together with a letter of the Secretary of State in
+ relation thereto, and accompanying papers.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 10, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I submit herewith, for the information of the House of
+ Representatives, copies of correspondence with the Department of State
+ relating to an invitation extended by the French Republic to this
+ Government to send one or more delegates to represent it at an
+ international congress of electricians to be held at Paris on the 15th
+ day of September, 1881. It appears from the same correspondence that
+ an international exhibition of electricity is to be held at the palace
+ of the Champs Élysées, in Paris, from August 15, 1881, to the 15th
+ of November following, and it is therefore suggested by the French
+ authorities that it might be well to invest the delegates selected to
+ take part in the international congress with the additional character
+ of commissioners to the international exhibition of electricity.
+</p>
+<p>
+ In view of the important scientific, industrial, and commercial
+ interests designed to be promoted by the proposed international
+ congress of electricians and exhibition of electricity, I submit the
+ subject to your favorable consideration and recommend that a suitable
+ appropriation be made to enable this Government to accept the
+ foregoing invitation by appointing one or more delegates to attend the
+ congress in question.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 18, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I have the honor to submit herewith the report of the Public
+ Lands Commission, embracing the history and a codification of the
+ public-land laws; and I desire earnestly to invite the attention of
+ Congress to this important subject.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, January 20, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate a letter from the Secretary of
+ State, with accompanying papers, in relation to the recent effort of
+ the Government of the United States to bring about peace between Chile
+ and Peru and, Bolivia.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 1, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In compliance with the request of a large number of intelligent
+ and benevolent citizens, and believing that it was warranted by the
+ extraordinary circumstances of the case, on the 18th day of December,
+ 1880, I appointed a commission consisting of George Crook and Nelson
+ A. Miles, brigadier-generals in the Army; William Stickney, of
+ the District of Columbia, and Walter Allen, of Massachusetts,
+ and requested them to confer with the Ponca Indians in the Indian
+ Territory, and, if in their judgment it was advisable, also with that
+ part of the tribe which remained in Dakota, and "to ascertain the
+ facts in regard to their removal and present condition so far as was
+ necessary to determine the question as to what justice and humanity
+ required should be done by the Government of the United States, and to
+ report their conclusions and recommendations in the premises."
+</p>
+<p>
+ The commission, in pursuance of these instructions, having visited the
+ Ponca Indians at their homes in the Indian Territory and in Dakota
+ and made a careful investigation of the subject referred to them, have
+ reported their conclusions and recommendations, and I now submit their
+ report, together with the testimony taken, for the consideration of
+ Congress. A minority report by Mr. Allen is also herewith submitted.
+</p>
+<p>
+ On the 27th of December, 1880, a delegation of Ponca chiefs from the
+ Indian Territory presented to the Executive a declaration of their
+ wishes, in which they stated that it was their desire "to remain on
+ the lands now occupied by the Poncas in the Indian Territory" and "to
+ relinquish all their right and interest in the lands formerly owned
+ and occupied by the Ponca tribe in the State of Nebraska and the
+ Territory of Dakota;" and the declaration sets forth the compensation
+ which they will accept for the lands to be surrendered and for the
+ injuries done to the tribe by their removal to the Indian Territory.
+ This declaration, agreeably to the request of the chiefs making it, is
+ herewith transmitted to Congress.
+</p>
+<p>
+ The public attention has frequently been called to the injustice and
+ wrong which the Ponca tribe of Indians has suffered at the hands of
+ the Government of the United States. This subject was first brought
+ before Congress and the country by the Secretary of the Interior in
+ his annual report for the year 1877, in which he said:
+</p>
+<p class="q">
+ The case of the Poncas seems entitled to especial
+ consideration at the hands of Congress. They have always been
+ friendly to the whites. It is said, and, as far as I have been
+ able to learn, truthfully, that no Ponca ever killed a
+ white man. The orders of the Government have always met with
+ obedient compliance at their hands. Their removal from their
+ old homes on the Missouri River was to them a great hardship.
+ They had been born and raised there. They had houses there in
+ which they lived according to their ideas of comfort. Many
+ of them had engaged in agriculture and possessed cattle and
+ agricultural implements. They were very reluctant to leave all
+ this, but when Congress had resolved upon their removal they
+ finally overcame that reluctance and obeyed. Considering
+ their constant good conduct, their obedient spirit, and the
+ sacrifices they have made, they are certainly entitled to
+ more than ordinary care at the hands of the Government, and I
+ urgently recommend that liberal provision be made to aid them
+ in their new settlement.
+</p>
+<p>
+ In the same volume the report of E.A. Howard, the agent of the Poncas,
+ is published, which contains the following:
+</p>
+<hr>
+<p class="q">
+ I am of the opinion that the removal of the Poncas from the
+ northern climate of Dakota to the southern climate of the
+ Indian Territory at the season of the year it was done will
+ prove a mistake, and that a great mortality will surely follow
+ among the people when they shall have been here for a time and
+ become poisoned with the malaria of the climate. Already the
+ effects of the climate may be seen upon them in the <i>ennui</i>
+ that seems to have settled upon each and in the large number
+ now sick.
+</p><p class="q">
+ It is a matter of astonishment to me that the Government
+ should have ordered the removal of the Ponca Indians from
+ Dakota to the Indian Territory without having first made
+ some provision for their settlement and comfort. Before their
+ removal was carried into effect an appropriation should have
+ been made by Congress sufficient to have located them in their
+ new home, by building a comfortable house for the occupancy
+ of every family of the tribe. As the case now is, no
+ appropriation has been made by Congress, except for a sum but
+ little more than sufficient to remove them; no houses have
+ been built for their use, and the result is that these people
+ have been placed on an uncultivated reservation to live in
+ their tents as best they may, and await further legislative
+ action.
+</p>
+<hr>
+<p class="q">
+ These Indians claim that the Government had no right to move
+ them from their reservation without first obtaining from them
+ by purchase or treaty the title which they had acquired
+ from the Government, and for which they rendered a valuable
+ consideration. They claim that the date of the settlement of
+ their tribe upon the land composing their old reservation is
+ prehistoric; that they were all born there, and that their
+ ancestors from generations back beyond their knowledge were
+ born and lived upon its soil, and that they finally acquired
+ a complete and perfect title from the Government by a treaty
+ made with the "Great Father" at Washington, which they claim
+ made it as legitimately theirs as is the home of the white man
+ acquired by gift or purchase.
+</p>
+<hr>
+<p>
+ The subject was again referred to in similar terms in the annual
+ report of the Interior Department for 1878, in the reports of the
+ Commissioner of Indian Affairs and of the agent for the Poncas, and in
+ 1879 the Secretary of the Interior said:
+</p>
+<p class="q">
+ That the Poncas were grievously wronged by their removal from
+ their location on the Missouri River to the Indian Territory,
+ their old reservation having, by a mistake in making the Sioux
+ treaty, been transferred to the Sioux, has been at length and
+ repeatedly set forth in my reports, as well as those of the
+ Commissioner of Indian Affairs. All that could be subsequently
+ done by this Department in the absence of new legislation to
+ repair that wrong and to indemnify them for their losses
+ has been done with more than ordinary solicitude. They were
+ permitted to select a new location for themselves in the
+ Indian Territory, the Quapaw Reserve, to which they had first
+ been taken, being objectionable to them. They chose a tract of
+ country on the Arkansas River and the Salt Fork northwest of
+ the Pawnee Reserve. I visited their new reservation personally
+ to satisfy myself of their condition. The lands they now
+ occupy are among the very best in the Indian Territory in
+ point of fertility, well watered and well timbered, and
+ admirably adapted for agriculture as well as stock raising. In
+ this respect their new reservation is unquestionably superior
+ to that which they left behind them on the Missouri River.
+ Seventy houses have been built by and for them, of far better
+ quality than the miserable huts they formerly occupied in
+ Dakota, and the construction of a larger number is now in
+ progress, so that, as the agent reports, every Ponca family
+ will be comfortably housed before January. A very liberal
+ allowance of agricultural implements and stock cattle has been
+ given them, and if they apply themselves to agricultural work
+ there is no doubt that their condition will soon be far more
+ prosperous than it has ever been before. During the first
+ year after their removal to the Indian Territory they lost
+ a comparatively large number of their people by death, in
+ consequence of the change of climate, which is greatly to
+ be deplored; but their sanitary condition is now very much
+ improved. The death rate among them during the present year
+ has been very low, and the number of cases of sickness
+ is constantly decreasing. It is thought that they are now
+ sufficiently acclimated to be out of danger.
+</p>
+<hr>
+<p>
+ A committee of the Senate, after a very full investigation of the
+ subject, on the 31st of May, 1880, reported their conclusions to the
+ Senate, and both the majority and minority of the committee agreed
+ that "a great wrong had been done to the Ponca Indians." The majority
+ of the committee say:
+</p>
+<hr>
+<p class="q">
+ Nothing can strengthen the Government in a just policy to the
+ Indians so much as a demonstration of its willingness to do
+ ample and complete justice whenever it can be shown that it
+ has inflicted a wrong upon a weak and trusting tribe. It is
+ impossible for the United States to hope for any confidence to
+ be reposed in them by the Indians until there shall be shown
+ on their part a readiness to do justice.
+</p>
+<p>
+ The minority report is equally explicit as to the duty of the
+ Government to repair the wrong done the Poncas. It says:
+</p>
+<hr>
+<p class="q">
+ We should be more prompt and anxious because they are weak
+ and we are strong. In my judgment we should be liberal to the
+ verge of lavishness in the expenditure of our money to improve
+ their condition, so that they and all others may know that,
+ although, like all nations and all men, we may do wrong, we
+ are willing to make ample reparation.
+</p>
+<p>
+ The report of the commission appointed by me, of which General
+ Crook was chairman, and the testimony taken by them and their
+ investigations, add very little to what was already contained in the
+ official reports of the Secretary of the Interior and the report of
+ the Senate committee touching the injustice done to the Poncas by
+ their removal to the Indian Territory. Happily, however, the evidence
+ reported by the commission and their recommendations point out
+ conclusively the true measures of redress which the Government of the
+ United States ought now to adopt.
+</p>
+<p>
+ The commission in their conclusions omit to state the important facts
+ as to the present condition of the Poncas in the Indian Territory, but
+ the evidence they have reported shows clearly and conclusively
+ that the Poncas now residing in that Territory, 521 in number, are
+ satisfied with their new homes; that they are healthy, comfortable,
+ and contented, and that they have freely and firmly decided to adhere
+ to the choice announced in their letter of October 25, 1880, and
+ in the declaration of December 27, 1880, to remain in the Indian
+ Territory and not to return to Dakota.
+</p>
+<p>
+ The evidence reported also shows that the fragment of the Ponca
+ tribe&mdash;perhaps 150 in number&mdash;which is still in Dakota and Nebraska
+ prefer to remain on their old reservation.
+</p>
+<p>
+ In view of these facts I am convinced that the recommendations of the
+ commission, together with the declaration of the chiefs of December
+ last, if substantially followed, will afford a solution of the Ponca
+ question which is consistent with the wishes and interests of
+ both branches of the tribe, with the settled Indian policy of the
+ Government, and, as nearly as is now practicable, with the demands of
+ justice.
+</p>
+<p>
+ Our general Indian policy for the future should embrace the following
+ leading ideas:
+</p>
+<p>
+ 1. The Indians should be prepared for citizenship by giving to their
+ young of both sexes that industrial and general education which
+ is required to enable them to be self-supporting and capable of
+ self-protection in a civilized community.
+</p>
+<p>
+ 2. Lands should be allotted to the Indians in severalty, inalienable
+ for a certain period.
+</p>
+<p>
+ 3. The Indians should have a fair compensation for their lands not
+ required for individual allotments, the amount to be invested, with
+ suitable safeguards, for their benefit.
+</p>
+<p>
+ 4. With these prerequisites secured, the Indians should be
+ made citizens and invested with the rights and charged with the
+ responsibilities of citizenship.
+</p>
+<p>
+ It is therefore recommended that legislation be adopted in relation to
+ the Ponca Indians, authorizing the Secretary of the Interior to secure
+ to the individual members of the Ponca tribe, in severalty, sufficient
+ land for their support, inalienable for a term of years and until the
+ restriction upon alienation may be removed by the President. Ample
+ time and opportunity should be given to the members of the tribe
+ freely to choose their allotments either on their old or their new
+ reservation.
+</p>
+<p>
+ Full compensation should be made for the lands to be relinquished, for
+ their losses by the Sioux depredations and by reason of their removal
+ to the Indian Territory, the amount not to be less than the sums named
+ in the declaration of the chiefs made December 27, 1880.
+</p>
+<p>
+ In short, nothing should be left undone to show to the Indians that
+ the Government of the United States regards their rights as equally
+ sacred with those of its citizens.
+</p>
+<p>
+ The time has come when the policy should be to place the Indians as
+ rapidly as practicable on the same footing with the other permanent
+ inhabitants of our country.
+</p>
+<p>
+ I do not undertake to apportion the blame for the injustice done to
+ the Poncas. Whether the Executive or Congress or the public is chiefly
+ in fault is not now a question of practical importance. As the Chief
+ Executive at the time when the wrong was consummated, I am deeply
+ sensible that enough of the responsibility for that wrong justly
+ attaches to me to make it my particular duty and earnest desire to
+ do all I can to give to these injured people that measure of redress
+ which is required alike by justice and by humanity.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 2, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, for consideration and appropriate action by
+ Congress, a letter from the Secretary of the Navy, in relation to the
+ proposed establishment of naval stations of the United States on the
+ American Isthmus. In this paper the current testimony of prominent
+ officers of this Government for a long series of years, as to the
+ feasibility and necessity of establishing such stations and the great
+ advantage to flow therefrom to the naval and commercial interests
+ of the United States, is clearly set forth, and the considerations
+ adduced can not but commend themselves, I am confident, to the careful
+ attention of Congress. Convinced of the wisdom and propriety of the
+ suggestions thus presented, I recommend to Congress the appropriation
+ of the sum named by the Secretary of the Navy, to be at his disposal
+ at once, for expenditure as soon as suitable arrangements can be made
+ to the proposed end.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 4, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit a communication from the Secretary of the Navy,
+ with reference to the dispatch of a vessel for the relief of the
+ <i>Jeannette</i> polar expedition, and commend the recommendations of the
+ Secretary to the prompt and favorable action of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 14, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit the final report addressed to me by the
+ commissioners appointed under the act of Congress approved July 19,
+ 1876, authorizing the repavement of that part of Pennsylvania avenue
+ lying between the Treasury Department and the Capitol Grounds.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 17, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report of the Secretary of State, in response to
+ the resolution addressed to him by the House of Representatives of the
+ 31st of January ultimo, on the subject of international action for the
+ restoration of silver to full use as money.
+</p>
+<p>
+ The prospect of an early international conference, promising valuable
+ results in accordance with the interests of this country, is such that
+ I recommend to the immediate attention of Congress an appropriation
+ providing for the proper representation of this Government at such
+ conference.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ WASHINGTON, <i>February 21, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of 15th of June, 1880,
+ requesting the Secretary of State to report to that body at its next
+ regular session what changes, if any, of the laws regulating the
+ management of the Department of State, or of the divisions and the
+ bureaus thereof, are necessary or would be beneficial in promoting the
+ efficiency or economy of its administration or management, and also to
+ make report concerning the mode of keeping the departmental accounts,
+ the checks and safeguards upon expenditures, and the administrative
+ or clerical changes for the better which may suggest themselves as
+ expedient, I transmit herewith a report from the Secretary of State
+ upon the subjects embraced in that resolution so far as they touch the
+ Department of State.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 25, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the consideration of the Senate with a view
+ to advising and consenting to the ratification thereof, a convention
+ for the extradition of criminals, between the United States of America
+ and the United States of Colombia, signed at Bogotá on the 3d of
+ January, 1881. I also transmit certain correspondence touching the
+ negotiation of said convention.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 25, 1881.</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith to the Senate, for its consideration with a view
+ to ratification in due course, a convention supplementary to the
+ consular convention of May 8, 1878, between the United States of
+ America and His Majesty the King of Italy, concluded in the city of
+ Washington on the 24th of February, 1881.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 28, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a copy of proclamation<a href="#note-44"><small>44</small></a> for the convening of an
+ extra session of the Senate of the United States at the Capitol, in
+ the city of Washington, on the 4th day of March next, at noon.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>February 28, 1881</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a copy of a letter addressed to the chairman of
+ the Civil Service Commission on the 3d of December last, requesting
+ to be furnished with a report upon the result in the post-office
+ and custom-house in the city of New York of the application of the
+ civil-service rules requiring open competitive examinations for
+ appointments and promotions, together with the report of Hon. Dorman
+ B. Eaton, the chairman of the Commission, in response.
+</p>
+<p>
+ The report presents a very gratifying statement of the results of
+ the application of the rules referred to in the two largest and most
+ important local offices in the civil service of the Government. The
+ subject is one of great importance to the people of the whole country.
+ I would commend the suggestions and recommendation of the chairman of
+ the Commission to the careful consideration of Congress.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 28, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, in answer to the resolution of the Senate of the
+ 20th ultimo, a report from the Secretary of State, with accompanying
+ papers.<a href="#note-45"><small>45</small></a>
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 3, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have the honor to inform the Senate that Hon. Benjamin Harrison,
+ Senator elect from the State of Indiana, has resigned his office as a
+ member of the Commission for the Improvement of the Mississippi River,
+ and the same has been accepted to take effect March 3, 1881.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p>&nbsp;</p>
+
+
+<p class="r">
+ EXECUTIVE MANSION, <i>March 3, 1881</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have the honor to inform the Senate that Hon. John Sherman, Senator
+ elect from the State of Ohio, has resigned the position of Secretary
+ of the Treasury, and that said resignation has been accepted to take
+ effect at the close of the present day.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ VETO MESSAGE.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>March 3, 1881</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ Having considered the bill entitled "An act to facilitate the
+ refunding of the national debt," I am constrained to return it to the
+ House of Representatives, in which it originated, with the following
+ statement of my objections to its passage:
+</p>
+<p>
+ The imperative necessity for prompt action and the pressure of public
+ duties in this closing week of my term of office compel me to refrain
+ from any attempt to make a full and satisfactory presentation of the
+ objections to the bill.
+</p>
+<p>
+ The importance of the passage at the present session of Congress of a
+ suitable measure for the refunding of the national debt which is
+ about to mature is generally recognized. It has been urged upon the
+ attention of Congress by the Secretary of the Treasury and in my last
+ annual message. If successfully accomplished, it will secure a large
+ decrease in the annual interest payment of the nation, and I earnestly
+ recommend, if the bill before me shall fail, that another measure for
+ this purpose be adopted before the present Congress adjourns.
+</p>
+<p>
+ While, in my opinion, it would be unwise to authorize the Secretary of
+ the Treasury, in his discretion, to offer to the public bonds bearing
+ 3-1/2 per cent interest in aid of refunding, I should not deem it my
+ duty to interpose my constitutional objection to the passage of the
+ present bill if it did not contain, in its fifth section, provisions
+ which, in my judgment, seriously impair the value and tend to the
+ destruction of the present national banking system of the country.
+ This system has now been in operation almost twenty years. No safer or
+ more beneficial banking system was ever established. Its advantages
+ as a business are free to all who have the necessary capital. It
+ furnishes a currency to the public which for convenience and security
+ of the bill holder has probably never been equaled by that of any
+ other banking system. Its notes are secured by the deposit with the
+ Government of the interest-bearing bonds of the United States.
+</p>
+<p>
+ The section of the bill before me which relates to the national
+ banking system, and to which objection is made, is not an essential
+ part of a refunding measure. It is as follows:
+</p>
+<p class="q">
+ SEC. 5. From and after the 1st day of July, 1881, the 3 per
+ cent bonds authorized by the first section of this act shall
+ be the only bonds receivable as security for national-bank
+ circulation or as security for the safe-keeping and prompt
+ payment of the public money deposited with such banks; but
+ when any such bonds deposited for the purposes aforesaid shall
+ be designated for purchase or redemption by the Secretary
+ of the Treasury, the banking association depositing the same
+ shall have the right to substitute other issues of the bonds
+ of the United States in lieu thereof: <i>Provided</i>, That no bond
+ upon which interest has ceased shall be accepted or shall be
+ continued on deposit as security for circulation or for
+ the safe-keeping of the public money; and in case bonds so
+ deposited shall not be withdrawn, as provided by law, within
+ thirty days after the interest has ceased thereon, the banking
+ association depositing the same shall be subject to the
+ liabilities and proceedings on the part of the Comptroller
+ provided for in section 5234 of the Revised Statutes of the
+ United States: <i>And provided further</i>, That section 4 of the
+ act of June 20, 1874, entitled "An act fixing the amount of
+ United States notes, providing for a redistribution of the
+ national-bank currency, and for other purposes," be, and the
+ same is hereby, repealed, and sections 5159 and 5160 of the
+ Revised Statutes of the United States be, and the same are
+ hereby, reenacted.
+</p>
+<p>
+ Under this section it is obvious that no additional banks will
+ hereafter be organized, except possibly in a few cities or localities
+ where the prevailing rates of interest in ordinary business are
+ extremely low. No new banks can be organized and no increase of the
+ capital of existing banks can be obtained except by the purchase and
+ deposit of 3 per cent bonds. No other bonds of the United States can
+ be used for the purpose. The one thousand millions of other bonds
+ recently issued by the United States, and bearing a higher rate of
+ interest than 3 per cent, and therefore a better security for the bill
+ holder, can not after the 1st of July next be received as security
+ for bank circulation. This is a radical change in the banking law. It
+ takes from the banks the right they have heretofore had under the law
+ to purchase and deposit as security for their circulation any of the
+ bonds issued by the United States, and deprives the bill holder of the
+ best security which the banks are able to give by requiring them
+ to deposit bonds having the least value of any bonds issued by the
+ Government.
+</p>
+<p>
+ The average rate of taxation of capital employed in banking is more
+ than double the rate of taxation upon capital employed in other
+ legitimate business. Under these circumstances, to amend the banking
+ law so as to deprive the banks of the privilege of securing their
+ notes by the most valuable bonds issued by the Government will, it is
+ believed, in a large part of the country, be a practical prohibition
+ of the organization of new banks and prevent the existing banks from
+ enlarging their capital. The national banking system, if continued at
+ all, will be a monopoly in the hands of those already engaged in it,
+ who may purchase the Government bonds bearing a more favorable rate of
+ interest than the 3 per cent bonds prior to next July.
+</p>
+<p>
+ To prevent the further organization of banks is to put in jeopardy the
+ whole system, by taking from it that feature which makes it, as it
+ now is, a banking system free upon the same terms to all who wish
+ to engage in it. Even the existing banks will be in danger of being
+ driven from business by the additional disadvantages to which they
+ will be subjected by this bill. In short, I can not but regard
+ the fifth section of the bill as a step in the direction of the
+ destruction of the national banking system.
+</p>
+<p>
+ Our country, after a long period of business depression, has just
+ entered upon a career of unexampled prosperity.
+</p>
+<p>
+ The withdrawal of the currency from circulation of the national
+ banks, and the enforced winding up of the banks in consequence, would
+ inevitably bring serious embarrassment and disaster to the business
+ of the country. Banks of issue are essential instruments of modern
+ commerce. If the present efficient and admirable system of banking is
+ broken down, it will inevitably be followed by a recurrence to other
+ and inferior methods of banking. Any measure looking to such a result
+ will be a disturbing element in our financial system. It will destroy
+ confidence and surely check the growing prosperity of the country.
+</p>
+<p>
+ Believing that a measure for refunding the national debt is not
+ necessarily connected with the national banking law, and that any
+ refunding act would defeat its own object if it imperiled the national
+ banking system or seriously impaired its usefulness, and convinced
+ that section 5 of the bill before me would, if it should become a
+ law, work great harm, I herewith return the bill to the House of
+ Representatives for that further consideration which is provided for
+ in the Constitution.
+</p>
+<p class="r">
+ RUTHERFORD B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ 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:
+</p>
+<p>
+ Now, therefore, I, Rutherford B. Hayes, 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.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand and the seal of the United States, at Washington,
+ the 28th day of February, A.D. 1881, and of the Independence of the
+ United States of America the one hundred and fifth.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+<p><br>
+By the President:<br>
+ WM. M. EVARTS,<br>
+ <i>Secretary of State</i>.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<h2>
+ EXECUTIVE ORDER.
+</h2>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, February 22, 1881</i>.
+</p>
+<p>
+ The SECRETARY OF WAR:
+</p>
+<p>
+ In view of the well-known fact that the sale of intoxicating liquors
+ in the Army of the United States is the cause of much demoralization
+ among both officers and men, and that it gives rise to a large
+ proportion of the cases before general and garrison courts-martial,
+ involving great expense and serious injury to the service&mdash;
+</p>
+<p>
+ <i>It is therefore directed</i>, That the Secretary of War take suitable
+ steps, as far as practicable consistently with vested rights, to
+ prevent the sale of intoxicating liquors as a beverage at the camps,
+ forts, and other posts of the Army.
+</p>
+<p class="r">
+ R.B. HAYES.
+</p>
+
+<div style="height: 4em;"><br><br><br><br></div>
+
+<hr class="full">
+
+<h2>
+ Footnotes
+</h2>
+
+<a name="note-1"><!--Note--></a>
+<p class="foot">
+<u>1</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-2"><!--Note--></a>
+<p class="foot">
+<u>2</u> Addressed to Federal officers generally.
+</p>
+<a name="note-3"><!--Note--></a>
+<p class="foot">
+<u>3</u> See pp. 398-399.
+</p>
+<a name="note-4"><!--Note--></a>
+<p class="foot">
+<u>4</u> Correspondence relative to Mexican border troubles.
+</p>
+<a name="note-5"><!--Note--></a>
+<p class="foot">
+<u>5</u> Correspondence relative to the imposition of a
+ differential duty of 50 cents per ton upon Spanish vessels entering
+ ports of the United States.
+</p>
+<a name="note-6"><!--Note--></a>
+<p class="foot">
+<u>6</u> Stating that the information relative to the forcible
+ rescue of two prisoners from the jail of Starr County, Tex., by an
+ armed band of Mexicans had been transmitted by the President to the
+ House of Representatives on the 12th instant.
+</p>
+<a name="note-7"><!--Note--></a>
+<p class="foot">
+<u>7</u> Relating to the indemnity paid by Spain on account of the
+ execution of General Ryan and others at Santiago de Cuba.
+</p>
+<a name="note-8"><!--Note--></a>
+<p class="foot">
+<u>8</u> Operation of the Union Pacific Railroad and its branches.
+</p>
+<a name="note-9"><!--Note--></a>
+<p class="foot">
+<u>9</u> Relating to the seizure of logs, lumber, and naval stores
+ suspected or having been taken from the public lands.
+</p>
+<a name="note-10"><!--Note--></a>
+<p class="foot">
+<u>10</u> Relating to payments to the Ute Indians under the fourth
+ article of the agreement of September 13, 1873, and to the occupancy
+ of lands ceded by said Indians.
+</p>
+<a name="note-11"><!--Note--></a>
+<p class="foot">
+<u>11</u> Correspondence relative to the Franco-German War.
+</p>
+<a name="note-12"><!--Note--></a>
+<p class="foot">
+<u>12</u> Carpenter's painting of President Lincoln and his Cabinet
+ at the time of his first reading of the Proclamation of Emancipation.
+</p>
+<a name="note-13"><!--Note--></a>
+<p class="foot">
+<u>13</u> Relating to the survey of lands in the Indian Territory,
+ etc.
+</p>
+<a name="note-14"><!--Note--></a>
+<p class="foot">
+<u>14</u> Correspondence relative to the appointment of a third
+ commissioner under the twenty-third article of the treaty with Great
+ Britain of May 8, 1871, on the question of the fisheries.
+</p>
+<a name="note-15"><!--Note--></a>
+<p class="foot">
+<u>15</u> Correspondence with Spain relative to the seizure of the
+ steamer <i>Virginius</i>, etc.
+</p>
+<a name="note-16"><!--Note--></a>
+<p class="foot">
+<u>16</u> Relating to the defalcations of William R. Whitaker while
+ collector of internal revenue for the first district of Louisiana and
+ while assistant treasurer of the United States at New Orleans.
+</p>
+<a name="note-17"><!--Note--></a>
+<p class="foot">
+<u>17</u> Correspondence relative to the terms and conditions under
+ which the Cuban insurgents surrendered and to the policy of Spain in
+ the government of Cuba.
+</p>
+<a name="note-18"><!--Note--></a>
+<p class="foot">
+<u>18</u> Relating to the convention of May 20, 1875, for the
+ establishment of an international bureau of weights and measures.
+</p>
+<a name="note-19"><!--Note--></a>
+<p class="foot">
+<u>19</u> Correspondence, etc., relative to the selection of M.
+ Maurice Delfosse as one of the commissioners under the treaty with
+ Great Britain of May 8, 1871, on the fisheries question.
+</p>
+<a name="note-20"><!--Note--></a>
+<p class="foot">
+<u>20</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-21"><!--Note--></a>
+<p class="foot">
+<u>21</u> Correspondence relative to claims of United States
+ citizens against Nicaragua.
+</p>
+<a name="note-22"><!--Note--></a>
+<p class="foot">
+<u>22</u> Correspondence relative to the expulsion from the German
+ Umpire of Julius Baumer, a naturalized citizen of the United States.
+</p>
+<a name="note-23"><!--Note--></a>
+<p class="foot">
+<u>23</u> Correspondence relative to commercial relations with
+ Mexico.
+</p>
+<a name="note-24"><!--Note--></a>
+<p class="foot">
+<u>24</u> Relating to the claim of John C. Landreau against the
+ Government of Peru.
+</p>
+<a name="note-25"><!--Note--></a>
+<p class="foot">
+<u>25</u> See pp. 547-548.
+</p>
+<a name="note-26"><!--Note--></a>
+<p class="foot">
+<u>26</u> Relating to lands in the Indian Territory acquired by the
+ treaties of 1866.
+</p>
+<a name="note-27"><!--Note--></a>
+<p class="foot">
+<u>27</u> See pp. 545-547.
+</p>
+<a name="note-28"><!--Note--></a>
+<p class="foot">
+<u>28</u> "An act to amend 'An act for the relief of Joseph B.
+ Collins, approved March 3, 1879.'"
+</p>
+<a name="note-29"><!--Note--></a>
+<p class="foot">
+<u>29</u> The positions for which applications may be made in the
+ several offices are: Collector's and surveyor's office: (1) Inspector,
+ at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3)
+ weigher's clerk, at annual salary of $1,200; (4) ganger's clerk, at
+ annual salary of $1,200; (5) night inspector, at a salary of $2.50 per
+ day, and clerk, at an annual salary of less than $1,200.
+</p>
+<p class="foot">
+ Naval office: (1) Clerk, at an annual salary of $1,200; (2) clerk, at
+ an annual salary of less than $1,200.
+</p>
+<p class="foot">
+ Assistant treasurer's office: (1) Clerk, at an annual salary of
+ $2,000; (2) clerk, at an annual salary of $1,200; (3) clerk, at an
+ annual salary of less than $1,200.
+</p>
+<p class="foot">
+ Appraiser's office: (1) Examiner, at an annual salary of $1,800; (2)
+ clerk, verifier, or sampler, at an annual salary of $1,200; (3) clerk,
+ verifier, or sampler, at an annual salary of less than $1,200; (4)
+ openers and packers, at a salary of $3 per day.
+</p>
+<a name="note-30"><!--Note--></a>
+<p class="foot">
+<u>30</u> See p. 181.
+</p>
+<a name="note-31"><!--Note--></a>
+<p class="foot">
+<u>31</u> See p. 158.
+</p>
+<a name="note-32"><!--Note--></a>
+<p class="foot">
+<u>32</u> See p. 231.
+</p>
+<a name="note-33"><!--Note--></a>
+<p class="foot">
+<u>33</u> See rule 7, promulgated December 19, 1871, p.158.
+</p>
+<a name="note-34"><!--Note--></a>
+<p class="foot">
+<u>34</u> See p. 181.
+</p>
+<a name="note-35"><!--Note--></a>
+<p class="foot">
+<u>35</u> See rule 9, promulgated December 19, 1871, p. 158.
+</p>
+<a name="note-36"><!--Note--></a>
+<p class="foot">
+<u>36</u> See p. 232.
+</p>
+<a name="note-37"><!--Note--></a>
+<p class="foot">
+<u>37</u> Addressed to the heads of the Executive Departments,
+ etc.
+</p>
+<a name="note-38"><!--Note--></a>
+<p class="foot">
+<u>38</u> See pp. 549-550.
+<a name="note-39"><!--Note--></a>
+<p class="foot">
+<u>39</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-40"><!--Note--></a>
+<p class="foot">
+<u>40</u> See pp. 547-548.
+</p>
+<a name="note-41"><!--Note--></a>
+<p class="foot">
+<u>41</u> Addressed to the heads of the Executive Departments, etc.
+</p>
+<a name="note-42"><!--Note--></a>
+<p class="foot">
+<u>42</u> Transmitting statements of the number of soldiers and
+ civilians killed and wounded, number of Indians killed, value of
+ property destroyed, and expenses incurred by the United States in
+ certain Indian wars from 1865 to 1879.
+</p>
+<a name="note-43"><!--Note--></a>
+<p class="foot">
+<u>43</u> (1) Regulation of Chinese immigration into the United
+ States (2) commercial intercourse and judicial procedure.
+</p>
+<a name="note-44"><!--Note--></a>
+<p class="foot">
+<u>44</u> See pp. 639-640.
+</p>
+<a name="note-45"><!--Note--></a>
+<p class="foot">
+<u>45</u> Correspondence relative to the sending to the United
+ States by foreign governments of criminals, paupers, and insane
+ persons.
+</p>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of Messages and Papers of Rutherford B.
+Hayes, by James D. Richardson
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+</pre>
+
+</body>
+</html>
+
diff --git a/old/13021.txt b/old/13021.txt
new file mode 100644
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--- /dev/null
+++ b/old/13021.txt
@@ -0,0 +1,12171 @@
+The Project Gutenberg EBook of Messages and Papers of Rutherford B. Hayes
+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: Messages and Papers of Rutherford B. Hayes
+ A Compilation of the Messages and Papers of the Presidents
+
+Author: James D. Richardson
+
+Release Date: July 25, 2004 [EBook #13021]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK RUTHERFORD B. HAYES ***
+
+
+
+
+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
+
+
+
+
+Rutherford B. Hayes
+
+March 4, 1877, to March 4, 1881
+
+
+
+
+Rutherford B. Hayes
+
+
+Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822.
+His father had died in July, 1822, leaving his mother in modest
+circumstances. He attended the common schools, and began early the
+study of Latin and Greek with Judge Sherman Finch, of Delaware.
+Prepared for college at an academy at Norwalk, Ohio, and at a school
+in Middletown, Conn. In the autumn of 1838 entered Kenyon College,
+at Gambier, Ohio. Excelled in logic, mental and moral philosophy,
+and mathematics, and also made his mark as a debater in the literary
+societies. On his graduation, in August, 1842, was awarded the
+valedictory oration, with which he won much praise. Soon afterwards
+began the study of law in the office of Thomas Sparrow, at Columbus,
+Ohio, and then attended a course of law lectures at Harvard
+University, entering the law school August 22, 1843, and finishing his
+studies there in January, 1845. As a law student he had the advantage
+of friendly intercourse with Judge Story and Professor Greenleaf, and
+also attended the lectures of Longfellow on literature and of Agassiz
+on natural science, pursuing at the same time the study of French and
+German. In May, 1845, was admitted to practice in the courts of Ohio
+as an attorney and counselor at law. Established himself first at
+Lower Sandusky (now Fremont), where in April, 1846, he formed a law
+partnership with Ralph P. Buckland, then a Member of Congress. In the
+winter of 1849-50 established himself at Cincinnati. His practice at
+first being light, continued his studies in law and literature, and
+also became identified with various literary societies, among them
+the literary club of Cincinnati, where he met Salmon P. Chase, Thomas
+Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F.
+Force, and others of note. December 30, 1852, married Miss Lucy Ware
+Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In
+January, 1854, formed a law partnership with H.W. Corwine and William
+K. Rogers. In 1856 was nominated for the office of common pleas judge,
+but declined. In 1858 was elected city solicitor by the city council
+of Cincinnati to fill a vacancy, and in the following year was
+elected to the same office at a popular election, but was defeated
+for reelection in 1861. After becoming a voter he acted with the Whig
+party, voting for Henry Clay in 1844, for General Taylor in 1848, and
+for General Scott in 1852. Having from his youth cherished antislavery
+feelings, he joined the Republican party as soon as it was organized,
+and earnestly advocated the election of Fremont in 1856 and of Lincoln
+in 1860. At a great mass meeting held in Cincinnati immediately
+after the firing on Fort Sumter was made chairman of a committee on
+resolutions. His literary club formed a military company, of which he
+was elected captain. June 7, 1861, was appointed by the governor of
+Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861,
+was appointed by General Rosecrans judge-advocate of the Department
+of the Ohio. October 24, 1861, was promoted to the rank of
+lieutenant-colonel. In the battle of South Mountain, September 14,
+1862, distinguished himself by gallant conduct in leading a charge and
+in holding a position at the head of his troops after being severely
+wounded in his left arm. October 24, 1862, was appointed colonel
+of the Twenty-third Ohio. In July, 1863, while with the army in
+southwestern Virginia, caused an expedition of two regiments and a
+section of artillery under his command to be dispatched to Ohio for
+the purpose of checking the raid of the Confederate general John
+Morgan, and aided materially in preventing the raiders from recrossing
+the Ohio River and in compelling Morgan to surrender. In the spring
+of 1864 commanded a brigade in General Crook's expedition to cut the
+principal lines of communication between Richmond and the Southwest.
+Distinguished himself by conspicuous bravery at the head of his
+brigade in storming a fortified position on the crest of Cloyd
+Mountain. Commanded a brigade in the first battle of Winchester. Took
+a creditable part in the engagement at Berryville, and at the second
+battle of Winchester, September 19, 1864, performed a feat of great
+bravery. Leading an assault upon a battery on an eminence, he found in
+his way a morass over 50 yards wide. Being at the head of his brigade,
+he plunged in first, and, his horse becoming mired at once, he
+dismounted and waded across alone under the enemy's fire. Signaled his
+men to come over, and when about 40 had joined him he rushed upon the
+battery and captured it after a hand-to-hand fight. At Fishers Hill,
+September 22, 1864, being then in command of a division, executed a
+brilliant flank movement over mountains and through woods, took many
+pieces of artillery, and routed the enemy. At the battle of Cedar
+Creek, October 19, 1864, his conduct attracted so much attention that
+his commander, General Crook, commended him, saying, "Colonel, from
+this day you will be a brigadier-general." The commission reached him
+a few days afterwards. March 13, 1865, received the rank of brevet
+major-general "for gallant and distinguished services during the
+campaign of 1864 in West Virginia, and particularly at the battles of
+Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the
+field, was nominated for Congress and elected. After the war, returned
+to civil life, and took his seat in Congress December 4, 1865. Voted
+with his party on questions connected with the reconstruction of the
+Southern States; supported a resolution declaring the sacredness of
+the public debt and denouncing repudiation, and also one commending
+President Johnson for declining to accept presents and condemning the
+practice; opposed a resolution favoring an increase of pay of members
+of Congress; introduced in a Republican caucus resolutions declaring
+that the only mode of obtaining from the States lately in rebellion
+irreversible guaranties was by constitutional amendment, and that
+an amendment basing representation upon voters instead of population
+ought to be acted upon without delay. In August, 1866, was renominated
+for Congress by acclamation, and was reelected. Supported the
+impeachment of President Johnson. In June, 1867, was nominated for
+governor of Ohio, and at the election defeated Judge Allen G. Thurman.
+In June, 1869, was again nominated for governor, and at the election
+defeated George H. Pendleton. At the expiration of his term as
+governor declined to be a candidate for the United States Senate
+against John Sherman. In 1872 was again nominated for Congress, but at
+the election was defeated. Declined the office of assistant treasurer
+of the United States at Cincinnati. In 1873 established his home at
+Fremont with the intention of retiring from public life. In 1875 was
+again nominated for governor of Ohio, and at the election defeated
+William Allen. Was nominated for President of the United States at
+the national Republican convention at Cincinnati on June 16, 1876. The
+Democrats selected as their candidate Samuel J. Tilden, of New York.
+The result of the election became the subject of acrimonious dispute.
+Each party charged fraud upon the other, and both parties claimed to
+have carried the States of Louisiana, South Carolina, and Florida.
+To avoid a deadlock, which might have happened if the canvass of
+the electoral votes had been left to the two Houses of Congress
+(the Senate having a Republican and the House of Representatives a
+Democratic majority), an act, advocated by members of both parties,
+was passed to refer all contested cases to a commission composed of
+five Senators, five Representatives, and five Justices of the Supreme
+Court, the decision of this commission to be final unless set aside
+by a concurrent vote of the two Houses of Congress. The commission,
+refusing to go behind the certificates of the governors, decided in
+each contested case by a vote of 8 to 7 in favor of the Republican
+electors, beginning with Florida on February 7, and on March 2 Mr.
+Hayes was declared duly elected President of the United States. Was
+inaugurated March 5, 1877. At the expiration of his term returned to
+his home at Fremont, Ohio. Was the recipient of various distinctions.
+The degree of LL.D. was conferred upon him by Kenyon College, Harvard
+University, Yale College, and Johns Hopkins University. Was made
+senior vice-commander of the Military Order of the Loyal Legion,
+commander of the Ohio commandery of the same order, first president
+of the Society of the Army of West Virginia, and president of the
+Twenty-third Regiment Ohio Volunteers Association. Was president of
+the trustees of the John F. Slater education fund; one of the trustees
+of the Peabody education fund; president of the National Prison
+Reform Association; an active member of the National Conference
+of Corrections and Charities; a trustee of the Western Reserve
+University, at Cleveland, Ohio, of the Wesleyan University, of
+Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the
+Ohio State University. He died at Fremont, Ohio, January 17, 1893, and
+was buried there.
+
+
+
+
+INAUGURAL ADDRESS.
+
+FELLOW-CITIZENS: We have assembled to repeat the public ceremonial,
+begun by Washington, observed by all my predecessors, and now a
+time-honored custom, which marks the commencement of a new term of
+the Presidential office. Called to the duties of this great trust,
+I proceed, in compliance with usage, to announce some of the leading
+principles, on the subjects that now chiefly engage the public
+attention, by which it is my desire to be guided in the discharge of
+those duties. I shall not undertake to lay down irrevocably principles
+or measures of administration, but rather to speak of the motives
+which should animate us, and to suggest certain important ends to
+be attained in accordance with our institutions and essential to the
+welfare of our country.
+
+At the outset of the discussions which preceded the recent
+Presidential election it seemed to me fitting that I should fully make
+known my sentiments in regard to several of the important questions
+which then appeared to demand the consideration of the country.
+Following the example, and in part adopting the language, of one of my
+predecessors, I wish now, when every motive for misrepresentation has
+passed away, to repeat what was said before the election, trusting
+that my countrymen will candidly weigh and understand it, and that
+they will feel assured that the sentiments declared in accepting the
+nomination for the Presidency will be the standard of my conduct in
+the path before me, charged, as I now am, with the grave and difficult
+task of carrying them out in the practical administration of the
+Government so far as depends, under the Constitution and laws, on the
+Chief Executive of the nation.
+
+The permanent pacification of the country upon such principles and
+by such measures as will secure the complete protection of all its
+citizens in the free enjoyment of all their constitutional rights is
+now the one subject in our public affairs which all thoughtful and
+patriotic citizens regard as of supreme importance.
+
+Many of the calamitous effects of the tremendous revolution which
+has passed over the Southern States still remain. The immeasurable
+benefits which will surely follow, sooner or later, the hearty and
+generous acceptance of the legitimate results of that revolution have
+not yet been realized. Difficult and embarrassing questions meet us
+at the threshold of this subject. The people of those States are
+still impoverished, and the inestimable blessing of wise, honest,
+and peaceful local self-government is not fully enjoyed. Whatever
+difference of opinion may exist as to the cause of this condition of
+things, the fact is clear that in the progress of events the time has
+come when such government is the imperative necessity required by all
+the varied interests, public and private, of those States. But it must
+not be forgotten that only a local government which recognizes and
+maintains inviolate the rights of all is a true self-government.
+
+With respect to the two distinct races whose peculiar relations to
+each other have brought upon us the deplorable complications and
+perplexities which exist in those States, it must be a government
+which guards the interests of both races carefully and equally.
+It must be a government which submits loyally and heartily to the
+Constitution and the laws--the laws of the nation and the laws of
+the States themselves--accepting and obeying faithfully the whole
+Constitution as it is.
+
+Resting upon this sure and substantial foundation, the superstructure
+of beneficent local governments can be built up, and not otherwise.
+In furtherance of such obedience to the letter and the spirit of the
+Constitution, and in behalf of all that its attainment implies, all
+so-called party interests lose their apparent importance, and party
+lines may well be permitted to fade into insignificance. The question
+we have to consider for the immediate welfare of those States of the
+Union is the question of government or no government; of social order
+and all the peaceful industries and the happiness that belong to it,
+or a return to barbarism. It is a question in which every citizen of
+the nation is deeply interested, and with respect to which we ought
+not to be, in a partisan sense, either Republicans or Democrats, but
+fellow-citizens and fellow-men, to whom the interests of a common
+country and a common humanity are dear.
+
+The sweeping revolution of the entire labor system of a large portion
+of our country and the advance of 4,000,000 people from a condition
+of servitude to that of citizenship, upon an equal footing with their
+former masters, could not occur without presenting problems of the
+gravest moment, to be dealt with by the emancipated race, by their
+former masters, and by the General Government, the author of the
+act of emancipation. That it was a wise, just, and providential
+act, fraught with good for all concerned, is now generally conceded
+throughout the country. That a moral obligation rests upon the
+National Government to employ its constitutional power and influence
+to establish the rights of the people it has emancipated, and to
+protect them in the enjoyment of those rights when they are infringed
+or assailed, is also generally admitted.
+
+The evils which afflict the Southern States can only be removed or
+remedied by the united and harmonious efforts of both races, actuated
+by motives of mutual sympathy and regard; and while in duty bound and
+fully determined to protect the rights of all by every constitutional
+means at the disposal of my Administration, I am sincerely anxious to
+use every legitimate influence in favor of honest and efficient
+local _self_-government as the true resource of those States for the
+promotion of the contentment and prosperity of their citizens. In
+the effort I shall make to accomplish this purpose I ask the cordial
+cooperation of all who cherish an interest in the welfare of the
+country, trusting that party ties and the prejudice of race will be
+freely surrendered in behalf of the great purpose to be accomplished.
+In the important work of restoring the South it is not the political
+situation alone that merits attention. The material development
+of that section of the country has been arrested by the social and
+political revolution through which it has passed, and now needs and
+deserves the considerate care of the National Government within the
+just limits prescribed by the Constitution and wise public economy.
+
+But at the basis of all prosperity, for that as well as for every
+other part of the country, lies the improvement of the intellectual
+and moral condition of the people. Universal suffrage should rest
+upon universal education. To this end, liberal and permanent
+provision should be made for the support of free schools by the State
+governments, and, if need be, supplemented by legitimate aid from
+national authority.
+
+Let me assure my countrymen of the Southern States that it is my
+earnest desire to regard and promote their truest interests--the
+interests of the white and of the colored people both and equally--and
+to put forth my best efforts in behalf of a civil policy which will
+forever wipe out in our political affairs the color line and the
+distinction between North and South, to the end that we may have not
+merely a united North or a united South, but a united country.
+
+I ask the attention of the public to the paramount necessity of reform
+in our civil service--a reform not merely as to certain abuses and
+practices of so-called official patronage which have come to have the
+sanction of usage in the several Departments of our Government, but
+a change in the system of appointment itself; a reform that shall
+be thorough, radical, and complete; a return to the principles and
+practices of the founders of the Government. They neither expected
+nor desired from public officers any partisan service. They meant that
+public officers should owe their whole service to the Government and
+to the people. They meant that the officer should be secure in his
+tenure as long as his personal character remained untarnished and the
+performance of his duties satisfactory. They held that appointments to
+office were not to be made nor expected merely as rewards for partisan
+services, nor merely on the nomination of members of Congress, as
+being entitled in any respect to the control of such appointments.
+
+The fact that both the great political parties of the country, in
+declaring their principles prior to the election, gave a prominent
+place to the subject of reform of our civil service, recognizing and
+strongly urging its necessity, in terms almost identical in their
+specific import with those I have here employed, must be accepted as
+a conclusive argument in behalf of these measures. It must be regarded
+as the expression of the united voice and will of the whole country
+upon this subject, and both political parties are virtually pledged
+to give it their unreserved support.
+
+The President of the United States of necessity owes his election to
+office to the suffrage and zealous labors of a political party,
+the members of which cherish with ardor and regard as of essential
+importance the principles of their party organization; but he should
+strive to be always mindful of the fact that he serves his party best
+who serves the country best.
+
+In furtherance of the reform we seek, and in other important respects
+a change of great importance, I recommend an amendment to the
+Constitution prescribing a term of six years for the Presidential
+office and forbidding a reelection.
+
+With respect to the financial condition of the country, I shall not
+attempt an extended history of the embarrassment and prostration which
+we have suffered during the past three years. The depression in all
+our varied commercial and manufacturing interests throughout the
+country, which began in September, 1873, still continues. It is very
+gratifying, however, to be able to say that there are indications all
+around us of a coming change to prosperous times.
+
+Upon the currency question, intimately connected, as it is, with this
+topic, I may be permitted to repeat here the statement made in my
+letter of acceptance, that in my judgment the feeling of uncertainty
+inseparable from an irredeemable paper currency, with its fluctuation
+of values, is one of the greatest obstacles to a return to prosperous
+times. The only safe paper currency is one which rests upon a coin
+basis and is at all times and promptly convertible into coin.
+
+I adhere to the views heretofore expressed by me in favor of
+Congressional legislation in behalf of an early resumption of specie
+payments, and I am satisfied not only that this is wise, but that
+the interests, as well as the public sentiment, of the country
+imperatively demand it.
+
+Passing from these remarks upon the condition of our own country
+to consider our relations with other lands, we are reminded by the
+international complications abroad, threatening the peace of Europe,
+that our traditional rule of noninterference in the affairs of foreign
+nations has proved of great value in past times and ought to be
+strictly observed.
+
+The policy inaugurated by my honored predecessor, President Grant, of
+submitting to arbitration grave questions in dispute between ourselves
+and foreign powers points to a new, and incomparably the best,
+instrumentality for the preservation of peace, and will, as I believe,
+become a beneficent example of the course to be pursued in similar
+emergencies by other nations.
+
+If, unhappily, questions of difference should at any time during the
+period of my Administration arise between the United States and any
+foreign government, it will certainly be my disposition and my hope to
+aid in their settlement in the same peaceful and honorable way, thus
+securing to our country the great blessings of peace and mutual good
+offices with all the nations of the world.
+
+Fellow-citizens, we have reached the close of a political contest
+marked by the excitement which usually attends the contests between
+great political parties whose members espouse and advocate with
+earnest faith their respective creeds. The circumstances were,
+perhaps, in no respect extraordinary save in the closeness and the
+consequent uncertainty of the result.
+
+For the first time in the history of the country it has been deemed
+best, in view of the peculiar circumstances of the case, that the
+objections and questions in dispute with reference to the counting of
+the electoral votes should be referred to the decision of a tribunal
+appointed for this purpose.
+
+That tribunal--established by law for this sole purpose; its members,
+all of them, men of long-established reputation for integrity and
+intelligence, and, with the exception of those who are also members of
+the supreme judiciary, chosen equally from both political parties; its
+deliberations enlightened by the research and the arguments of able
+counsel--was entitled to the fullest confidence of the American
+people. Its decisions have been patiently waited for, and accepted
+as legally conclusive by the general judgment of the public. For the
+present, opinion will widely vary as to the wisdom of the several
+conclusions announced by that tribunal. This is to be anticipated
+in every instance where matters of dispute are made the subject of
+arbitration under the forms of law. Human judgment is never unerring,
+and is rarely regarded as otherwise than wrong by the unsuccessful
+party in the contest.
+
+The fact that two great political parties have in this way settled a
+dispute in regard to which good men differ as to the facts and the
+law no less than as to the proper course to be pursued in solving the
+question in controversy is an occasion for general rejoicing.
+
+Upon one point there is entire unanimity in public sentiment--that
+conflicting claims to the Presidency must be amicably and peaceably
+adjusted, and that when so adjusted the general acquiescence of the
+nation ought surely to follow.
+
+It has been reserved for a government of the people, where the right
+of suffrage is universal, to give to the world the first example in
+history of a great nation, in the midst of the struggle of opposing
+parties for power, hushing its party tumults to yield the issue of
+the contest to adjustment according to the forms of law.
+
+Looking for the guidance of that Divine Hand by which the destinies
+of nations and individuals are shaped, I call upon you, Senators,
+Representatives, judges, fellow-citizens, here and everywhere, to
+unite with me in an earnest effort to secure to our country the
+blessings, not only of material prosperity, but of justice, peace, and
+union--a union depending not upon the constraint of force, but upon
+the loving devotion of a free people; "and that all things may be
+so ordered and settled upon the best and surest foundations that
+peace and happiness, truth and justice, religion and piety, may be
+established among us for all generations."
+
+MARCH 5, 1877.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the final adjournment of the Forty-fourth Congress without
+making the usual appropriations for the support of the Army for the
+fiscal year ending June 30, 1878, presents an extraordinary occasion
+requiring the President to exercise the power vested in him by the
+Constitution to convene the Houses of Congress in anticipation of the
+day fixed by law for their next meeting:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do, by virtue of the power to this end in me vested by the
+Constitution, convene both Houses of Congress to assemble at their
+respective chambers at 12 o'clock noon on Monday, the 15th day of
+October next, then and there to consider and determine such measures
+as in their wisdom their duty and the welfare of the people may seem
+to demand.
+
+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 5th day of May, A.D. 1877, and of
+the Independence of the United States of America the one hundred and
+first.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+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 the governor of the State of West Virginia has represented
+that domestic violence exists in said State at Martinsburg, and at
+various other points along the line of the Baltimore and Ohio Railroad
+in said State, which the authorities of said State are unable to
+suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever it may be necessary, in the judgment of the President, he
+shall forthwith, by proclamation, command such insurgents to disperse
+and retire peaceably to their respective abodes within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+12 o'clock noon of the 19th day of July instant.
+
+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 18th day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+R.B. HAYES.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+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 the governor of the State of Maryland has represented that
+domestic violence exists in said State at Cumberland, and along the
+line of the Baltimore and Ohio Railroad in said State, which the
+authorities of said State are unable to suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever, in the judgment of the President, it becomes necessary to
+use the military forces to suppress such insurrection or obstruction
+to the laws, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+noon of the 22d day of July instant.
+
+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 21st day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+[SEAL.]
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+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 the governor of the State of Pennsylvania has represented that
+domestic violence exists in said State which the authorities of said
+State are unable to suppress; and
+
+Whereas the laws of the United States require that in all cases of
+insurrection in any State or of obstruction to the laws thereof,
+whenever, in the judgment of the President, it becomes necessary to
+use the military forces to suppress such insurrection or obstruction
+to the laws, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time;
+
+Now, therefore, I, Rutherford B. Hayes, 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 engaged in or
+connected with said domestic violence and obstruction of the laws to
+disperse and retire peaceably to their respective abodes on or before
+12 o'clock noon of the 24th day of July instant.
+
+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 23d day of July, A.D. 1877, and
+of the Independence of the United States of America the one hundred
+and second.
+
+[SEAL.]
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE MANSION, _Washington, May 9, 1877_.
+
+SIR:[1] The President directs me to say that the several Departments
+of the Government will be closed on Wednesday, 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,
+
+W.K. ROGERS, _Secretary_.
+
+[Footnote 1: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+EXECUTIVE MANSION, _Washington, May 26, 1877_.
+
+Hon. JOHN SHERMAN,
+ _Secretary of the Treasury_.
+
+MY DEAR SIR: I have read the partial report of the commission
+appointed to examine the New York custom-house. I concur with the
+commission in their recommendations. It is my wish that the collection
+of the revenues should be free from partisan control, and organized on
+a strictly business basis, with the same guaranties for efficiency and
+fidelity in the selection of the chief and subordinate officers that
+would be required by a prudent merchant. Party leaders should have
+no more influence in appointments than other equally respectable
+citizens. No assessments for political purposes on officers or
+subordinates should be allowed. No useless officer or employee should
+be retained. No officer should be required or permitted to take part
+in the management of political organizations, caucuses, conventions,
+or election campaigns. Their right to vote and to express their
+views on public questions, either orally or through the press, is not
+denied, provided it does not interfere with the discharge of their
+official duties.
+
+Respectfully,
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, June 22, 1877_,
+
+SIR:[2] I desire to call your attention to the following paragraph
+in a letter addressed by me to the Secretary of the Treasury on
+the conduct to be observed by officers of the General Government in
+relation to the elections:
+
+ No officer should be required or permitted to take part in the
+ management of political organizations, caucuses, conventions,
+ or election campaigns. Their right to vote and to express
+ their views on public questions, either orally or through the
+ press, is not denied, provided it does not interfere with
+ the discharge of their official duties. No assessment for
+ political purposes on officers or subordinates should be
+ allowed.
+
+
+This rule is applicable to every department of the civil service. It
+should be understood by every officer of the General Government that
+he is expected to conform his conduct to its requirements.
+
+Very respectfully,
+
+R.B. HAYES.
+
+[Footnote 2: Addressed to Federal officers generally.]
+
+
+
+EXECUTIVE MANSION, _August 7, 1877_.
+
+By virtue of authority conferred upon the President of the United
+States by the provisions of section 2132, Revised Statutes of the
+United States, as follows:
+
+ The President is authorized, whenever in his opinion the
+ public interest may require the same, to prohibit the
+ introduction of goods, or of any particular article, into
+ the country belonging to any Indian tribe, and to direct
+ all licenses to trade with such tribe to be revoked and all
+ applications therefor to be rejected. No trader to any other
+ tribe shall, so long as such prohibition may continue, trade
+ with any Indians of or for the tribe against which such
+ prohibition is issued--
+
+
+the introduction into the Indian country, for the purpose of sale or
+exchange to or with Indians, of any breech-loading firearms, and of
+any special ammunition adapted to such arms, and the sale and exchange
+to Indians in the Indian country of any such arms or ammunition, is
+hereby prohibited; and it is hereby directed that all authority under
+any license to trade in such arms or ammunition is hereby revoked.
+
+The introduction into the country or district occupied by any tribe of
+hostile Indians, for the purpose of sale or exchange to them, of arms
+or ammunition of any description, and the sale or exchange thereof to
+or with such Indians, is hereby prohibited; and it is hereby directed
+that all license to trade in arms or ammunition of any description
+with such tribe be revoked.
+
+By virtue of section 2150, Revised Statutes, as follows:
+
+ The military forces of the United States may be employed in
+ such manner and under such regulations as the President may
+ direct--
+
+ * * * * *
+
+ Third. In preventing the introduction of persons and property
+ into the Indian country contrary to law, which persons and
+ property shall be proceeded against according to law.
+
+ * * * * *
+
+All military commanders are hereby charged with the duty of assisting
+in the execution of the above order and of Executive order of November
+23, 1876,[3] the provisions of which are extended to include all
+Indian country within the Territories of Idaho, Utah, and Washington
+and the States of Nevada and Oregon.
+
+R.B. HAYES.
+
+[Footnote 3: See pp. 398-399.]
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _October 15, 1877._
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+The adjournment of the last Congress without making appropriations
+for the support of the Army for the present fiscal year has rendered
+necessary a suspension of payments to the officers and men of the sums
+due them for services rendered after the 30th day of June last.
+The Army exists by virtue of statutes which prescribe its numbers,
+regulate its organization and employment, and which fix the pay of its
+officers and men and declare their right to receive the same at stated
+periods. These statutes, however, do not authorize the payment of
+the troops in the absence of specific appropriations therefor. The
+Constitution has wisely provided that "no money shall be drawn from
+the Treasury but in consequence of appropriations made by law;" and
+it has also been declared by statute that "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." We have,
+therefore, an Army in service, authorized by law and entitled to be
+paid, but no funds available for that purpose.
+
+It may also be said, as an additional incentive to prompt action by
+Congress, that since the commencement of the fiscal year the Army,
+though without pay, has been constantly and actively employed in
+arduous and dangerous service, in the performance of which both
+officers and men have discharged their duty with fidelity and
+courage and without complaint. These circumstances, in my judgment,
+constituted an extraordinary occasion requiring that Congress be
+convened in advance of the time prescribed by law for your meeting in
+regular session. The importance of speedy action upon this subject
+on the part of Congress is so manifest that I venture to suggest the
+propriety of making the necessary appropriations for the support
+of the Army for the current year at its present maximum numerical
+strength of 25,000 men, leaving for future consideration all questions
+relating to an increase or decrease of the number of enlisted men.
+In the event of the reduction of the Army by subsequent legislation
+during the fiscal year, the excess of the appropriation could not
+be expended; and in the event of its enlargement the additional sum
+required for the payment of the extra force could be provided in due
+time. It would be unjust to the troops now in service, and whose pay
+is already largely in arrears, if payment to them should be further
+postponed until after Congress shall have considered all the questions
+likely to arise in the effort to fix the proper limit to the strength
+of the Army.
+
+Estimates of appropriations for the support of the military
+establishment for the fiscal year ending June 30, 1878, were
+transmitted to Congress by the former Secretary of the Treasury at the
+opening of its session in December last. These estimates, modified by
+the present Secretary so as to conform to present requirements, are
+now renewed, amounting to $32,436,764.98, and, having been transmitted
+to both Houses of Congress, are submitted for your consideration.
+
+There is also required by the Navy Department $2,003,861.24. This sum
+is made up of $1,446,688.16 due to officers and enlisted men for the
+last quarter of the last fiscal year; $311,953.50 due for advances
+made by the fiscal agent of the Government in London for the support
+of the foreign service; $50,000 due to the naval-hospital fund;
+$150,000 due for arrearages of pay to officers, and $45,219.58 for the
+support of the Marine Corps.
+
+There will also be needed an appropriation of $262,535.22 to defray
+the unsettled expenses of the United States courts for the fiscal year
+ending June 30 last, now due to attorneys, clerks, commissioners, and
+marshals, and for rent of court rooms, the support of prisoners, and
+other deficiencies.
+
+A part of the building of the Interior Department was destroyed by
+fire on the 24th of last month. Some immediate repairs and temporary
+structures have in consequence become necessary, estimates for which
+will be transmitted to Congress immediately, and an appropriation of
+the requisite funds is respectfully recommended.
+
+The Secretary of the Treasury will communicate to Congress, in
+connection with the estimates for the appropriations for the support
+of the Army for the current fiscal year, estimates for such other
+deficiencies in the different branches of the public service as
+require immediate action and can not without inconvenience be
+postponed until the regular session.
+
+I take this opportunity also to invite your attention to the propriety
+of adopting at your present session the necessary legislation
+to enable the people of the United States to participate in the
+advantages of the International Exhibition of Agriculture, Industry,
+and the Fine Arts which is to be held at Paris in 1878, and in which
+this Government has been invited by the Government of France to take
+part.
+
+This invitation was communicated to this Government in May, 1876,
+by the minister of France at this capital, and a copy thereof was
+submitted to the proper committees of Congress at its last session,
+but no action was taken upon the subject.
+
+The Department of State has received many letters from various parts
+of the country expressing a desire to participate in the exhibition,
+and numerous applications of a similar nature have also been made at
+the United States legation at Paris.
+
+The Department of State has also received official advice of the
+strong desire on the part of the French Government that the United
+States should participate in this enterprise, and space has hitherto
+been and still is reserved in the exhibition buildings for the use of
+exhibitors from the United States, to the exclusion of other parties
+who have been applicants therefor.
+
+In order that our industries may be properly represented at the
+exhibition, an appropriation will be needed for the payment of
+salaries and expenses of commissioners, for the transportation of
+goods, and for other purposes in connection with the object in view;
+and as May next is the time fixed for the opening of the exhibition,
+if our citizens are to share the advantages of this international
+competition for the trade of other nations the necessity of immediate
+action is apparent.
+
+To enable the United States to cooperate in the international
+exhibition which was held at Vienna in 1873, Congress then passed a
+joint resolution making an appropriation of $200,000 and authorizing
+the President to appoint a certain number of practical artisans and
+scientific men who should attend the exhibition and report their
+proceedings and observations to him. Provision was also made for the
+appointment of a number of honorary commissioners.
+
+I have felt that prompt action by Congress in accepting the invitation
+of the Government of France is of so much interest to the people of
+this country and so suitable to the cordial relations between the
+Governments of the two countries that the subject might properly be
+presented for attention at your present session.
+
+The Government of Sweden and Norway has addressed an official
+invitation to this Government to take part in the International Prison
+Congress to be held at Stockholm next year. The problem which the
+congress proposes to study--how to diminish crime--is one in which
+all civilized nations have an interest in common, and the congress
+of Stockholm seems likely to prove the most important convention ever
+held for the study of this grave question. Under authority of a joint
+resolution of Congress approved February 16, 1875, a commissioner was
+appointed by my predecessor to represent the United States upon that
+occasion, and the Prison Congress having been, at the earnest desire
+of the Swedish Government, postponed to 1878, his commission was
+renewed by me. An appropriation of $8,000 was made in the sundry civil
+act of 1875 to meet the expenses of the commissioner. I recommend
+the reappropriation of that sum for the same purpose, the former
+appropriation having been covered into the Treasury and being no
+longer available for the purpose without further action by Congress.
+The subject is brought to your attention at this time in view of
+circumstances which render it highly desirable that the commissioner
+should proceed to the discharge of his important duties immediately.
+
+As the several acts of Congress providing for detailed reports from
+the different Departments of the Government require their submission
+at the beginning of the regular annual session, I defer until that
+time any further reference to subjects of public interest.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith the report of a board of inquiry
+appointed by the Secretary of the Interior to examine into the causes
+of the fire which destroyed a part of the Interior Department building
+on the 24th of last month.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a report of the Secretary of
+the Navy, setting forth the particulars with reference to the existing
+deficiencies in the Navy Department.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 12, 1877_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 1st
+instant, I transmit herewith reports from the Secretary of State and
+the Secretary of War, with their accompanying papers.[4]
+
+R.B. HAYES.
+
+[Footnote 4: Correspondence relative to Mexican border troubles.]
+
+
+
+WASHINGTON, _November 12, 1877_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 5th
+instant, I transmit herewith reports from the Secretary of State and
+the Secretary of the Treasury, with their accompanying documents.[5]
+
+R.B. HAYES.
+
+[Footnote 5: Correspondence relative to the imposition of a
+differential duty of 50 cents per ton upon Spanish vessels entering
+ports of the United States.]
+
+
+
+EXECUTIVE MANSION, _November 12, 1877_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 16th of
+October, 1877, I have the honor to transmit herewith a statement of
+the appropriations and expenditures by the Navy Department from the
+4th of March, 1789, to June 30, 1876.
+
+A similar statement for the War Department is being prepared as
+rapidly as the limited clerical force in the Treasury Department will
+permit, and when completed will be transmitted to the Senate.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _November 12, 1877_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 30th of
+October, 1877, I have the honor to transmit herewith a statement of
+the annual appropriations and expenditures for army and navy pensions,
+showing also the repayments, the amounts carried to the surplus fund,
+and the net expenditures under each appropriation from March 4, 1789,
+to June 30, 1876.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 14, 1877_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 8th instant, I
+transmit herewith a report[6] from the Secretary of State.
+
+R.B. HAYES.
+
+[Footnote 6: Stating that the information relative to the forcible
+rescue of two prisoners from the jail of Starr County, Tex., by an
+armed band of Mexicans had been transmitted by the President to the
+House of Representatives on the 12th instant.]
+
+
+
+WASHINGTON, D.C., _November 15, 1887_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to its
+resolution of the 12th instant, a report[7] from the Secretary of
+State.
+
+R.B. HAYES.
+
+[Footnote 7: Relating to the indemnity paid by Spain on account of the
+execution of General Ryan and others at Santiago de Cuba.]
+
+
+
+WASHINGTON, _November 20, 1877_.
+
+_To the House of Representatives_:
+
+In answer to a joint resolution of the House of Representatives of the
+6th instant, requesting the opinions of the heads of the Departments
+respecting the obligatory use of the metrical system of weights and
+measures, I transmit herewith a report from the Secretary of State.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _November 27, 1877_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a declaration between the United States and the
+Government of Her Majesty the Queen of the United Kingdom of Great
+Britain and Ireland, for the reciprocal protection of the marks of
+manufacture and trade in the two countries, signed on the 24th of
+October, 1877.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+The completed circle of summer and winter, seedtime and harvest,
+has brought us to the accustomed season at which a religious people
+celebrates with praise and thanksgiving the enduring mercy of Almighty
+God. This devout and public confession of the constant dependence of
+man upon the divine favor for all the good gifts of life and health
+and peace and happiness, so early in our history made the habit of
+our people, finds in the survey of the past year new grounds for its
+joyful and grateful manifestation.
+
+In all the blessings which depend upon benignant seasons, this has
+indeed been a memorable year. Over the wide territory of our country,
+with all its diversity of soil and climate and products, the earth has
+yielded a bountiful return to the labor of the husbandman. The
+health of the people has been blighted by no prevalent or widespread
+diseases. No great disasters of shipwreck upon our coasts or to our
+commerce on the seas have brought loss and hardship to merchants or
+mariners and clouded the happiness of the community with sympathetic
+sorrow.
+
+In all that concerns our strength and peace and greatness as a nation;
+in all that touches the permanence and security of our Government and
+the beneficent institutions on which it rests; in all that affects
+the character and dispositions of our people and tests our capacity
+to enjoy and uphold the equal and free condition of society, now
+permanent and universal throughout the land, the experience of the
+last year is conspicuously marked by the protecting providence of God
+and is full of promise and hope for the coming generations.
+
+Under a sense of these infinite obligations to the Great Ruler of
+Times and Seasons and Events, let us humbly ascribe it to our own
+faults and frailties if in any degree that perfect concord and
+happiness, peace and justice, which such great mercies should diffuse
+through the hearts and lives of our people do not altogether and
+always and everywhere prevail. Let us with one spirit and with one
+voice lift up praise and thanksgiving to God for His manifold goodness
+to our land, His manifest care for our nation.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 29th day of November next, as a day
+of national thanksgiving and prayer; and I earnestly recommend that,
+withdrawing themselves from secular cares and labors, the people of
+the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 29th day of October, A.D.
+1877, and of the Independence of the United States the one hundred and
+second.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+EXECUTIVE MANSION, _Washington, D.C., November 2, 1877_.
+
+I lament the sad occasion which makes it my duty to testify the public
+respect for the eminent citizen and distinguished statesman whose
+death yesterday at his home in Indianapolis has been made known to the
+people by telegraphic announcement.
+
+The services of Oliver P. Morton to the nation in the difficult and
+responsible administration of the affairs of the State of Indiana
+as its governor at a critical juncture of the civil war can never be
+overvalued by his countrymen. His long service in the Senate has shown
+his great powers as a legislator and as a leader and chief counselor
+of the political party charged with the conduct of the Government
+during that period.
+
+In all things and at all times he has been able, strenuous, and
+faithful in the public service, and his fame with his countrymen rests
+upon secure foundations.
+
+The several Executive Departments will be closed on the day of his
+funeral, and appropriate honors should be paid to the memory of the
+deceased statesman by the whole nation.
+
+R.B. HAYES.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+DECEMBER 3, 1877.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+With devout gratitude to the bountiful Giver of All Good, I
+congratulate you that at the beginning of your first regular session
+you find our country blessed with health and peace and abundant
+harvests, and with encouraging prospects of an early return of general
+prosperity.
+
+To complete and make permanent the pacification of the country
+continues to be, and until it is fully accomplished must remain, the
+most important of all our national interests. The earnest purpose of
+good citizens generally to unite their efforts in this endeavor is
+evident. It found decided expression in the resolutions announced in
+1876 by the national conventions of the leading political parties of
+the country. There was a widespread apprehension that the momentous
+results in our progress as a nation marked by the recent amendments
+to the Constitution were in imminent jeopardy; that the good
+understanding which prompted their adoption, in the interest of a
+loyal devotion to the general welfare, might prove a barren truce, and
+that the two sections of the country, once engaged in civil strife,
+might be again almost as widely severed and disunited as they were
+when arrayed in arms against each other.
+
+The course to be pursued, which, in my judgment, seemed wisest in
+the presence of this emergency, was plainly indicated in my inaugural
+address. It pointed to the time, which all our people desire to see,
+when a genuine love of our whole country and of all that concerns
+its true welfare shall supplant the destructive forces of the mutual
+animosity of races and of sectional hostility. Opinions have differed
+widely as to the measures best calculated to secure this great end.
+This was to be expected. The measures adopted by the Administration
+have been subjected to severe and varied criticism. Any course
+whatever which might have been entered upon would certainly have
+encountered distrust and opposition. These measures were, in my
+judgment, such as were most in harmony with the Constitution and
+with the genius of our people, and best adapted, under all the
+circumstances, to attain the end in view. Beneficent results, already
+apparent, prove that these endeavors are not to be regarded as a
+mere experiment, and should sustain and encourage us in our efforts.
+Already, in the brief period which has elapsed, the immediate
+effectiveness, no less than the justice, of the course pursued is
+demonstrated, and I have an abiding faith that time will furnish
+its ample vindication in the minds of the great majority of my
+fellow-citizens. The discontinuance of the use of the Army for the
+purpose of upholding local governments in two States of the Union was
+no less a constitutional duty and requirement, under the circumstances
+existing at the time, than it was a much-needed measure for the
+restoration of local self-government and the promotion of national
+harmony. The withdrawal of the troops from such employment was
+effected deliberately, and with solicitous care for the peace and good
+order of society and the protection of the property and persons and
+every right of all classes of citizens.
+
+The results that have followed are indeed significant and encouraging.
+All apprehension of danger from remitting those States to local
+self-government is dispelled, and a most salutary change in the minds
+of the people has begun and is in progress in every part of that
+section of the country once the theater of unhappy civil strife,
+substituting for suspicion, distrust, and aversion, concord,
+friendship, and patriotic attachment to the Union. No unprejudiced
+mind will deny that the terrible and often fatal collisions which for
+several years have been of frequent occurrence and have agitated and
+alarmed the public mind have almost entirely ceased, and that a spirit
+of mutual forbearance and hearty national interest has succeeded.
+There has been a general reestablishment of order and of the orderly
+administration of justice. Instances of remaining lawlessness have
+become of rare occurrence; political turmoil and turbulence have
+disappeared; useful industries have been resumed; public credit in
+the Southern States has been greatly strengthened, and the encouraging
+benefits of a revival of commerce between the sections of the country
+lately embroiled in civil war are fully enjoyed. Such are some of
+the results already attained, upon which the country is to be
+congratulated. They are of such importance that we may with confidence
+patiently await the desired consummation that will surely come with
+the natural progress of events.
+
+It may not be improper here to say that it should be our fixed and
+unalterable determination to protect by all available and proper means
+under the Constitution and the laws the lately emancipated race in
+the enjoyment of their rights and privileges; and I urge upon those
+to whom heretofore the colored people have sustained the relation of
+bondmen the wisdom and justice of humane and liberal local legislation
+with respect to their education and general welfare. A firm adherence
+to the laws, both national and State, as to the civil and political
+rights of the colored people, now advanced to full and equal
+citizenship; the immediate repression and sure punishment by the
+national and local authorities, within their respective jurisdictions,
+of every instance of lawlessness and violence toward them, is required
+for the security alike of both races, and is justly demanded by the
+public opinion of the country and the age. In this way the restoration
+of harmony and good will and the complete protection of every citizen
+in the full enjoyment of every constitutional right will surely be
+attained. Whatever authority rests with me to this end I shall not
+hesitate to put forth.
+
+Whatever belongs to the power of Congress and the jurisdiction of the
+courts of the Union, they may confidently be relied upon to provide
+and perform; and to the legislatures, the courts, and the executive
+authorities of the several States I earnestly appeal to secure, by
+adequate, appropriate, and seasonable means, within their borders,
+these common and uniform rights of a united people which loves
+liberty, abhors oppression, and reveres justice. These objects are
+very dear to my heart. I shall continue most earnestly to strive
+for their attainment. The cordial cooperation of all classes, of
+all sections of the country and of both races, is required for this
+purpose; and with these blessings assured, and not otherwise, we
+may safely hope to hand down our free institutions of government
+unimpaired to the generations that will succeed us.
+
+Among the other subjects of great and general importance to the people
+of this country, I can not be mistaken, I think, in regarding as
+preeminent the policy and measures which are designed to secure the
+restoration of the currency to that normal and healthful condition in
+which, by the resumption of specie payments, our internal trade
+and foreign commerce may be brought into harmony with the system of
+exchanges which is based upon the precious metals as the intrinsic
+money of the world. In the public judgment that this end should be
+sought and compassed as speedily and securely as the resources of the
+people and the wisdom of their Government can accomplish, there is
+a much greater degree of unanimity than is found to concur in the
+specific measures which will bring the country to this desired end or
+the rapidity of the steps by which it can be safely reached.
+
+Upon a most anxious and deliberate examination, which I have felt it
+my duty to give to the subject, I am but the more confirmed in
+the opinion which I expressed in accepting the nomination for the
+Presidency, and again upon my inauguration, that the policy of
+resumption should be pursued by every suitable means, and that no
+legislation would be wise that should disparage the importance or
+retard the attainment of that result. I have no disposition, and
+certainly no right, to question the sincerity or the intelligence
+of opposing opinions, and would neither conceal nor undervalue the
+considerable difficulties, and even occasional distresses, which may
+attend the progress of the nation toward this primary condition to its
+general and permanent prosperity. I must, however, adhere to my most
+earnest conviction that any wavering in purpose or unsteadiness
+in methods, so far from avoiding or reducing the inconvenience
+inseparable from the transition from an irredeemable to a redeemable
+paper currency, would only tend to increased and prolonged disturbance
+in values, and unless retrieved must end in serious disorder,
+dishonor, and disaster in the financial affairs of the Government and
+of the people.
+
+The mischiefs which I apprehend and urgently deprecate are confined
+to no class of the people, indeed, but seem to me most certainly to
+threaten the industrious masses, whether their occupations are of
+skilled or common labor. To them, it seems to me, it is of prime
+importance that their labor should be compensated in money which is
+itself fixed in exchangeable value by being irrevocably measured by
+the labor necessary to its production. This permanent quality of
+the money of the people is sought for, and can only be gained by
+the resumption of specie payments. The rich, the speculative, the
+operating, the money-dealing classes may not always feel the mischiefs
+of, or may find casual profits in, a variable currency, but the
+misfortunes of such a currency to those who are paid salaries or wages
+are inevitable and remediless.
+
+Closely connected with this general subject of the resumption of
+specie payments is one of subordinate, but still of grave, importance;
+I mean the readjustment of our coinage system by the renewal of
+the silver dollar as an element in our specie currency, endowed by
+legislation with the quality of legal tender to a greater or less
+extent.
+
+As there is no doubt of the power of Congress under the Constitution
+"to coin money and regulate the value thereof," and as this power
+covers the whole range of authority applicable to the metal, the
+rated, value and the legal-tender quality which shall be adopted for
+the coinage, the considerations which should induce or discourage a
+particular measure connected with the coinage, belong clearly to the
+province of legislative discretion and of public expediency. Without
+intruding upon this province of legislation in the least, I have
+yet thought the subject of such critical importance, in the actual
+condition of our affairs, as to present an occasion for the
+exercise of the duty imposed by the Constitution on the President of
+recommending to the consideration of Congress "such measures as he
+shall judge necessary and expedient."
+
+Holding the opinion, as I do, that neither the interests of the
+Government nor of the people of the United States would be promoted by
+disparaging silver as one of the two precious metals which furnish the
+coinage of the world, and that legislation which looks to maintaining
+the volume of intrinsic money to as full a measure of both metals as
+their relative commercial values will permit would be neither unjust
+nor inexpedient, I must ask your indulgence to a brief and definite
+statement of certain essential features in any such legislative
+measure which I feel it my duty to recommend.
+
+I do not propose to enter the debate, represented on both sides by
+such able disputants in Congress and before the people and in the
+press, as to the extent to which the legislation of any one nation
+can control this question, even within its own borders, against the
+unwritten laws of trade or the positive laws of other governments. The
+wisdom of Congress in shaping any particular law that may be presented
+for my approval may wholly supersede the necessity of my entering into
+these considerations, and I willingly avoid either vague or intricate
+inquiries. It is only certain plain and practical traits of such
+legislation that I desire to recommend to your attention.
+
+In any legislation providing for a silver coinage, regulating its
+value, and imparting to it the quality of legal tender, it seems to me
+of great importance that Congress should not lose sight of its action
+as operating in a twofold capacity and in two distinct directions.
+If the United States Government were free from a public debt, its
+legislative dealing with the question of silver coinage would be
+purely sovereign and governmental, under no restraints but those of
+constitutional power and the public good as affected by the proposed
+legislation. But in the actual circumstances of the nation, with a
+vast public debt distributed very widely among our own citizens and
+held in great amounts also abroad, the nature of the silver-coinage
+measure, as affecting this relation of the Government to the holders
+of the public debt, becomes an element, in any proposed legislation,
+of the highest concern. The obligation of the public faith
+transcends all questions of profit or public advantage otherwise.
+Its unquestionable maintenance is the dictate as well of the highest
+expediency as of the most necessary duty, and will ever be carefully
+guarded by Congress and people alike.
+
+The public debt of the United States to the amount of $729,000,000
+bears interest at the rate of 6 per cent, and $708,000,000 at the rate
+of 5 per cent, and the only way in which the country can be relieved
+from the payment of these high rates of interest is by advantageously
+refunding the indebtedness. Whether the debt is ultimately paid in
+gold or in silver coin is of but little moment compared with the
+possible reduction of interest one-third by refunding it at such
+reduced rate. If the United States had the unquestioned right to pay
+its bonds in silver coin, the little benefit from that process would
+be greatly overbalanced by the injurious effect of such payment
+if made or proposed against the honest convictions of the public
+creditors.
+
+All the bonds that have been issued since February 12, 1873, when
+gold became the only unlimited legal-tender metallic currency of the
+country, are justly payable in gold coin or in coin of equal value.
+During the time of these issues the only dollar that could be or was
+received by the Government in exchange for bonds was the gold dollar.
+To require the public creditors to take in repayment any dollar of
+less commercial value would be regarded by them as a repudiation
+of the full obligation assumed. The bonds issued prior to 1873 were
+issued at a time when the gold dollar was the only coin in circulation
+or contemplated by either the Government or the holders of the bonds
+as the coin in which they were to be paid. It is far better to
+pay these bonds in that coin than to seem to take advantage of the
+unforeseen fall in silver bullion to pay in a new issue of silver coin
+thus made so much less valuable. The power of the United States
+to coin money and to regulate the value thereof ought never to be
+exercised for the purpose of enabling the Government to pay its
+obligations in a coin of less value than that contemplated by the
+parties when the bonds were issued. Any attempt to pay the national
+indebtedness in a coinage of less commercial value than the money
+of the world would involve a violation of the public faith and work
+irreparable injury to the public credit.
+
+It was the great merit of the act of March, 1869, in strengthening
+the public credit, that it removed all doubt as to the purpose of the
+United States to pay their bonded debt in coin. That act was accepted
+as a pledge of public faith. The Government has derived great benefit
+from it in the progress thus far made in refunding the public debt at
+low rates of interest. An adherence to the wise and just policy of
+an exact observance of the public faith will enable the Government
+rapidly to reduce the burden of interest on the national debt to an
+amount exceeding $20,000,000 per annum, and effect an aggregate saving
+to the United States of more than $300,000,000 before the bonds can be
+fully paid.
+
+In adapting the new silver coinage to the ordinary uses of currency in
+the everyday transactions of life and prescribing the quality of legal
+tender to be assigned to it, a consideration of the first importance
+should be so to adjust the ratio between the silver and the gold
+coinage, which now constitutes our specie currency, as to accomplish
+the desired end of maintaining the circulation of the two metallic
+currencies and keeping up the volume of the two precious metals as our
+intrinsic money. It is a mixed question, for scientific reasoning
+and historical experience to determine, how far and by what methods a
+practical equilibrium can be maintained which will keep both metals in
+circulation in their appropriate spheres of common use.
+
+An absolute equality of commercial value, free from disturbing
+fluctuations, is hardly attainable, and without it an unlimited
+legal tender for private transactions assigned to both metals would
+irresistibly tend to drive out of circulation the dearer coinage and
+disappoint the principal object proposed by the legislation in view.
+I apprehend, therefore, that the two conditions of a near approach to
+equality of commercial value between the gold and silver coinage of
+the same denomination and of a limitation of the amounts for which the
+silver coinage is to be a legal tender are essential to maintaining
+both in circulation. If these conditions can be successfully observed,
+the issue from the mint of silver dollars would afford material
+assistance to the community in the transition to redeemable paper
+money, and would facilitate the resumption of specie payment and its
+permanent establishment. Without these conditions I fear that only
+mischief and misfortune would flow from a coinage of silver
+dollars with the quality of unlimited legal tender, even in private
+transactions.
+
+Any expectation of temporary ease from an issue of silver coinage to
+pass as a legal tender at a rate materially above its commercial value
+is, I am persuaded, a delusion. Nor can I think that there is any
+substantial distinction between an original issue of silver dollars
+at a nominal value materially above their commercial value and the
+restoration of the silver dollar at a rate which once was, but has
+ceased to be, its commercial value. Certainly the issue of our gold
+coinage, reduced in weight materially below its legal-tender value,
+would not be any the less a present debasement of the coinage by
+reason of its equaling, or even exceeding, in weight a gold
+coinage which at some past time had been commercially equal to the
+legal-tender value assigned to the new issue.
+
+In recommending that the regulation of any silver coinage which may be
+authorized by Congress should observe these conditions of commercial
+value and limited legal tender, I am governed by the feeling that
+every possible increase should be given to the volume of metallic
+money which can be kept in circulation, and thereby every possible aid
+afforded to the people in the process of resuming specie payments. It
+is because of my firm conviction that a disregard of these conditions
+would frustrate the good results which are desired from the proposed
+coinage, and embarrass with new elements of confusion and uncertainty
+the business of the country, that I urge upon your attention these
+considerations.
+
+I respectfully recommend to Congress that in any legislation providing
+for a silver coinage and imparting to it the quality of legal tender
+there be impressed upon the measure a firm provision exempting the
+public debt heretofore issued and now outstanding from payment, either
+of principal or interest, in any coinage of less commercial value than
+the present gold coinage of the country.
+
+The organization of the civil service of the country has for a number
+of years attracted more and more of the public attention. So general
+has become the opinion that the methods of admission to it and
+the conditions of remaining in it are unsound that both the great
+political parties have agreed in the most explicit declarations of the
+necessity of reform and in the most emphatic demands for it. I have
+fully believed these declarations and demands to be the expression of
+a sincere conviction of the intelligent masses of the people upon the
+subject, and that they should be recognized and followed by earnest
+and prompt action on the part of the legislative and executive
+departments of the Government, in pursuance of the purpose indicated.
+
+Before my accession to office I endeavored to have my own views
+distinctly understood, and upon my inauguration my accord with
+the public opinion was stated in terms believed to be plain and
+unambiguous. My experience in the executive duties has strongly
+confirmed the belief in the great advantage the country would find in
+observing strictly the plan of the Constitution, which imposes upon
+the Executive the sole duty and responsibility of the selection of
+those Federal officers who by law are appointed, not elected, and
+which in like manner assigns to the Senate the complete right to
+advise and consent to or to reject the nominations so made, whilst
+the House of Representatives stands as the public censor of the
+performance of official duties, with the prerogative of investigation
+and prosecution in all cases of dereliction. The blemishes and
+imperfections in the civil service may, as I think, be traced in most
+cases to a practical confusion of the duties assigned to the several
+Departments of the Government. My purpose in this respect has been
+to return to the system established by the fundamental law, and to
+do this with the heartiest cooperation and most cordial understanding
+with the Senate and House of Representatives.
+
+The practical difficulties in the selection of numerous officers for
+posts of widely varying responsibilities and duties are acknowledged
+to be very great. No system can be expected to secure absolute freedom
+from mistakes, and the beginning of any attempted change of custom
+is quite likely to be more embarrassed in this respect than any
+subsequent period. It is here that the Constitution seems to me to
+prove its claim to the great wisdom accorded to it. It gives to
+the Executive the assistance of the knowledge and experience of the
+Senate, which, when acting upon nominations as to which they may be
+disinterested and impartial judges, secures as strong a guaranty of
+freedom from errors of importance as is perhaps possible in human
+affairs.
+
+In addition to this, I recognize the public advantage of making all
+nominations, as nearly as possible, impersonal, in the sense of being
+free from mere caprice or favor in the selection; and in those offices
+in which special training is of greatly increased value I believe such
+a rule as to the tenure of office should obtain as may induce men of
+proper qualifications to apply themselves industriously to the task of
+becoming proficients. Bearing these things in mind, I have endeavored
+to reduce the number of changes in subordinate places usually made
+upon the change of the general administration, and shall most heartily
+cooperate with Congress in the better systematizing of such methods
+and rules of admission to the public service and of promotion within
+it as may promise to be most successful in making thorough competency,
+efficiency, and character the decisive tests in these matters.
+
+I ask the renewed attention of Congress to what has already been done
+by the Civil Service Commission, appointed, in pursuance of an act
+of Congress, by my predecessor, to prepare and revise civil-service
+rules. In regard to much of the departmental service, especially at
+Washington, it may be difficult to organize a better system than
+that which has thus been provided, and it is now being used to a
+considerable extent under my direction. The Commission has still a
+legal existence, although for several years no appropriation has been
+made for defraying its expenses. Believing that this Commission
+has rendered valuable service and will be a most useful agency in
+improving the administration of the civil service, I respectfully
+recommend that a suitable appropriation, to be immediately available,
+be made to enable it to continue its labors.
+
+It is my purpose to transmit to Congress as early as practicable a
+report by the chairman of the Commission, and to ask your attention
+to such measures on this subject as in my opinion will further promote
+the improvement of the civil service.
+
+During the past year the United States have continued to maintain
+peaceful relations with foreign powers.
+
+The outbreak of war between Russia and Turkey, though at one time
+attended by grave apprehension as to its effect upon other European
+nations, has had no tendency to disturb the amicable relations
+existing between the United States and each of the two contending
+powers. An attitude of just and impartial neutrality has been
+preserved, and I am gratified to state that in the midst of their
+hostilities both the Russian and the Turkish Governments have shown an
+earnest disposition to adhere to the obligations of all treaties with
+the United States and to give due regard to the rights of American
+citizens.
+
+By the terms of the treaty defining the rights, immunities, and
+privileges of consuls, between Italy and the United States, ratified
+in 1868, either Government may, after the lapse of ten years,
+terminate the existence of the treaty by giving twelve months' notice
+of its intention. The Government of Italy, availing itself of this
+faculty, has now given the required notice, and the treaty will
+accordingly end on the 17th of September, 1878. It is understood,
+however, that the Italian Government wishes to renew it in its general
+scope, desiring only certain modifications in some of its articles.
+In this disposition I concur, and shall hope that no serious obstacles
+may intervene to prevent or delay the negotiation of a satisfactory
+treaty.
+
+Numerous questions in regard to passports, naturalization, and
+exemption from military service have continued to arise in cases of
+emigrants from Germany who have returned to their native country. The
+provisions of the treaty of February 22, 1868, however, have proved to
+be so ample and so judicious that the legation of the United States at
+Berlin has been able to adjust all claims arising under it, not only
+without detriment to the amicable relations existing between the two
+Governments, but, it is believed, without injury or injustice to any
+duly naturalized American citizen. It is desirable that the treaty
+originally made with the North German Union in 1868 should now be
+extended so as to apply equally to all the States of the Empire of
+Germany.
+
+The invitation of the Government of France to participate in the
+Exposition of the Products of Agriculture, Industry, and the Fine
+Arts to be held at Paris during the coming year was submitted for
+your consideration at the extra session. It is not doubted that its
+acceptance by the United States, and a well-selected exhibition of the
+products of American industry on that occasion, will tend to stimulate
+international commerce and emigration, as well as to promote the
+traditional friendship between the two countries.
+
+A question arose some time since as to the proper meaning of the
+extradition articles of the treaty of 1842 between the United States
+and Great Britain. Both Governments, however, are now in accord in
+the belief that the question is not one that should be allowed to
+frustrate the ends of justice or to disturb the friendship between
+the two nations. No serious difficulty has arisen in accomplishing
+the extradition of criminals when necessary. It is probable that all
+points of disagreement will in due time be settled, and, if need be,
+more explicit declarations be made in a new treaty.
+
+The Fishery Commission under Articles XVIII to XXV of the treaty of
+Washington has concluded its session at Halifax. The result of the
+deliberations of the commission, as made public by the commissioners,
+will be communicated to Congress.
+
+A treaty for the protection of trade-marks has been negotiated
+with Great Britain, which has been submitted to the Senate for its
+consideration.
+
+The revolution which recently occurred in Mexico was followed by the
+accession of the successful party to power and the installation of its
+chief, General Porfirio Diaz, in the Presidential office. It has been
+the custom of the United States, when such changes of government have
+heretofore occurred in Mexico, to recognize and enter into official
+relations with the _de facto_ government as soon as it should appear
+to have the approval of the Mexican people and should manifest a
+disposition to adhere to the obligations of treaties and international
+friendship. In the present case such official recognition has been
+deferred by the occurrences on the Rio Grande border, the records
+of which have been already communicated to each House of Congress in
+answer to their respective resolutions of inquiry. Assurances
+have been received that the authorities at the seat of the Mexican
+Government have both the disposition and the power to prevent and
+punish such unlawful invasions and depredations. It is earnestly to be
+hoped that events may prove these assurances to be well founded. The
+best interests of both countries require the maintenance of peace upon
+the border and the development of commerce between the two Republics.
+
+It is gratifying to add that this temporary interruption of official
+relations has not prevented due attention by the representatives of
+the United States in Mexico to the protection of American citizens, so
+far as practicable; nor has it interfered with the prompt payment of
+the amounts due from Mexico to the United States under the treaty of
+July 4, 1868, and the awards of the joint commission. While I do not
+anticipate an interruption of friendly relations with Mexico, yet I
+can not but look with some solicitude upon a continuance of border
+disorders as exposing the two countries to initiations of popular
+feeling and mischances of action which are naturally unfavorable to
+complete amity. Firmly determined that nothing shall be wanting on my
+part to promote a good understanding between the two nations, I yet
+must ask the attention of Congress to the actual occurrences on the
+border, that the lives and property of our citizens may be adequately
+protected and peace preserved.
+
+Another year has passed without bringing to a close the protracted
+contest between the Spanish Government and the insurrection in the
+island of Cuba. While the United States have sedulously abstained from
+any intervention in this contest, it is impossible not to feel that
+it is attended with incidents affecting the rights and interests of
+American citizens. Apart from the effect of the hostilities upon
+trade between the United States and Cuba, their progress is inevitably
+accompanied by complaints, having more or less foundation, of
+searches, arrests, embargoes, and oppressive taxes upon the property
+of American residents, and of unprovoked interference with American
+vessels and commerce. It is due to the Government of Spain to say that
+during the past year it has promptly disavowed and offered reparation
+for any unauthorized acts of unduly zealous subordinates whenever
+such acts have been brought to its attention. Nevertheless, such
+occurrences can not but tend to excite feelings of annoyance,
+suspicion, and resentment, which are greatly to be deprecated, between
+the respective subjects and citizens of two friendly powers.
+
+Much delay (consequent upon accusations of fraud in some of the
+awards) has occurred in respect to the distribution of the limited
+amounts received from Venezuela under the treaty of April 25, 1866,
+applicable to the awards of the joint commission created by that
+treaty. So long as these matters are pending in Congress the Executive
+can not assume either to pass upon the questions presented or to
+distribute the fund received. It is eminently desirable that definite
+legislative action should be taken, either affirming the awards to be
+final or providing some method for reexamination of the claims. Our
+relations with the Republics of Central and South America and with the
+Empire of Brazil have continued without serious change, further than
+the temporary interruption of diplomatic intercourse with Venezuela
+and with Guatemala. Amicable relations have already been fully
+restored with Venezuela, and it is not doubted that all grounds of
+misunderstanding with Guatemala will speedily be removed. From all
+these countries there are favorable indications of a disposition on
+the part of their Governments and people to reciprocate our efforts in
+the direction of increased commercial intercourse.
+
+The Government of the Samoan Islands has sent an envoy, in the person
+of its secretary of state, to invite the Government of the United
+States to recognize and protect their independence, to establish
+commercial relations with their people, and to assist them in their
+steps toward regulated and responsible government. The inhabitants
+of these islands, having made considerable progress in Christian
+civilization and the development of trade, are doubtful of their
+ability to maintain peace and independence without the aid of some
+stronger power. The subject is deemed worthy of respectful attention,
+and the claims upon our assistance by this distant community will be
+carefully considered.
+
+The long commercial depression in the United States has directed
+attention to the subject of the possible increase of our foreign trade
+and the methods for its development, not only with Europe, but with
+other countries, and especially with the States and sovereignties of
+the Western Hemisphere. Instructions from the Department of State
+were issued to the various diplomatic and consular officers of the
+Government, asking them to devote attention to the question of methods
+by which trade between the respective countries of their official
+residence and the United States could be most judiciously fostered.
+In obedience to these instructions, examinations and reports upon this
+subject have been made by many of these officers and transmitted to
+the Department, and the same are submitted to the consideration of
+Congress.
+
+The annual report of the Secretary of the Treasury on the state of the
+finances presents important questions for the action of Congress, upon
+some of which I have already remarked.
+
+The revenues of the Government during the fiscal year ending June 30,
+1877, were $269,000,586.62; the total expenditures for the same period
+were $238,660,008.93, leaving a surplus revenue of $30,340,577.69.
+This has substantially supplied the requirements of the sinking fund
+for that year. The estimated revenues of the current fiscal year are
+$265,500,000, and the estimated expenditures for the same period are
+$232,430,643.72. If these estimates prove to be correct, there will be
+a surplus revenue of $33,069,356.28--an amount nearly sufficient for
+the sinking fund for that year. The estimated revenues for the next
+fiscal year are $269,250,000. It appears from the report that during
+the last fiscal year the revenues of the Government, compared with the
+previous year, have largely decreased. This decrease, amounting to the
+sum of $18,481,452.54, was mainly in customs duties, caused partly
+by a large falling off of the amount of imported dutiable goods and
+partly by the general fall of prices in the markets of production of
+such articles as pay _ad valorem_ taxes.
+
+While this is felt injuriously in the diminution of the revenue, it
+has been accompanied with a very large increase of exportations. The
+total exports during the last fiscal year, including coin, have
+been $658,637,457, and the imports have been $492,097,540, leaving a
+balance of trade in favor of the United States amounting to the sum of
+$166,539,917, the beneficial effects of which extend to all branches
+of business.
+
+The estimated revenue for the next fiscal year will impose upon
+Congress the duty of strictly limiting appropriations, including the
+requisite sum for the maintenance of the sinking fund, within the
+aggregate estimated receipts.
+
+While the aggregate of taxes should not be increased, amendments
+might be made to the revenue laws that would, without diminishing the
+revenue, relieve the people from unnecessary burdens. A tax on tea and
+coffee is shown by the experience not only of our own country, but
+of other countries, to be easily collected, without loss by
+undervaluation or fraud, and largely borne in the country of
+production. A tax of 10 cents a pound on tea and 2 cents a pound on
+coffee would produce a revenue exceeding $12,000,000, and thus enable
+Congress to repeal a multitude of annoying taxes yielding a revenue
+not exceeding that sum. The internal-revenue system grew out of the
+necessities of the war, and most of the legislation imposing taxes
+upon domestic products under this system has been repealed. By the
+substitution of a tax on tea and coffee all forms of internal taxation
+may be repealed, except that on whisky, spirits, tobacco, and beer.
+Attention is also called to the necessity of enacting more vigorous
+laws for the protection of the revenue and for the punishment of
+frauds and smuggling. This can best be done by judicious provisions
+that will induce the disclosure of attempted fraud by undervaluation
+and smuggling. All revenue laws should be simple in their provisions
+and easily understood. So far as practicable, the rates of taxation
+should be in the form of specific duties, and not _ad valorem_,
+requiring the judgment of experienced men to ascertain values and
+exposing the revenue to the temptation of fraud.
+
+My attention has been called during the recess of Congress to abuses
+existing in the collection of the customs, and strenuous efforts
+have been made for their correction by Executive orders. The
+recommendations submitted to the Secretary of the Treasury by a
+commission appointed to examine into the collection of customs duties
+at the port of New York contain many suggestions for the modification
+of the customs laws, to which the attention of Congress is invited.
+
+It is matter of congratulation that notwithstanding the severe
+burdens caused by the war the public faith with all creditors has been
+preserved, and that as the result of this policy the public credit has
+continuously advanced and our public securities are regarded with the
+highest favor in the markets of the world. I trust that no act of the
+Government will cast a shadow upon its credit.
+
+The progress of refunding the public debt has been rapid and
+satisfactory. Under the contract existing when I entered upon the
+discharge of the duties of my office, bonds bearing interest at the
+rate of 4-1/2 per cent were being rapidly sold, and within three
+months the aggregate sales of these bonds had reached the sum of
+$200,000,000. With my sanction the Secretary of the Treasury entered
+into a new contract for the sale of 4 per cent bonds, and within
+thirty days after the popular subscription for such bonds was opened
+subscriptions were had amounting to $75,496,550, which were paid for
+within ninety days after the date of subscription. By this process,
+within but little more than one year, the annual interest on the
+public debt was reduced in the sum of $3,775,000.
+
+I recommended that suitable provision be made to enable the people to
+easily convert their savings into Government securities, as the best
+mode in which small savings may be well secured and yield a moderate
+interest. It is an object of public policy to retain among our own
+people the securities of the United States. In this way our country is
+guarded against their sudden return from foreign countries, caused by
+war or other disturbances beyond our limits.
+
+The commerce of the United States with foreign nations, and especially
+the export of domestic productions, has of late years largely
+increased; but the greater portion of this trade is conducted in
+foreign vessels. The importance of enlarging our foreign trade, and
+especially by direct and speedy interchange with countries on this
+continent, can not be overestimated; and it is a matter of great
+moment that our own shipping interest should receive, to the utmost
+practical extent, the benefit of our commerce with other lands. These
+considerations are forcibly urged by all the large commercial cities
+of the country, and public attention is generally and wisely attracted
+to the solution of the problems they present. It is not doubted that
+Congress will take them up in the broadest spirit of liberality
+and respond to the public demand by practical legislation upon this
+important subject.
+
+The report of the Secretary of War shows that the Army has been
+actively employed during the year, and has rendered very important
+service in suppressing hostilities in the Indian country and in
+preserving peace and protecting life and property in the interior as
+well as along the Mexican border. A long and arduous campaign has been
+prosecuted, with final complete success, against a portion of the Nez
+Perce tribe of Indians. A full account of this campaign will be found
+in the report of the General of the Army. It will be seen that in
+its course several severe battles were fought, in which a number of
+gallant officers and men lost their lives. I join with the Secretary
+of War and the General of the Army in awarding to the officers and men
+employed in the long and toilsome pursuit and in the final capture of
+these Indians the honor and praise which are so justly their due.
+
+The very serious riots which occurred in several of the States in July
+last rendered necessary the employment of a considerable portion of
+the Army to preserve the peace and maintain order. In the States of
+West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
+were so formidable as to defy the local and State authorities, and
+the National Executive was called upon, in the mode provided by the
+Constitution and laws, to furnish military aid. I am gratified to be
+able to state that the troops sent in response to these calls for aid
+in the suppression of domestic violence were able, by the influence
+of their presence in the disturbed regions, to preserve the peace
+and restore order without the use of force. In the discharge of this
+delicate and important duty both officers and men acted with great
+prudence and courage, and for their services deserve the thanks of the
+country.
+
+Disturbances along the Rio Grande in Texas, to which I have already
+referred, have rendered necessary the constant employment of a
+military force in that vicinity. A full report of all recent military
+operations in that quarter has been transmitted to the House of
+Representatives in answer to a resolution of that body, and it will
+therefore not be necessary to enter into details. I regret to say that
+these lawless incursions into our territory by armed bands from the
+Mexican side of the line, for the purpose of robbery, have been of
+frequent occurrence, and in spite of the most vigilant efforts of
+the commander of our forces the marauders have generally succeeded in
+escaping into Mexico with their plunder. In May last I gave orders for
+the exercise of the utmost vigilance on the part of our troops for the
+suppression of these raids and the punishment of the guilty parties,
+as well as the recapture of property stolen by them. General Ord,
+commanding in Texas, was directed to invite the cooperation of the
+Mexican authorities in efforts to this end, and to assure them that I
+was anxious to avoid giving the least offense to Mexico. At the same
+time, he was directed to give notice of my determination to put an
+end to the invasion of our territory by lawless bands intent upon the
+plunder of our peaceful citizens, even if the effectual punishment of
+the outlaws should make the crossing of the border by our troops in
+their pursuit necessary. It is believed that this policy has had
+the effect to check somewhat these depredations, and that with
+a considerable increase of our force upon that frontier and the
+establishment of several additional military posts along the Rio
+Grande, so as more effectually to guard that extensive border, peace
+may be preserved and the lives and property of our citizens in Texas
+fully protected.
+
+Prior to the 1st day of July last the Army was, in accordance with
+law, reduced to the maximum of 25,000 enlisted men, being a reduction
+of 2,500 below the force previously authorized. This reduction was
+made, as required by law, entirely from the infantry and artillery
+branches of the service, without any reduction of the cavalry. Under
+the law as it now stands it is necessary that the cavalry regiments
+be recruited to 100 men in each company for service on the Mexican
+and Indian frontiers. The necessary effect of this legislation is to
+reduce the infantry and artillery arms of the service below the number
+required for efficiency, and I concur with the Secretary of War in
+recommending that authority be given to recruit all companies of
+infantry to at least 50 men and all batteries of artillery to at least
+75 men, with the power, in case of emergency, to increase the former
+to 100 and the latter to 122 men each.
+
+I invite your special attention to the following recommendations of
+the Secretary of War:
+
+First. That provision be made for supplying to the Army a more
+abundant and better supply of reading matter.
+
+Second. That early action be taken by Congress looking to a complete
+revision and republication of the Army Regulations.
+
+Third. That section 1258 of the Revised Statutes, limiting the number
+of officers on the retired list, be repealed.
+
+Fourth. That the claims arising under the act of July 4, 1864, for
+supplies taken by the Army during the war, be taken from the offices
+of the Quartermaster and Commissary Generals and transferred to the
+Southern Claims Commission, or some other tribunal having more time
+and better facilities for their prompt investigation and decision than
+are possessed by these officers.
+
+Fifth. That Congress provide for an annuity fund for the families
+of deceased soldiers, as recommended by the Paymaster-General of the
+Army.
+
+The report of the Secretary of the Navy shows that we have six
+squadrons now engaged in the protection of our foreign commerce
+and other duties pertaining to the naval service. The condition and
+operations of the Department are also shown. The total expenditures
+for the fiscal year ending June 30, 1877, were $16,077,974.54. There
+are unpaid claims against the Department chargeable to the last year,
+which are presented to the consideration of Congress by the report of
+the Secretary. The estimates for the fiscal year commencing July 1,
+1878, are $16,233,234.40, exclusive of the sum of $2,314,231
+submitted for new buildings, repairs, and improvements at the several
+navy-yards. The appropriations for the present fiscal year, commencing
+July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury
+from July 1 to November 1, 1877, is $5,343,037.40, of which there is
+estimated to be yet available $1,029,528.30, showing the amount of
+actual expenditure during the first four months of the present fiscal
+year to have been $4,313,509.10.
+
+The report of the Postmaster-General contains a full and clear
+statement of the operations and condition of the Post-Office
+Department. The ordinary revenues of the Department for the fiscal
+year ending June 30, 1877, including receipts from the money-order
+business and from official stamps and stamped envelopes, amounted
+to the sum of $27,531,585.26. The additional sum of $7,013,000 was
+realized from appropriations from the general Treasury for various
+purposes, making the receipts from all sources $34,544,885.26. The
+total expenditures during the fiscal year amounted to $33,486,322.44,
+leaving an excess of total receipts over total expenditures of
+$1,058,562.82, and an excess of total expenditures over ordinary
+receipts of $5,954,737.18. Deducting from the total receipts the
+sum of $63,261.84, received from international money orders of the
+preceding fiscal year, and deducting from the total expenditures the
+sum of $1,163,818.20, paid on liabilities incurred in previous fiscal
+years, the expenditures and receipts appertaining to the business of
+the last fiscal year were as follows:
+
+ Expenditures $32,322,504.24
+ Receipts (ordinary, from money-order business
+ and from official postage stamps) 27,468,323.42
+ _____________
+ Excess of expenditures 4,854,180.82
+
+
+The ordinary revenues of the Post-Office Department for the year
+ending June 30, 1879, are estimated at an increase of 3 per cent over
+those of 1877, making $29,034,098.28, and the expenditures for
+the same year are estimated at $36,427,771, leaving an estimated
+deficiency for the year 1879 of $7,393,672.72. The additional
+legislation recommended by the Postmaster-General for improvements of
+the mail service and to protect the postal revenues from the abuses
+practiced under existing laws is respectfully commended to the careful
+consideration of Congress.
+
+The report of the Attorney-General contains several suggestions as to
+the administration of justice, to which I invite your attention.
+The pressure of business in the Supreme Court and in certain circuit
+courts of the United States is now such that serious delays, to the
+great injury, and even oppression, of suitors, occur, and a remedy
+should be sought for this condition of affairs. Whether it will be
+found in the plan briefly sketched in the report, of increasing the
+number of judges of the circuit courts, and, by means of this addition
+to the judicial force, of creating an intermediate court of errors and
+appeals, or whether some other mode can be devised for obviating the
+difficulties which now exist, I leave to your mature consideration.
+
+The present condition of the Indian tribes in the territory of the
+United States and our relations with them are fully set forth in
+the reports of the Secretary of the Interior and the Commissioner
+of Indian Affairs. After a series of most deplorable conflicts--the
+successful termination of which, while reflecting honor upon the
+brave soldiers who accomplished it, can not lessen our regret at their
+occurrence--we are now at peace with all the Indian tribes within our
+borders. To preserve that peace by a just and humane policy will be
+the object of my earnest endeavors. Whatever may be said of their
+character and savage propensities, of the difficulties of introducing
+among them the habits of civilized life, and of the obstacles they
+have offered to the progress of settlement and enterprise in certain
+parts of the country, the Indians are certainly entitled to our
+sympathy and to a conscientious respect on our part for their claims
+upon our sense of justice. They were the aboriginal occupants of the
+land we now possess. They have been driven from place to place. The
+purchase money paid to them in some cases for what they called their
+own has still left them poor. In many instances, when they had settled
+down upon land assigned to them by compact and begun to support
+themselves by their own labor, they were rudely jostled off and thrust
+into the wilderness again. Many, if not most, of our Indian wars have
+had their origin in broken promises and acts of injustice upon our
+part, and the advance of the Indians in civilization has been slow
+because the treatment they received did not permit it to be faster
+and more general. We can not expect them to improve and to follow our
+guidance unless we keep faith with them in respecting the rights they
+possess, and unless, instead of depriving them of their opportunities,
+we lend them a helping hand.
+
+I cordially approve the policy regarding the management of Indian
+affairs outlined in the reports of the Secretary of the Interior and
+of the Commissioner of Indian Affairs. The faithful performance of
+our promises is the first condition of a good understanding with the
+Indians. I can not too urgently recommend to Congress that prompt and
+liberal provision be made for the conscientious fulfillment of all
+engagements entered into by the Government with the Indian tribes.
+To withhold the means necessary for the performance of a promise
+is always false economy, and is apt to prove disastrous in its
+consequences. Especial care is recommended to provide for Indians
+settled on their reservations cattle and agricultural implements, to
+aid them in whatever efforts they may make to support themselves, and
+by the establishment and maintenance of schools to bring them under
+the control of civilized influences. I see no reason why Indians who
+can give satisfactory proof of having by their own labor supported
+their families for a number of years, and who are willing to detach
+themselves from their tribal relations, should not be admitted to the
+benefit of the homestead act and the privileges of citizenship, and
+I recommend the passage of a law to that effect. It will be an act
+of justice as well as a measure of encouragement. Earnest efforts
+are being made to purify the Indian service, so that every dollar
+appropriated by Congress shall redound to the benefit of the Indians,
+as intended. Those efforts will have my firm support. With an improved
+service and every possible encouragement held out to the Indians
+to better their condition and to elevate themselves in the scale of
+civilization, we may hope to accomplish at the same time a good work
+for them and for ourselves.
+
+I invite the attention of Congress to the importance of the statements
+and suggestions made by the Secretary of the Interior concerning the
+depredations committed on the timber lands of the United States and
+the necessity for the preservation of forests. It is believed that
+the measures taken in pursuance of existing laws to arrest those
+depredations will be entirely successful if Congress, by an
+appropriation for that purpose, renders their continued enforcement
+possible. The experience of other nations teaches us that a country
+can not be stripped of its forests with impunity, and we shall
+expose ourselves to the gravest consequences unless the wasteful
+and improvident manner in which the forests in the United States
+are destroyed be effectually checked. I earnestly recommend that
+the measures suggested by the Secretary of the Interior for the
+suppression of depredations on the public timber lands of the United
+States, for the selling of timber from the public lands, and for the
+preservation of forests be embodied in a law, and that, considering
+the urgent necessity of enabling the people of certain States and
+Territories to purchase timber from the public lands in a legal
+manner, which at present they can not do, such a law be passed without
+unavoidable delay. I would also call the attention of Congress to
+the statements made by the Secretary of the Interior concerning the
+disposition that might be made of the desert lands, not irrigable,
+west of the one hundredth meridian. These lands are practically
+unsalable under existing laws, and the suggestion is worthy of
+consideration that a system of leasehold tenure would make them
+a source of profit to the United States, while at the same time
+legalizing the business of cattle raising which is at present carried
+on upon them.
+
+The report of the Commissioner of Agriculture contains the gratifying
+announcement of the extraordinary success which has rewarded the
+agricultural industry of the country for the past year. With the fair
+prices which obtain for the products of the soil, especially for the
+surplus which our people have to export, we may confidently turn to
+this as the most important of all our resources for the revival of the
+depressed industries of the country. The report shows our agricultural
+progress during the year, and contains a statement of the work done
+by this Department for the advancement of agricultural industry, upon
+which the prosperity of our people so largely depends. Matters of
+information are included of great interest to all who seek, by the
+experience of others, to improve their own methods of cultivation.
+The efforts of the Department to increase the production of important
+articles of consumption will, it is hoped, improve the demand for
+labor and advance the business of the country, and eventually result
+in saving some of the many millions that are now annually paid to
+foreign nations for sugar and other staple products which habitual use
+has made necessary in our domestic everyday life.
+
+The board on behalf of the United States Executive Departments at the
+International Exhibition of 1876 has concluded its labors. The final
+report of the board was transmitted to Congress by the President
+near the close of the last session. As these papers are understood to
+contain interesting and valuable information, and will constitute
+the only report emanating from the Government on the subject of the
+exhibition, I invite attention to the matter and recommend that the
+report be published for general information.
+
+Congress is empowered by the Constitution with the authority of
+exclusive legislation over the District of Columbia, in which the seat
+of Government of the nation is located. The interests of the District,
+having no direct representation in Congress, are entitled to especial
+consideration and care at the hands of the General Government. The
+capital of the United States belongs to the nation, and it is natural
+that the American people should take pride in the seat of their
+National Government and desire it to be an ornament to the country.
+Much has been done to render it healthful, convenient, and attractive,
+but much remains to be done, which its permanent inhabitants are not
+able and ought not to be expected to do. To impose upon them a large
+proportion of the cost required for public improvements, which are
+in a great measure planned and executed for the convenience of the
+Government and of the many thousands of visitors from all parts of
+the country who temporarily reside at the capital of the nation, is an
+evident injustice. Special attention is asked by the Commissioners of
+the District in their report, which is herewith transmitted, to the
+importance of a permanent adjustment by Congress of the financial
+relations between the United States and the District, involving
+the regular annual contribution by the United States of its just
+proportion of the expenses of the District government and of the
+outlay for all needed public improvements, and such measure of
+relief from the burden of taxation now resting upon the people of the
+District as in the wisdom of Congress may be deemed just.
+
+The report of the Commissioners shows that the affairs of the District
+are in a condition as satisfactory as could be expected in view of the
+heavy burden of debt resting upon it and its very limited means for
+necessary expenses.
+
+The debt of the District is as follows:
+
+ Old funded debt $8,379,691.96
+ 3.65 bonds, guaranteed by the United States 13,743,250.00
+ _____________
+ Total bonded debt 22,122,941.96
+
+ To which should be added certain outstanding claims,
+ as explained in the report of the Commissioners 1,187,204.52
+ _____________
+ Making the total debt of the District 23,310,146.48
+
+
+The Commissioners also ask attention to the importance of the
+improvement of the Potomac River and the reclamation of the marshes
+bordering the city of Washington, and their views upon this subject
+are concurred in by the members of the board of health, whose report
+is also herewith transmitted. Both the commercial and sanitary
+interests of the District will be greatly promoted, I doubt not,
+by this improvement.
+
+Your attention is invited to the suggestion of the Commissioners and
+of the board of health for the organization of a board of charities,
+to have supervision and control of the disbursement of all moneys for
+charitable purposes from the District treasury. I desire also to ask
+your especial attention to the need of adding to the efficiency of the
+public schools of the District by supplemental aid from the National
+Treasury. This is especially just, since so large a number of those
+attending these schools are children of employees of the Government.
+I earnestly commend to your care the interests of the people of
+the District, who are so intimately associated with the Government
+establishments, and to whose enterprise the good order and
+attractiveness of the capital are largely due; and I ask your
+attention to the request of the Commissioners for legislation in
+behalf of the interests intrusted to their care. The appropriations
+asked for the care of the reservations belonging to the Government
+within the city, by the Commissioner of Public Buildings and Grounds,
+are also commended to your favorable consideration.
+
+The report of the joint commission created by the act approved 2d of
+August, 1876, entitled "An act providing for the completion of the
+Washington Monument," is also herewith transmitted, with accompanying
+documents. The board of engineer officers detailed to examine the
+monument, in compliance with the second section of the act, have
+reported that the foundation is insufficient. No authority exists for
+making the expenditure necessary to secure its stability. I therefore
+recommend that the commission be authorized to expend such portion of
+the sum appropriated by the act as may be necessary for the purpose.
+The present unfinished condition of the monument, begun so long ago,
+is a reproach to the nation. It can not be doubted that the patriotic
+sense of the country will warmly respond to such prompt provision
+as may be made for its completion at an early day, and I urge upon
+Congress the propriety and necessity of immediate legislation for this
+purpose.
+
+The wisdom of legislation upon the part of Congress, in aid of the
+States, for the education of the whole people in those branches of
+study which are taught in the common schools of the country is no
+longer a question. The intelligent judgment of the country goes still
+further, regarding it as also both constitutional and expedient for
+the General Government to extend to technical and higher education,
+such aid as is deemed essential to the general welfare and to our due
+prominence among the enlightened and cultured nations of the world.
+The ultimate settlement of all questions of the future, whether of
+administration or finance or of true nationality of sentiment, depends
+upon the virtue and intelligence of the people. It is vain to hope
+for the success of a free government without the means of insuring
+the intelligence of those who are the source of power. No less than
+one-seventh of the entire voting population of our country are yet
+unable to read and write.
+
+It is encouraging to observe, in connection with the growth of
+fraternal feeling in those States in which slavery formerly existed,
+evidences of increasing interest in universal education, and I shall
+be glad to give my approval to any appropriate measures which may be
+enacted by Congress for the purpose of supplementing with national aid
+the local systems of education in those States and in all the States;
+and, having already invited your attention to the needs of the
+District of Columbia with respect to its public-school system, I here
+add that I believe it desirable, not so much with reference to the
+local wants of the District, but to the great and lasting benefit
+of the entire country, that this system should be crowned with a
+university in all respects in keeping with the national capital, and
+thereby realize the cherished hopes of Washington on this subject.
+
+I also earnestly commend the request of the Regents of the
+Smithsonian Institution that an adequate appropriation be made for
+the establishment and conduct of a national museum under their
+supervision.
+
+The question of providing for the preservation and growth of the
+Library of Congress is also one of national importance. As the
+depository of all copyright publications and records, this library has
+outgrown the provisions for its accommodation; and the erection, on
+such site as the judgment of Congress may approve, of a fireproof
+library building, to preserve the treasures and enlarge the usefulness
+of this valuable collection, is recommended. I recommend also such
+legislation as will render available and efficient for the purposes
+of instruction, so far as is consistent with the public service, the
+cabinets or museums of invention, of surgery, of education, and
+of agriculture, and other collections the property of the National
+Government.
+
+The capital of the nation should be something more than a mere
+political center. We should avail ourselves of all the opportunities
+which Providence has here placed at our command to promote the general
+intelligence of the people and increase the conditions most favorable
+to the success and perpetuity of our institutions.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _December 10, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the information of Congress, a copy of the
+report of the commission appointed by me on the 27th of September,
+1877, to examine the several public buildings in this city
+and determine the nature and extent of their security against
+conflagrations and the measures to be taken to guard the buildings and
+their contents from destruction or damage by fire.
+
+The records of the Government constitute a most valuable collection
+for the country, whether we consider their pecuniary value or their
+historical importance; and it becomes my duty to call your attention
+to the means suggested for securing these valuable archives, as well
+as the buildings in which they are stored. The commissioners
+have performed their duties intelligently and faithfully. Their
+recommendations are fully concurred in by me and commended to the
+favorable consideration of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 10, 1877_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith an additional report (and an
+accompanying statement) addressed to me by the commissioners appointed
+under the act of Congress approved July 19, 1876, authorizing the
+repavement of that part of Pennsylvania avenue lying between the
+Treasury Department and the Capitol Grounds.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 13, 1877_.
+
+_To the House of Representatives_:
+
+I transmit herewith a special report upon the subject of forestry by
+the Commissioner of Agriculture, with the accompanying documents.
+
+R.B. HAYES.
+
+[A similar message was sent to the Senate.]
+
+
+
+WASHINGTON, _January 11, 1878_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 3d
+ultimo, requesting to be furnished with the correspondence between the
+Government of Venezuela and that of the United States had since the
+adjournment of the first session of the Forty-fourth Congress in
+relation to the Venezuela Mixed Claims Commission, I transmit the
+report of the Secretary of State, together with its accompanying
+documents.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 14, 1878_.
+
+_To the Senate of the United States_:
+
+I have received the following resolution of the Senate:
+
+ IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
+ _December 11, 1877._
+
+ _Resolved_, That the President be respectfully requested
+ to inform the Senate, with the view to the transaction of
+ its executive business, whether in any of the instances of
+ nominations hitherto sent to the Senate stated to be for
+ appointment in place of officers removed such removals had
+ been made at the time of sending such nominations to the
+ Senate.
+
+
+In reply I would respectfully inform the Senate that in the instances
+referred to removals had not been made at the time the nominations
+were sent to the Senate. The form used for such nominations was one
+found to have been in existence and heretofore used in some of
+the Departments, and was intended to inform the Senate that if the
+nomination proposed were approved it would operate to remove an
+incumbent whose name was indicated.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 17, 1878_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of the 13th November last
+calling for information concerning the cause, numbers engaged, number
+of lives lost, and probable cost of the late so-called Nez Perce War,
+I have the honor to submit the accompanying communication from the
+General of the Army and an extract from the annual report of that
+officer. Upon the subject of the cost of the Nez Perce War, I submit
+reports from the Quartermaster-General and the Commissary-General of
+Subsistence.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _January 18, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty of friendship and commerce between the United
+States and the Government of the Samoan Islands, signed on the 17th
+instant.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 18, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of December 6, 1877, I
+inclose a report made to me by the Attorney-General, the results
+of which seem to be correct, and which affords the information[8]
+requested.
+
+R.B. HAYES.
+
+[Footnote 8: Operation of the Union Pacific Railroad and its branches.]
+
+[A similar message was sent to the House of Representatives, in answer
+to a resolution of that body of November 27, 1877.]
+
+
+
+EXECUTIVE MANSION, _January 23, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of November 16, 1877,
+I transmit reports[9] made to me by the Attorney-General and the
+Secretary of the Navy.
+
+R.B. HAYES.
+
+[Footnote 9: Relating to the seizure of logs, lumber, and naval stores
+suspected or having been taken from the public lands.]
+
+
+
+EXECUTIVE MANSION, _January 29, 1878_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 10th ultimo, I
+transmit herewith copies of reports[10] of the Commissioners of
+Indian Affairs and General Land Office, dated 9th and 21st instant,
+respectively.
+
+R.B. HAYES.
+
+[Footnote 10: Relating to payments to the Ute Indians under the fourth
+article of the agreement of September 13, 1873, and to the occupancy
+of lands ceded by said Indians.]
+
+
+
+EXECUTIVE MANSION, _February 4, 1878_.
+
+_To the Senate and House of Representatives_:
+
+The commission appointed under the act of Congress approved March
+3, 1873, entitled "An act to authorize inquiries into the causes of
+steam-boiler explosions," have addressed a report of progress, made to
+date thereof, to the Secretaries of the Treasury and Navy Departments,
+which has been transmitted to me by these officers. The commission
+also present a copy of a report dated February 27, 1877, which they
+say "was mislaid and did not reach the President." These reports are
+respectfully submitted for the information of Congress.
+
+
+
+WASHINGTON, _February 6, 1878_.
+
+_To the Senate_:
+
+I transmit herewith, in compliance with a resolution of the Senate of
+the 6th of December last, a report from the Secretary of State and its
+accompanying papers.[11]
+
+R.B. HAYES.
+
+[Footnote 11: Correspondence relative to the Franco-German War.]
+
+
+
+EXECUTIVE MANSION, _February 11, 1878_.
+
+_To the Senate and House of Representatives_:
+
+In compliance with the resolution of Congress entitled "Joint
+resolution accepting a painting[12] tendered to Congress by Mrs.
+Elizabeth Thompson," approved by me on the 1st instant, I have this
+day caused a copy of the resolution to be delivered to Mrs. Thompson.
+
+R.B. HAYES.
+
+[Footnote 12: Carpenter's painting of President Lincoln and his Cabinet
+at the time of his first reading of the Proclamation of Emancipation.]
+
+
+
+EXECUTIVE MANSION, _February 20, 1878_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of January 30, 1878,
+I transmit herewith a report,[13] dated the 16th instant, from the
+Commissioner of Indian Affairs.
+
+R.B. HAYES.
+
+[Footnote 13: Relating to the survey of lands in the Indian Territory,
+etc.]
+
+
+
+EXECUTIVE MANSION, _February 20, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate dated December 7, 1877,
+I transmit herewith reports from the General of the Army, the
+Quartermaster-General, the Commissary-General of Subsistence, and the
+Chief of Ordnance, showing what has been the cost (estimated) of the
+late war with the Sioux Indians, and what the casualties of rank and
+file among the soldiers engaged in said Sioux War.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 27, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the information of the Senate, the reply of
+the Commissioner of Agriculture to a resolution of the Senate of the
+20th instant, "relative to the disease prevailing among swine," etc.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 21, 1878_.
+
+_To the Senate_:
+
+In answer to the resolution of the Senate of the 11th of March
+instant, I herewith transmit a report from the Secretary of State,
+with accompanying documents.[14]
+
+R.B. HAYES.
+
+[Footnote 14: Correspondence relative to the appointment of a third
+commissioner under the twenty-third article of the treaty with Great
+Britain of May 8, 1871, on the question of the fisheries.]
+
+
+
+EXECUTIVE MANSION, _March 25, 1878_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of December 7,
+1877, as to the cost of the Sioux War, I transmit copies of additional
+reports on the subject received from the Military Division of the
+Missouri.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _March 27, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the Senate's resolution of the 14th ultimo, requesting to
+be furnished with a copy of correspondence between the Government of
+the United States and that of China respecting the "Ward" claims and
+the claim of Charles E. Hill, I herewith submit a letter from the
+Secretary of State, together with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 29, 1878_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in compliance with a resolution of the House of
+Representatives of the 21st ultimo, a report from the Secretary of
+State and its accompanying papers.[15]
+
+R.B. HAYES.
+
+[Footnote 15: Correspondence with Spain relative to the seizure of the
+steamer _Virginius_, etc.]
+
+
+
+EXECUTIVE MANSION, _May 2, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of April 16, 1878,1 transmit
+herewith reports[16] made to me by the Secretary of the Treasury and
+the Attorney-General.
+
+R.B. HAYES.
+
+[Footnote 16: Relating to the defalcations of William R. Whitaker while
+collector of internal revenue for the first district of Louisiana and
+while assistant treasurer of the United States at New Orleans.]
+
+
+
+WASHINGTON, _May 10, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention defining the rights, immunities, and
+privileges of consular officers, between the United States and His
+Majesty the King of Italy, signed on the 8th instant.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 14, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 29th ultimo, I
+transmit herewith a report from the Secretary of State, with its
+accompanying papers.[17]
+
+R.B. HAYES.
+
+[Footnote 17: Correspondence relative to the terms and conditions under
+which the Cuban insurgents surrendered and to the policy of Spain in
+the government of Cuba.]
+
+
+
+EXECUTIVE MANSION, _May 17, 1878_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit, for your appropriate action, a communication
+from the Secretary of State, on the subject of the result of the
+deliberations of the Fishery Commission appointed under certain
+provisions of the treaty of Washington, with the accompanying
+documents.
+
+Article XXII of the treaty provides that any sum of money which the
+commissioners may award shall be paid by the United States Government
+in a gross sum within twelve months after such award shall have been
+given.
+
+The commission announced the result of its deliberations on the 23d
+day of November last year, and an appropriation at the present session
+of Congress will be necessary to enable the Government to make the
+payment provided for in the treaty.
+
+I respectfully submit to the consideration of Congress the record
+of the transaction as presented upon the papers, and recommend an
+appropriation of the necessary sum, with such discretion to the
+executive government in regard to its payment as in the wisdom of
+Congress the public interests may seem to require.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 25, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to its
+ratification, a consular convention between the United States and the
+Netherlands, signed on the 23d instant.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 11, 1878_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+27th May ultimo, I transmit the response of the Secretary of State,
+accompanied by a copy of the papers[18] called for by the resolution.
+
+R.B. HAYES.
+
+[Footnote 18: Relating to the convention of May 20, 1875, for the
+establishment of an international bureau of weights and measures.]
+
+
+
+EXECUTIVE MANSION, _June 12, 1878_.
+
+_To the Senate and House of Representatives_:
+
+In transmitting herewith to Congress a communication from the
+Secretary of State on the subject of the conference provided for
+in the act of February 28, 1878, entitled "An act to authorize the
+coinage of the standard silver dollar and to restore its legal-tender
+character," I respectfully recommend that an adequate appropriation be
+made for certain expenses of the conference and of the commissioners
+attending the same on behalf of the United States, as suggested in the
+communication of the Secretary of State.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 15, 1878_.
+
+_To the House of Representatives_:
+
+I have the honor to transmit herewith the report of the board for
+testing iron, steel, and other metals, as requested in the resolution
+of the House of Representatives dated April 27, 1878.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June,7, 1878_.
+
+_To the Senate_:
+
+In answer to the resolution of the Senate of the 27th of May ultimo,
+I herewith transmit a report from the Secretary of State, with
+accompanying documents.[19]
+
+R.B. HAYES.
+
+[Footnote 19: Correspondence, etc., relative to the selection of M.
+Maurice Delfosse as one of the commissioners under the treaty with
+Great Britain of May 8, 1871, on the fisheries question.]
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _February 28, 1878_.
+
+_To the House of Representatives_:
+
+After a very careful consideration of the House bill No. 1093,
+entitled "An act to authorize the coinage of the standard silver
+dollar and to restore its legal-tender character," I feel compelled
+to return it to the House of Representatives, in which it originated,
+with my objections to its passage.
+
+Holding the opinion, which I expressed in my annual message, that
+"neither the interests of the Government nor of the people of the
+United States would be promoted by disparaging silver as one of the
+two precious metals which furnish the coinage of the world, and that
+legislation which looks to maintaining the volume of intrinsic money
+to as full a measure of both metals as their relative commercial
+values will permit would be neither unjust nor inexpedient," it has
+been my earnest desire to concur with Congress in the adoption of such
+measures to increase the silver coinage of the country as would not
+impair the obligation of contracts, either public or private, nor
+injuriously affect the public credit. It is only upon the conviction
+that this bill does not meet these essential requirements that I feel
+it my duty to withhold from it my approval.
+
+My present official duty as to this bill permits only an attention to
+the specific objections to its passage which seem to me so important
+as to justify me in asking from the wisdom and duty of Congress that
+further consideration of the bill for which the Constitution has in
+such cases provided.
+
+The bill provides for the coinage of silver dollars of the weight of
+412-1/2 grains each, of standard silver, to be a legal tender at their
+nominal value for all debts and dues, public and private, except where
+otherwise expressly stipulated in the contract. It is well known that
+the market value of that number of grains of standard silver during
+the past year has been from 90 to 92 cents as compared with the
+standard gold dollar. Thus the silver dollar authorized by this bill
+is worth 8 to 10 per cent less than it purports to be worth, and
+is made a legal tender for debts contracted when the law did not
+recognize such coins as lawful money.
+
+The right to pay duties in silver or in certificates for silver
+deposits will, when they are issued in sufficient amount to circulate,
+put an end to the receipt of revenue in gold, and thus compel the
+payment of silver for both the principal and interest of the public
+debt. One billion one hundred and forty-three million four hundred
+and ninety-three thousand four hundred dollars of the bonded debt now
+outstanding was issued prior to February, 1873, when the silver dollar
+was unknown in circulation in this country, and was only a convenient
+form of silver bullion for exportation; $583,440,350 of the funded
+debt has been issued since February, 1873, when gold alone was the
+coin for which the bonds were sold, and gold alone was the coin in
+which both parties to the contract understood that the bonds would
+be paid. These bonds entered into the markets of the world. They were
+paid for in gold when silver had greatly depreciated, and when no one
+would have bought them if it had been understood that they would be
+paid in silver. The sum of $225,000,000 of these bonds has been sold
+during my Administration for gold coin, and the United States received
+the benefit of these sales by a reduction of the rate of interest to
+4 per cent. During the progress of these sales a doubt was suggested
+as to the coin in which payment of these bonds would be made. The
+public announcement was thereupon authorized that it was "not to be
+anticipated that any future legislation of Congress or any action
+of any department of the Government would sanction or tolerate the
+redemption of the principal of these bonds or the payment of the
+interest thereon in coin of less value than the coin authorized by law
+at the time of the issue of the bonds, being the coin exacted by the
+Government in exchange for the same." In view of these facts it will
+be justly regarded as a grave breach of the public faith to undertake
+to pay these bonds, principal or interest, in silver coin worth in the
+market less than the coin received for them.
+
+It is said that the silver dollar made a legal tender by this bill
+will under its operation be equivalent in value to the gold dollar.
+Many supporters of the bill believe this, and would not justify an
+attempt to pay debts, either public or private, in coin of inferior
+value to the money of the world. The capital defect of the bill
+is that it contains no provision protecting from its operation
+preexisting debts in case the coinage which it creates shall continue
+to be of less value than that which was the sole legal tender when
+they were contracted. If it is now proposed, for the purpose of taking
+advantage of the depreciation of silver in the payment of debts, to
+coin and make a legal tender a silver dollar of less commercial value
+than any dollar, whether of gold or paper, which is now lawful money
+in this country, such measure, it will hardly be questioned, will,
+in the judgment of mankind, be an act of bad faith. As to all debts
+heretofore contracted, the silver dollar should be made a legal tender
+only at its market value. The standard of value should not be changed
+without the consent of both parties to the contract. National promises
+should be kept with unflinching fidelity. There is no power to compel
+a nation to pay its just debts. Its credit depends on its honor. The
+nation owes what it has led or allowed its creditors to expect. I can
+not approve a bill which in my judgment authorizes the violation of
+sacred obligations. The obligation of the public faith transcends
+all questions of profit or public advantage. Its unquestionable
+maintenance is the dictate as well of the highest expediency as of
+the most necessary duty, and should ever be carefully guarded by the
+Executive, by Congress, and by the people.
+
+It is my firm conviction that if the country is to be benefited by a
+silver coinage it can be done only by the issue of silver dollars of
+full value, which will defraud no man. A currency worth less than it
+purports to be worth will in the end defraud not only creditors, but
+all who are engaged in legitimate business, and none more surely than
+those who are dependent on their daily labor for their daily bread.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 6, 1878._
+
+_To the House of Representatives:_
+
+I return herewith House bill No. 3072, entitled "An act to authorize
+a special term of the circuit court of the United States for the
+southern district of Mississippi to be held at Scranton, in Jackson
+County," with the following objections to its becoming a law:
+
+The act provides that a special term of the circuit court of the
+United States for the southern district of Mississippi shall be held
+at Scranton, in Jackson County, Miss., to begin on the second Monday
+in March, 1878, and directs the clerk of said court to "cause notice
+of said special term of said court to be published in a newspaper in
+Jackson, Miss., and also in a newspaper in Scranton, at least ten days
+before the beginning thereof."
+
+The act can not be executed, inasmuch as there is not sufficient time
+to give the notice of the holding of the special term which Congress
+thought proper to require.
+
+The number of suits to be tried at the special term in which the
+United States is interested is forty-nine, and the amount involved
+exceeds $200,000. The Government can not prepare for trial at said
+special term, because no fund appropriated by Congress can be made
+available for that purpose. If, therefore, the Government is compelled
+to go to trial at the special term provided for by this bill, the
+United States must be defeated for want of time and means to make
+preparation for the proper vindication of its rights.
+
+The bill is therefore returned for the further consideration of
+Congress.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it is provided in the laws of the United States that whenever,
+by reason of unlawful obstructions, combinations or assemblages of
+persons, or rebellion against the authority of the Government of the
+United States, it shall become impracticable, in the judgment of the
+President, to enforce by the ordinary course of judicial proceedings
+the laws of the United States within any State or Territory, it shall
+be lawful for the President to call forth the militia of any or all
+the States and to employ such parts of the land and naval forces of
+the United States as he may deem necessary to enforce the faithful
+execution of the laws of the United States or to suppress such
+rebellion, in whatever State or Territory thereof the laws of the
+United States may be forcibly opposed or the execution thereof
+forcibly obstructed; and
+
+Whereas it has been made to appear to me that, by reason of unlawful
+combinations and assemblages of persons in arms, it has become
+impracticable to enforce by the ordinary course of judicial
+proceedings the laws of the United States within the Territory of New
+Mexico, and especially within Lincoln County therein, and that the
+laws of the United States have been therein forcibly opposed and the
+execution thereof forcibly resisted; 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 of enforcing the faithful execution of the laws of
+the United States, he shall forthwith, by proclamation, command such
+insurgents to disperse and retire peaceably to their respective abodes
+within a limited time:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do hereby admonish all good citizens of the United States,
+and especially of the Territory of New Mexico, against aiding,
+countenancing, abetting, or taking part in any such unlawful
+proceedings; and I do hereby warn all persons engaged in or connected
+with said obstruction of the laws to disperse and retire peaceably to
+their respective abodes on or before noon of the 13th day of October
+instant.
+
+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 7th day of October, A.D. 1878,
+and of the Independence of the United States the one hundred and
+third.
+
+R.B. HAYES.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+The recurrence of that season at which it is the habit of our people
+to make devout and public confession of their constant dependence upon
+the divine favor for all the good gifts of life and happiness and
+of public peace and prosperity exhibits in the record of the year
+abundant reasons for our gratitude and thanksgiving.
+
+Exuberant harvests, productive mines, ample crops of the staples of
+trade and manufactures, have enriched the country.
+
+The resources thus furnished to our reviving industry and expanding
+commerce are hastening the day when discords and distresses through
+the length and breadth of the land will, under the continued favor
+of Providence, have given way to confidence and energy and assured
+prosperity.
+
+Peace with all nations has been maintained unbroken, domestic
+tranquillity has prevailed, and the institutions of liberty and
+justice which the wisdom and virtue of our fathers established remain
+the glory and defense of their children.
+
+The general prevalence of the blessings of health through our wide
+land has made more conspicuous the sufferings and sorrows which the
+dark shadow of pestilence has cast upon a portion of our people. This
+heavy affliction even the Divine Ruler has tempered to the suffering
+communities in the universal sympathy and succor which have flowed to
+their relief, and the whole nation may rejoice in the unity of spirit
+in our people by which they cheerfully share one another's burdens.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 28th day of November next, as a day
+of national thanksgiving and prayer; and I earnestly recommend that,
+withdrawing themselves from secular cares and labors, the people of
+the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 30th day of October, A.D. 1878,
+and of the Independence of the United States the one hundred and
+third.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE MANSION, _Washington, December 31, 1877_.
+
+JAMES H. COGGESHALL, Esq.,
+ _Marshal of the United States for the
+ District of Rhode Island, Providence, R.I._
+
+SIR: By virtue of the authority conferred upon me by section 5287 of
+the Revised Statutes of the United States, and in execution of the
+same, you are hereby empowered and directed to take possession of the
+steamer _Estelle_, now or lately lying at Bristol, in Rhode Island,
+and to detain the same until further orders from me concerning the
+same, and to employ such portion of the land and naval forces of the
+United States as may be necessary for that purpose.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, May 27, 1878_.
+
+SIR:[20] I am directed by the President to say that the several
+Departments of the Government will be closed on Thursday, the 30th
+instant, in respect to the memory of those who fell in defense of the
+Union, and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 20: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 2, 1878_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+Our heartfelt gratitude is due to the Divine Being who holds in His
+hands the destinies of nations for the continued bestowal during the
+last year of countless blessings upon our country.
+
+We are at peace with all other nations. Our public credit has greatly
+improved, and is perhaps now stronger than ever before. Abundant
+harvests have rewarded the labors of those who till the soil, our
+manufacturing industries are reviving, and it is believed that general
+prosperity, which has been so long anxiously looked for, is at last
+within our reach.
+
+The enjoyment of health by our people generally has, however, been
+interrupted during the past season by the prevalence of a fatal
+pestilence (the yellow fever) in some portions of the Southern States,
+creating an emergency which called for prompt and extraordinary
+measures of relief. The disease appeared as an epidemic at New Orleans
+and at other places on the Lower Mississippi soon after midsummer.
+It was rapidly spread by fugitives from the infected cities and
+towns, and did not disappear until early in November. The States of
+Louisiana, Mississippi, and Tennessee have suffered severely. About
+100,000 cases are believed to have occurred, of which about 20,000,
+according to intelligent estimates, proved fatal. It is impossible
+to estimate with any approach to accuracy the loss to the country
+occasioned by this epidemic. It is to be reckoned by the hundred
+millions of dollars. The suffering and destitution that resulted
+excited the deepest sympathy in all parts of the Union. Physicians and
+nurses hastened from every quarter to the assistance of the afflicted
+communities. Voluntary contributions of money and supplies, in every
+needed form, were speedily and generously furnished. The Government
+was able to respond in some measure to the call for help, by providing
+tents, medicines, and food for the sick and destitute, the requisite
+directions for the purpose being given in the confident expectation
+that this action of the Executive would receive the sanction of
+Congress. About 1,800 tents, and rations of the value of about
+$25,000, were sent to cities and towns which applied for them,
+full details of which will be furnished to Congress by the proper
+Department.
+
+The fearful spread of this pestilence has awakened a very general
+public sentiment in favor of national sanitary administration, which
+shall not only control quarantine, but have the sanitary supervision
+of internal commerce in times of epidemics, and hold an advisory
+relation to the State and municipal health authorities, with power
+to deal with whatever endangers the public health, and which the
+municipal and State authorities are unable to regulate. The national
+quarantine act approved April 29, 1878, which was passed too late in
+the last session of Congress to provide the means for carrying it into
+practical operation during the past season, is a step in the direction
+here indicated. In view of the necessity for the most effective
+measures, by quarantine and otherwise, for the protection of our
+seaports and the country generally from this and other epidemics,
+it is recommended that Congress give to the whole subject early and
+careful consideration.
+
+The permanent pacification of the country by the complete protection
+of all citizens in every civil and political right continues to be of
+paramount interest with the great body of our people. Every step
+in this direction is welcomed with public approval, and every
+interruption of steady and uniform progress to the desired
+consummation awakens general uneasiness and widespread condemnation.
+The recent Congressional elections have furnished a direct and
+trustworthy test of the advance thus far made in the practical
+establishment of the right of suffrage secured by the Constitution to
+the liberated race in the Southern States. All disturbing influences,
+real or imaginary, had been removed from all of these States.
+
+The three constitutional amendments which conferred freedom and
+equality of civil and political rights upon the colored people of the
+South were adopted by the concurrent action of the great body of good
+citizens who maintained the authority of the National Government and
+the integrity and perpetuity of the Union at such a cost of treasure
+and life, as a wise and necessary embodiment in the organic law of the
+just results of the war. The people of the former slaveholding States
+accepted these results, and gave in every practicable form assurances
+that the thirteenth, fourteenth, and fifteenth amendments, and laws
+passed in pursuance thereof, should in good faith be enforced, rigidly
+and impartially, in letter and spirit, to the end that the humblest
+citizen, without distinction of race or color, should under them
+receive full and equal protection in person and property and in
+political rights and privileges. By these constitutional amendments
+the southern section of the Union obtained a large increase of
+political power in Congress and in the electoral college, and the
+country justly expected that elections would proceed, as to
+the enfranchised race, upon the same circumstances of legal and
+constitutional freedom and protection which obtained in all the other
+States of the Union. The friends of law and order looked forward to
+the conduct of these elections as offering to the general judgment of
+the country an important opportunity to measure the degree in which
+the right of suffrage could be exercised by the colored people and
+would be respected by their fellow-citizens; but a more general
+enjoyment of freedom of suffrage by the colored people and a more just
+and generous protection of that freedom by the communities of which
+they form a part were generally anticipated than the record of the
+elections discloses. In some of those States in which the colored
+people have been unable to make their opinions felt in the elections
+the result is mainly due to influences not easily measured or remedied
+by legal protection; but in the States of Louisiana and South Carolina
+at large, and in some particular Congressional districts outside
+of those States, the records of the elections seem to compel the
+conclusion that the rights of the colored voters have been overridden
+and their participation in the elections not permitted to be either
+general or free.
+
+It will be for the Congress for which these elections were held to
+make such examinations into their conduct as may be appropriate to
+determine the validity of the claims of members to their seats. In
+the meanwhile it becomes the duty of the executive and judicial
+departments of the Government, each in its province, to inquire into
+and punish violations of the laws of the United States which have
+occurred. I can but repeat what I said in this connection in my last
+message, that whatever authority rests with me to this end I shall not
+hesitate to put forth; and I am unwilling to forego a renewed appeal
+to the legislatures, the courts, the executive authorities, and the
+people of the States where these wrongs have been perpetrated to
+give their assistance toward bringing to justice the offenders and
+preventing a repetition of the crimes. No means within my power will
+be spared to obtain a full and fair investigation of the alleged
+crimes and to secure the conviction and just punishment of the guilty.
+
+It is to be observed that the principal appropriation made for the
+Department of Justice at the last session contained the following
+clause:
+
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+
+
+It is the opinion of the Attorney-General that the expenses of these
+proceedings will largely exceed the amount which was thus provided,
+and I rely confidently upon Congress to make adequate appropriations
+to enable the executive department to enforce the laws.
+
+I respectfully urge upon your attention that the Congressional
+elections, in every district, in a very important sense, are justly a
+matter of political interest and concern throughout the whole country.
+Each State, every political party, is entitled to the share of power
+which is conferred by the legal and constitutional suffrage. It is the
+right of every citizen possessing the qualifications prescribed by
+law to cast one unintimidated ballot and to have his ballot honestly
+counted. So long as the exercise of this power and the enjoyment of
+this right are common and equal, practically as well as formally,
+submission to the results of the suffrage will be accorded loyally and
+cheerfully, and all the departments of Government will feel the
+true vigor of the popular will thus expressed. No temporary or
+administrative interests of Government, however urgent or weighty,
+will ever displace the zeal of our people in defense of the primary
+rights of citizenship. They understand that the protection of liberty
+requires the maintenance in full vigor of the manly methods of free
+speech, free press, and free suffrage, and will sustain the full
+authority of Government to enforce the laws which are framed to
+preserve these inestimable rights. The material progress and welfare
+of the States depend on the protection afforded to their citizens.
+There can be no peace without such protection, no prosperity without
+peace, and the whole country is deeply interested in the growth and
+prosperity of all its parts.
+
+While the country has not yet reached complete unity of feeling
+and reciprocal confidence between the communities so lately and so
+seriously estranged, I feel an absolute assurance that the tendencies
+are in that direction, and with increasing force. The power of public
+opinion will override all political prejudices and all sectional or
+State attachments in demanding that all over our wide territory the
+name and character of citizen of the United States shall mean one and
+the same thing and carry with them unchallenged security and respect.
+
+Our relations with other countries continue peaceful. Our neutrality
+in contests between foreign powers has been maintained and respected.
+
+The Universal Exposition held at Paris during the past summer has been
+attended by large numbers of our citizens. The brief period allowed
+for the preparation and arrangement of the contributions of our
+citizens to this great exposition was well employed in energetic and
+judicious efforts to overcome this disadvantage. These efforts, led
+and directed by the commissioner-general, were remarkably successful,
+and the exhibition of the products of American industry was creditable
+and gratifying in scope and character. The reports of the United
+States commissioners, giving its results in detail, will be duly laid
+before you. Our participation in this international competition for
+the favor and the trade of the world may be expected to produce useful
+and important results--in promoting intercourse, friendship, and
+commerce with other nations.
+
+In accordance with the provisions of the act of February 28, 1878,
+three commissioners were appointed to an international conference on
+the subject of adopting a common ratio between gold and silver, for
+the purpose of establishing internationally the use of bimetallic
+money and securing fixity of relative value between those metals.
+
+Invitations were addressed to the various governments which had
+expressed a willingness to participate in its deliberations. The
+conference held its meetings in Paris in August last. The report
+of the commissioners, herewith submitted, will show its results.
+No common ratio between gold and silver could be agreed upon by the
+conference. The general conclusion was reached that it is necessary to
+maintain in the world the monetary functions of silver as well as of
+gold, leaving the selection of the use of one or the other of these
+two metals, or of both, to be made by each state.
+
+Congress having appropriated at its last session the sum of $5,500,000
+to pay the award of the joint commission at Halifax, if, after
+correspondence with the British Government on the subject of the
+conformity of the award to the requirements of the treaty and to
+the terms of the question thereby submitted to the commission, the
+President shall deem it his duty to make the payment, communications
+upon these points were addressed to the British Government through
+the legation of the United States at London. Failing to obtain the
+concurrence of the British Government in the views of this Government
+respecting the award, I have deemed it my duty to tender the sum named
+within the year fixed by the treaty, accompanied by a notice of the
+grounds of the payment and a protest against any other construction
+of the same. The correspondence upon this subject will be laid before
+you.
+
+The Spanish Government has officially announced the termination of
+the insurrection in Cuba and the restoration of peace throughout that
+island. Confident expectations are expressed of a revival of trade
+and prosperity, which it is earnestly hoped may prove well founded.
+Numerous claims of American citizens for relief for injuries
+or restoration of property have been among the incidents of the
+long-continued hostilities. Some of these claims are in process of
+adjustment by Spain, and the others are promised early and careful
+consideration.
+
+The treaty made with Italy in regard to reciprocal consular privileges
+has been duly ratified and proclaimed.
+
+No questions of grave importance have arisen with any other of the
+European powers.
+
+The Japanese Government has been desirous of a revision of such parts
+of its treaties with foreign powers as relate to commerce, and it is
+understood has addressed to each of the treaty powers a request to
+open negotiations with that view. The United States Government has
+been inclined to regard the matter favorably. Whatever restrictions
+upon trade with Japan are found injurious to that people can not but
+affect injuriously nations holding commercial intercourse with them.
+Japan, after a long period of seclusion, has within the past few years
+made rapid strides in the path of enlightenment and progress, and, not
+unreasonably, is looking forward to the time when her relations with
+the nations of Europe and America shall be assimilated to those which
+they hold with each other. A treaty looking to this end has been made,
+which will be submitted for the consideration of the Senate.
+
+After an interval of several years the Chinese Government has again
+sent envoys to the United States. They have been received, and a
+permanent legation is now established here by that Government. It is
+not doubted that this step will be of advantage to both nations in
+promoting friendly relations and removing causes of difference.
+
+The treaty with the Samoan Islands, having been duly ratified and
+accepted on the part of both Governments, is now in operation, and a
+survey and soundings of the harbor of Pago-Pago have been made by a
+naval vessel of the United States, with a view of its occupation as
+a naval station if found desirable to the service.
+
+Since the resumption of diplomatic relations with Mexico
+correspondence has been opened and still continues between the two
+Governments upon the various questions which at one time seemed to
+endanger their relations. While no formal agreement has been reached
+as to the troubles on the border, much has been done to repress and
+diminish them. The effective force of United States troops on the Rio
+Grande, by a strict and faithful compliance with instructions, has
+done much to remove the sources of dispute, and it is now understood
+that a like force of Mexican troops on the other side of the river is
+also making an energetic movement against the marauding Indian tribes.
+This Government looks with the greatest satisfaction upon every
+evidence of strength in the national authority of Mexico, and upon
+every effort put forth to prevent or to punish incursions upon our
+territory. Reluctant to assume any action or attitude in the control
+of these incursions by military movements across the border not
+imperatively demanded for the protection of the lives and property
+of our own citizens, I shall take the earliest opportunity consistent
+with the proper discharge of this plain duty to recognize the ability
+of the Mexican Government to restrain effectively violations of
+our territory. It is proposed to hold next year an international
+exhibition in Mexico, and it is believed that the display of the
+agricultural and manufacturing products of the two nations will tend
+to better understanding and increased commercial intercourse between
+their people.
+
+With Brazil and the Republics of Central and South America some
+steps have been taken toward the development of closer commercial
+intercourse. Diplomatic relations have been resumed with Colombia and
+with Bolivia. A boundary question between the Argentine Republic and
+Paraguay has been submitted by those Governments for arbitration
+to the President of the United States, and I have, after careful
+examination, given a decision upon it.
+
+A naval expedition up the Amazon and Madeira rivers has brought back
+information valuable both for scientific and commercial purposes. A
+like expedition is about visiting the coast of Africa and the Indian
+Ocean. The reports of diplomatic and consular officers in relation
+to the development of our foreign commerce have furnished many facts
+that have proved of public interest and have stimulated to practical
+exertion the enterprise of our people.
+
+The report of the Secretary of the Treasury furnishes a detailed
+statement of the operations of that Department of the Government and
+of the condition of the public finances.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1878, were $257,763,878.70; the ordinary expenditures for the same
+period were $236,964,326.80, leaving a surplus revenue for the year of
+$20,799,551.90. The receipts for the present fiscal year, ending June
+30, 1879, actual and estimated, are as follows: Actual receipts for
+the first quarter, commencing July 1, 1878, $73,389,743.43;
+estimated receipts for the remaining three quarters of the year,
+$191,110,256.57; total receipts for the current fiscal year, actual
+and estimated, $264,500,000. The expenditures for the same period will
+be, actual and estimated, as follows: For the quarter commencing July
+1, 1878, actual expenditures, $73,344,573.27; and for the remaining
+three quarters of the year the expenditures are estimated at
+$166,755,426.73, making the total expenditures $240,100,000, and
+leaving an estimated surplus revenue for the year ending June 30,
+1879, of $24,400,000. The total receipts during the next fiscal year,
+ending June 30, 1880, estimated according to existing laws, will be
+$264,500,000, and the estimated ordinary expenditures for the same
+period will be $236,320,412.68, leaving a surplus of $28,179,587.32
+for that year.
+
+In the foregoing statements of expenditures, actual and estimated,
+no amount is allowed for the sinking fund provided for by the act
+approved February 25, 1862, which requires that 1 per cent of the
+entire debt of the United States shall be purchased or paid within
+each fiscal year, to be set apart as a sinking fund. There has been,
+however, a substantial compliance with the conditions of the law. By
+its terms the public debt should have been reduced between 1862
+and the close of the last fiscal year $518,361,806.28; the
+actual reduction of the ascertained debt in that period has been
+$720,644,739.61, being in excess of the reduction required by the
+sinking fund act $202,282,933.33.
+
+The amount of the public debt, less cash in the Treasury, November 1,
+1878, was $2,024,200,083.18, a reduction since the same date last year
+of $23,150,617.39.
+
+The progress made during the last year in refunding the public debt at
+lower rates of interest is very gratifying. The amount of 4 per cent
+bonds sold during the present year prior to November 23, 1878, is
+$100,270,900, and 6 per cent bonds, commonly known as five-twenties,
+to an equal amount, have been or will be redeemed as calls mature.
+
+It has been the policy of the Department to place the 4 per cent bonds
+within easy reach of every citizen who desires to invest his savings,
+whether small or great, in these securities. The Secretary of the
+Treasury recommends that the law be so modified that small sums may
+be invested, and that through the post-offices or other agents of the
+Government the freest opportunity may be given in all parts of the
+country for such investments.
+
+The best mode suggested is that the Department be authorized to issue
+certificates of deposit, of the denomination of $10, bearing interest
+at the rate of 3.65 per cent per annum and convertible at any time
+within one year after their issue into the 4 per cent bonds authorized
+by the refunding act, and to be issued only in exchange for United
+States notes sent to the Treasury by mail or otherwise. Such a
+provision of law, supported by suitable regulations, would enable any
+person readily, without cost or risk, to convert his money into an
+interest-bearing security of the United States, and the money so
+received could be applied to the redemption of 6 per cent bonds.
+
+The coinage of gold during the last fiscal year was $52,798,980. The
+coinage of silver dollars under the act passed February 28, 1878,
+amounted on the 23d of November, 1878, to $19,814,550, of which amount
+$4,984,947 are in circulation, and the balance, $14,829,603, is still
+in the possession of the Government.
+
+With views unchanged with regard to the act under which the coinage of
+silver proceeds, it has been the purpose of the Secretary faithfully
+to execute the law and to afford a fair trial to the measure.
+
+In the present financial condition of the country I am persuaded that
+the welfare of legitimate business and industry of every description
+will be best promoted by abstaining from all attempts to make radical
+changes in the existing financial legislation. Let it be understood
+that during the coming year the business of the country will be
+undisturbed by governmental interference with the laws affecting it,
+and we may confidently expect that the resumption of specie payments,
+which will take place at the appointed time, will be successfully and
+easily maintained, and that it will be followed by a healthful and
+enduring revival of business prosperity.
+
+Let the healing influence of time, the inherent energies of our
+people, and the boundless resources of our country have a fair
+opportunity, and relief from present difficulties will surely follow.
+
+The report of the Secretary of War shows that the Army has been well
+and economically supplied; that our small force has been actively
+employed and has faithfully performed all the service required of it.
+The morale of the Army has improved and the number of desertions has
+materially decreased during the year.
+
+The Secretary recommends--
+
+1. That a pension be granted to the widow of the late Lieutenant Henry
+H. Benner, Eighteenth Infantry, who lost his life by yellow fever
+while in command of the steamer _J.M. Chambers_, sent with supplies
+for the relief of sufferers in the South from that disease.
+
+2. The establishment of the annuity scheme for the benefit of the
+heirs of deceased officers, as suggested by the Paymaster-General.
+
+3. The adoption by Congress of a plan for the publication of the
+records of the War of the Rebellion, now being prepared for that
+purpose.
+
+4. The increase of the extra per diem of soldier teachers employed in
+post schools, and liberal appropriations for the erection of buildings
+for schools and libraries at the different posts.
+
+5. The repeal or amendment of the act of June 18, 1878, forbidding the
+use of the Army "as a _posse comitatus_, or otherwise, for the
+purpose of executing the laws, except in such cases and under such
+circumstances as such employment of said force may be expressly
+authorized by the Constitution or by act of Congress."
+
+6. The passage of a joint resolution of Congress legalizing the issues
+of rations, tents, and medicines which were made for the relief of
+sufferers from yellow fever.
+
+7. That provision be made for the erection of a fireproof building for
+the preservation of certain valuable records, now constantly exposed
+to destruction by fire.
+
+These recommendations are all commended to your favorable
+consideration.
+
+The report of the Secretary of the Navy shows that the Navy
+has improved during the last fiscal year. Work has been done on
+seventy-five vessels, ten of which have been thoroughly repaired
+and made ready for sea. Two others are in rapid progress toward
+completion. The total expenditures of the year, including the
+amount appropriated for the deficiencies of the previous year, were
+$17,468,392.65. The actual expenses chargeable to the year, exclusive
+of these deficiencies, were $13,306,914.09, or $767,199.18 less than
+those of the previous year, and $4,928,677.74 less than the expenses
+including the deficiencies. The estimates for the fiscal year ending
+June 30, 1880, are $14,562,381.45, exceeding the appropriations of
+the present year only $33,949.75, which excess is occasioned by the
+demands of the Naval Academy and the Marine Corps, as explained in the
+Secretary's report. The appropriations for the present fiscal year are
+$14,528,431.70, which, in the opinion of the Secretary, will be ample
+for all the current expenses of the Department during the year. The
+amount drawn from the Treasury from July 1 to November 1, 1878, is
+$4,740,544.14, of which $70,980.75 has been refunded, leaving as the
+expenditure for that period $4,669,563.39, or $520,899.24 less than
+the corresponding period of the last fiscal year.
+
+The report of the Postmaster-General embraces a detailed statement of
+the operations of the Post-Office Department. The expenditures of
+that Department for the fiscal year ended June 30, 1878, were
+$34,165,084.49. The receipts, including sales of stamps, money-order
+business, and official stamps, were $29,277,516.95. The sum of
+$290,436.90, included in the foregoing statement of expenditures, is
+chargeable to preceding years, so that the actual expenditures for the
+fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn
+from the Treasury on appropriations, in addition to the revenues of
+the Department, was $5,307,652.82. The expenditures for the fiscal
+year ending June 30, 1880, are estimated at $36,571,900 and the
+receipts from all sources at $30,664,023.90, leaving a deficiency to
+be appropriated out of the Treasury of $5,907,876.10. The report calls
+attention to the fact that the compensation of postmasters and of
+railroads for carrying the mail is regulated by law, and that the
+failure of Congress to appropriate the amounts required for these
+purposes does not relieve the Government of responsibility, but
+necessarily increases the deficiency bills which Congress will be
+called upon to pass.
+
+In providing for the postal service the following questions are
+presented: Should Congress annually appropriate a sum for its expenses
+largely in excess of its revenues, or should such rates of postage be
+established as will make the Department self-sustaining? Should the
+postal service be reduced by excluding from the mails matter which
+does not pay its way? Should the number of post routes be diminished?
+Should other methods be adopted which will increase the revenues or
+diminish the expenses of the postal service?
+
+The International Postal Congress which met at Paris May 1, 1878, and
+continued in session until June 4 of the same year, was composed of
+delegates from nearly all the civilized countries of the world. It
+adopted a new convention (to take the place of the treaty concluded
+at Berne October 9, 1874), which goes into effect on the 1st of April,
+1879, between the countries whose delegates have signed it. It was
+ratified and approved, by and with the consent of the President,
+August 13, 1878. A synopsis of this Universal Postal Convention will
+be found in the report of the Postmaster-General, and the full text
+in the appendix thereto. In its origin the Postal Union comprised
+twenty-three countries, having a population of 350,000,000 people.
+On the 1st of April next it will comprise forty-three countries and
+colonies, with a population of more than 650,000,000 people, and will
+soon, by the accession of the few remaining countries and colonies
+which maintain organized postal services, constitute in fact as well
+as in name, as its new title indicates, a universal union, regulating,
+upon a uniform basis of cheap postage rates, the postal intercourse
+between all civilized nations.
+
+Some embarrassment has arisen out of the conflict between the customs
+laws of this country and the provisions of the Postal Convention in
+regard to the transmission of foreign books and newspapers to this
+country by mail. It is hoped that Congress will be able to devise some
+means of reconciling the difficulties which have thus been created, so
+as to do justice to all parties involved.
+
+The business of the Supreme Court and of the courts in many of the
+circuits has increased to such an extent during the past year that
+additional legislation is imperative to relieve and prevent the
+delay of justice and possible oppression to suitors which is thus
+occasioned. The encumbered condition of these dockets is presented
+anew in the report of the Attorney-General, and the remedy suggested
+is earnestly urged for Congressional action. The creation of
+additional circuit judges, as proposed, would afford a complete
+remedy, and would involve an expense, at the present rate of salaries,
+of not more than $60,000 a year.
+
+The annual reports of the Secretary of the Interior and of the
+Commissioner of Indian Affairs present an elaborate account of the
+present condition of the Indian tribes and of that branch of the
+public service which ministers to their interests. While the conduct
+of the Indians generally has been orderly and their relations with
+their neighbors friendly and peaceable, two local disturbances have
+occurred, which were deplorable in their character, but remained,
+happily, confined to a comparatively small number of Indians. The
+discontent among the Bannocks, which led first to some acts of
+violence on the part of some members of the tribe and finally to the
+outbreak, appears to have been caused by an insufficiency of food
+on the reservation, and this insufficiency to have been owing to the
+inadequacy of the appropriations made by Congress to the wants of the
+Indians at a time when the Indians were prevented from supplying the
+deficiency by hunting. After an arduous pursuit by the troops of
+the United States, and several engagements, the hostile Indians
+were reduced to subjection, and the larger part of them surrendered
+themselves as prisoners. In this connection I desire to call attention
+to the recommendation made by the Secretary of the Interior, that
+a sufficient fund be placed at the disposal of the Executive, to be
+used, with proper accountability, at discretion, in sudden emergencies
+of the Indian service.
+
+The other case of disturbance was that of a band of Northern
+Cheyennes, who suddenly left their reservation in the Indian Territory
+and marched rapidly through the States of Kansas and Nebraska in the
+direction of their old hunting grounds, committing murders and other
+crimes on their way. From documents accompanying the report of the
+Secretary of the Interior it appears that this disorderly band was as
+fully supplied with the necessaries of life as the 4,700 other Indians
+who remained quietly on the reservation, and that the disturbance
+was caused by men of a restless and mischievous disposition among the
+Indians themselves. Almost the whole of this band have surrendered to
+the military authorities; and it is a gratifying fact that when some
+of them had taken refuge in the camp of the Red Cloud Sioux, with whom
+they had been in friendly relations, the Sioux held them as prisoners
+and readily gave them up to the officers of the United States, thus
+giving new proof of the loyal spirit which, alarming rumors to the
+contrary notwithstanding, they have uniformly shown ever since the
+wishes they expressed at the council of September, 1877, had been
+complied with.
+
+Both the Secretary of the Interior and the Secretary of War unite
+in the recommendation that provision be made by Congress for the
+organization of a corps of mounted "Indian auxiliaries," to be under
+the control of the Army and to be used for the purpose of keeping the
+Indians on their reservations and preventing or repressing disturbance
+on their part. I earnestly concur in this recommendation. It is
+believed that the organization of such a body of Indian cavalry,
+receiving a moderate pay from the Government, would considerably
+weaken the restless element among the Indians by withdrawing from it
+a number of young men and giving them congenial employment under
+the Government, it being a matter of experience that Indians in our
+service almost without exception are faithful in the performance of
+the duties assigned to them. Such an organization would materially
+aid the Army in the accomplishment of a task for which its numerical
+strength is sometimes found insufficient.
+
+But while the employment of force for the prevention or repression
+of Indian troubles is of occasional necessity, and wise preparation
+should be made to that end, greater reliance must be placed on humane
+and civilizing agencies for the ultimate solution of what is called
+the Indian problem. It may be very difficult and require much
+patient effort to curb the unruly spirit of the savage Indian to the
+restraints of civilized life, but experience shows that it is not
+impossible. Many of the tribes which are now quiet and orderly and
+self-supporting were once as savage as any that at present roam
+over the plains or in the mountains of the far West, and were then
+considered inaccessible to civilizing influences. It may be impossible
+to raise them fully up to the level of the white population of the
+United States; but we should not forget that they are the aborigines
+of the country, and called the soil their own on which our people have
+grown rich, powerful, and happy. We owe it to them as a moral duty to
+help them in attaining at least that degree of civilization which they
+may be able to reach. It is not only our duty, it is also our interest
+to do so. Indians who have become agriculturists or herdsmen, and feel
+an interest in property, will thenceforth cease to be a warlike and
+disturbing element. It is also a well-authenticated fact that Indians
+are apt to be peaceable and quiet when their children are at school,
+and I am gratified to know, from the expressions of Indians themselves
+and from many concurring reports, that there is a steadily increasing
+desire, even among Indians belonging to comparatively wild tribes, to
+have their children educated. I invite attention to the reports of
+the Secretary of the Interior and the Commissioner of Indian Affairs
+touching the experiment recently inaugurated, in taking fifty Indian
+children, boys and girls, from different tribes, to the Hampton Normal
+Agricultural Institute in Virginia, where they are to receive an
+elementary English education and training in agriculture and other
+useful works, to be returned to their tribes, after the completed
+course, as interpreters, instructors, and examples. It is reported
+that the officer charged with the selection of those children might
+have had thousands of young Indians sent with him had it been possible
+to make provision for them. I agree with the Secretary of the
+Interior in saying that "the result of this interesting experiment,
+if favorable, may be destined to become an important factor in the
+advancement of civilization among the Indians."
+
+The question whether a change in the control of the Indian service
+should be made was at the last session of Congress referred to a
+committee for inquiry and report. Without desiring to anticipate
+that report, I venture to express the hope that in the decision of so
+important a question the views expressed above may not be lost sight
+of, and that the decision, whatever it may be, will arrest further
+agitation of this subject, such agitation being apt to produce
+a disturbing effect upon the service, as well as on the Indians
+themselves.
+
+In the enrollment of the bill making appropriations for sundry civil
+expenses, at the last session of Congress, that portion which provided
+for the continuation of the Hot Springs Commission was omitted. As
+the commission had completed the work of taking testimony on the many
+conflicting claims, the suspension of their labors, before determining
+the rights of claimants, threatened for a time to embarrass the
+interests, not only of the Government, but also of a large number
+of the citizens of Hot Springs, who were waiting for final action on
+their claims before beginning contemplated improvements. In order
+to prevent serious difficulties, which were apprehended, and at
+the solicitation of many leading citizens of Hot Springs and others
+interested in the welfare of the town, the Secretary of the Interior
+was authorized to request the late commissioners to take charge of
+the records of their proceedings and to perform such work as could
+properly be done by them under such circumstances to facilitate the
+future adjudication of the claims at an early day and to preserve
+the status of the claimants until their rights should be finally
+determined. The late commissioners complied with that request, and
+report that the testimony in all the cases has been written out,
+examined, briefed, and so arranged as to facilitate an early
+settlement when authorized by law. It is recommended that the
+requisite authority be given at as early a day in the session
+as possible, and that a fair compensation be allowed the late
+commissioners for the expense incurred and the labor performed
+by them since the 25th of June last.
+
+I invite the attention of Congress to the recommendations made by
+the Secretary of the Interior with regard to the preservation of the
+timber on the public lands of the United States. The protection of
+the public property is one of the first duties of the Government. The
+Department of the Interior should therefore be enabled by sufficient
+appropriations to enforce the laws in that respect. But this matter
+appears still more important as a question of public economy. The
+rapid destruction of our forests is an evil fraught with the gravest
+consequences, especially in the mountainous districts, where the rocky
+slopes, once denuded of their trees, will remain so forever. There
+the injury, once done, can not be repaired. I fully concur with
+the Secretary of the Interior in the opinion that for this reason
+legislation touching the public timber in the mountainous States and
+Territories of the West should be especially well considered, and
+that existing laws in which the destruction of the forests is not
+sufficiently guarded against should be speedily modified. A general
+law concerning this important subject appears to me to be a matter of
+urgent public necessity.
+
+From the organization of the Government the importance of encouraging
+by all possible means the increase of our agricultural productions
+has been acknowledged and urged upon the attention of Congress and the
+people as the surest and readiest means of increasing our substantial
+and enduring prosperity.
+
+The words of Washington are as applicable to-day as when, in his
+eighth annual message, he said:
+
+ It will not be doubted that, with reference either to
+ individual or national welfare, agriculture is of primary
+ importance. In proportion as nations advance in population
+ and other circumstances of maturity this truth becomes more
+ apparent, and renders the cultivation of the soil more and
+ more an object of public patronage. Institutions for promoting
+ it grow up, supported by the public purse; and to what object
+ can it be dedicated with greater propriety? Among the means
+ which have been employed to this end none have been attended
+ with greater success than the establishment of boards
+ (composed of proper characters) charged with collecting and
+ diffusing information, and enabled by premiums and small
+ pecuniary aids to encourage and assist a spirit of discovery
+ and improvement. This species of establishment contributes
+ doubly to the increase of improvement, by stimulating to
+ enterprise and experiment, and by drawing to a common center
+ the results everywhere of individual skill and observation
+ and spreading them thence over the whole nation. Experience
+ accordingly hath shewn that they are very cheap instruments of
+ immense national benefits.
+
+
+The preponderance of the agricultural over any other interest in the
+United States entitles it to all the consideration claimed for it by
+Washington. About one-half of the population of the United States is
+engaged in agriculture. The value of the agricultural products of the
+United States for the year 1878 is estimated at $3,000,000,000. The
+exports of agricultural products for the year 1877, as appears from
+the report of the Bureau of Statistics, were $524,000,000. The great
+extent of our country, with its diversity of soil and climate, enables
+us to produce within our own borders and by our own labor not only the
+necessaries, but most of the luxuries, that are consumed in civilized
+countries. Yet, notwithstanding our advantages of soil, climate, and
+intercommunication, it appears from the statistical statements in the
+report of the Commissioner of Agriculture that we import annually from
+foreign lands many millions of dollars worth of agricultural products
+which could be raised in our own country.
+
+Numerous questions arise in the practice of advanced agriculture
+which can only be answered by experiments, often costly and sometimes
+fruitless, which are beyond the means of private individuals and are
+a just and proper charge on the whole nation for the benefit of the
+nation. It is good policy, especially in times of depression
+and uncertainty in other business pursuits, with a vast area of
+uncultivated, and hence unproductive, territory, wisely opened to
+homestead settlement, to encourage by every proper and legitimate
+means the occupation and tillage of the soil. The efforts of
+the Department of Agriculture to stimulate old and introduce new
+agricultural industries, to improve the quality and increase the
+quantity of our products, to determine the value of old or establish
+the importance of new methods of culture, are worthy of your careful
+and favorable consideration, and assistance by such appropriations of
+money and enlargement of facilities as may seem to be demanded by the
+present favorable conditions for the growth and rapid development of
+this important interest.
+
+The abuse of animals in transit is widely attracting public attention.
+A national convention of societies specially interested in the subject
+has recently met at Baltimore, and the facts developed, both in regard
+to cruelties to animals and the effect of such cruelties upon the
+public health, would seem to demand the careful consideration of
+Congress and the enactment of more efficient laws for the prevention
+of these abuses.
+
+The report of the Commissioner of the Bureau of Education shows
+very gratifying progress throughout the country in all the interests
+committed to the care of this important office. The report is
+especially encouraging with respect to the extension of the advantages
+of the common-school system in sections of the country where the
+general enjoyment of the privilege of free schools is not yet
+attained.
+
+To education more than to any other agency we are to look as the
+resource for the advancement of the people in the requisite knowledge
+and appreciation of their rights and responsibilities as citizens, and
+I desire to repeat the suggestion contained in my former message in
+behalf of the enactment of appropriate measures by Congress for
+the purpose of supplementing with national aid the local systems of
+education in the several States.
+
+Adequate accommodations for the great library, which is overgrowing
+the capacity of the rooms now occupied at the Capitol, should be
+provided without further delay. This invaluable collection of books,
+manuscripts, and illustrative art has grown to such proportions, in
+connection with the copyright system of the country, as to demand the
+prompt and careful attention of Congress to save it from injury in its
+present crowded and insufficient quarters. As this library is national
+in its character, and must from the nature of the case increase even
+more rapidly in the future than in the past, it can not be doubted
+that the people will sanction any wise expenditure to preserve it and
+to enlarge its usefulness.
+
+The appeal of the Regents of the Smithsonian Institution for the means
+to organize, exhibit, and make available for the public benefit the
+articles now stored away belonging to the National Museum I heartily
+recommend to your favorable consideration.
+
+The attention of Congress is again invited to the condition of
+the river front of the city of Washington. It is a matter of vital
+importance to the health of the residents of the national capital,
+both temporary and permanent, that the lowlands in front of the city,
+now subject to tidal overflow, should be reclaimed. In their present
+condition these flats obstruct the drainage of the city and are a
+dangerous source of malarial poison. The reclamation will improve the
+navigation of the river by restricting, and consequently deepening,
+its channel, and is also of importance when considered in connection
+with the extension of the public ground and the enlargement of the
+park west and south of the Washington Monument. The report of the
+board of survey, heretofore ordered by act of Congress, on
+the improvement of the harbor of Washington and Georgetown, is
+respectfully commended to consideration.
+
+The report of the Commissioners of the District of Columbia presents
+a detailed statement of the affairs of the District.
+
+The relative expenditures by the United States and the District for
+local purposes is contrasted, showing that the expenditures by the
+people of the District greatly exceed those of the General Government.
+The exhibit is made in connection with estimates for the requisite
+repair of the defective pavements and sewers of the city, which is
+a work of immediate necessity; and in the same connection a plan is
+presented for the permanent funding of the outstanding securities of
+the District.
+
+The benevolent, reformatory, and penal institutions of the District
+are all entitled to the favorable attention of Congress. The Reform
+School needs additional buildings and teachers. Appropriations which
+will place all of these institutions in a condition to become models
+of usefulness and beneficence will be regarded by the country as
+liberality wisely bestowed.
+
+The Commissioners, with evident justice, request attention to the
+discrimination made by Congress against the District in the donation
+of land for the support of the public schools, and ask that the same
+liberality that has been shown to the inhabitants of the various
+States and Territories of the United States may be extended to the
+District of Columbia.
+
+The Commissioners also invite attention to the damage inflicted upon
+public and private interests by the present location of the depots and
+switching tracks of the several railroads entering the city, and ask
+for legislation looking to their removal. The recommendations and
+suggestions contained in the report will, I trust, receive the careful
+consideration of Congress.
+
+Sufficient time has, perhaps, not elapsed since the reorganization
+of the government of the District under the recent legislation
+of Congress for the expression of a confident opinion as to its
+successful operation, but the practical results already attained are
+so satisfactory that the friends of the new government may well
+urge upon Congress the wisdom of its continuance, without essential
+modification, until by actual experience its advantages and defects
+may be more fully ascertained.
+
+R.B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 4, 1878_.
+
+_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 Brazil, concluded and signed at Rio de Janeiro on the 24th
+day of September last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _December 4, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a convention revising certain portions of existing
+commercial treaties and further extending commercial intercourse
+between the United States and Japan, concluded and signed at
+Washington on the 25th day of July last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _December 9, 1878_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, together
+with the copies of papers[21] therein referred to, in compliance with
+the resolution of the Senate of the 27th of May last.
+
+R.B. HAYES.
+
+[Footnote 21: Correspondence relative to claims of United States
+citizens against Nicaragua.]
+
+
+
+WASHINGTON, _December 16, 1878_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+5th instant, I transmit herewith a report from the Secretary of State,
+with its accompanying papers.[22]
+
+R.B. HAYES.
+
+[Footnote 22: Correspondence relative to the expulsion from the German
+Umpire of Julius Baumer, a naturalized citizen of the United States.]
+
+
+
+EXECUTIVE MANSION, _December 17, 1878_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th instant,
+requesting the transmission to the Senate of "any information which
+may have been received by the Departments concerning postal and
+commercial intercourse between the United States and South American
+countries, together with any recommendations desirable to be submitted
+of measures to be adopted for facilitating and improving such
+intercourse," I transmit herewith reports from the Secretary of State
+and the Postmaster-General, with accompanying papers.
+
+The external commerce of the United States has for many years been
+the subject of solicitude because of the outward drain of the precious
+metals it has caused. For fully twenty years previous to 1877 the
+shipment of gold was constant and heavy--so heavy during the entire
+period of the suspension of specie payments as to preclude the hope of
+resumption safely during its continuance. In 1876, however, vigorous
+efforts were made by enterprising citizens of the country, and have
+since been continued, to extend our general commerce with foreign
+lands, especially in manufactured articles, and these efforts have
+been attended with very marked success.
+
+The importation of manufactured goods was at the same time reduced in
+an equal degree, and the result has been an extraordinary reversal
+of the conditions so long prevailing and a complete cessation of
+the outward drain of gold. The official statement of the values
+represented in foreign commerce will show the unprecedented magnitude
+to which the movement has attained, and the protection thus secured to
+the public interests at the time when commercial security has become
+indispensable.
+
+The agencies through which this change has been effected must be
+maintained and strengthened if the future is to be made secure. A
+return to excessive imports or to a material decline in export trade
+would render possible a return to the former condition of adverse
+balances, with the inevitable outward drain of gold as a necessary
+consequence. Every element of aid to the introduction of the
+products of our soil and manufactures into new markets should be made
+available. At present such is the favor in which many of the products
+of the United States are held that they obtain a remunerative
+distribution, notwithstanding positive differences of cost resulting
+from our defective shipping and the imperfection of our arrangements
+in every respect, in comparison with those of our competitors, for
+conducting trade with foreign markets.
+
+If we have equal commercial facilities, we need not fear competition
+anywhere.
+
+The laws have now directed a resumption of financial equality with
+other nations, and have ordered a return to the basis of coin values.
+It is of the greatest importance that the commercial condition now
+fortunately attained shall be made permanent, and that our rapidly
+increasing export trade shall not be allowed to suffer for want of the
+ordinary means of communication with other countries.
+
+The accompanying reports contain a valuable and instructive summary of
+information with respect to our commercial interests in South America,
+where an inviting field for the enterprise of our people is presented.
+They are transmitted with the assurance that any measures that may be
+enacted in furtherance of these important interests will meet with my
+cordial approval.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 7, 1879._
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 4th
+of December last, I transmit herewith a report from the Secretary of
+State, with its accompanying papers.[23]
+
+R.B. HAYES.
+
+[Footnote 23: Correspondence relative to commercial relations with
+Mexico.]
+
+
+
+WASHINGTON, _January 13, 1879._
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 3d of June last,
+requesting a copy of correspondence between this Government and that
+of Her Britannic Majesty in regard to inviting other maritime powers
+to accede to the three rules of neutrality laid down in Article VI
+of the treaty of May 8, 1871, I transmit herewith a report of the
+Secretary of State, together with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 20, 1879._
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 17th of June last,
+requesting the Commissioner of Agriculture to send to the Senate
+certain reports on sheep husbandry, copies of the same, with
+accompanying papers, received from the Commissioner of Agriculture for
+this purpose, are herewith transmitted.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 20, 1879._
+
+_To the House of Representatives_:
+
+In answer to resolution of the House of Representatives of the 16th
+instant, requesting the Commissioner of Agriculture to forward to the
+House any facts or statistics in his office on the subject of forestry
+not heretofore reported, copies of the same, with accompanying
+papers, received from the Commissioner for this purpose, are herewith
+transmitted.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _January 23, 1879._
+
+_To the House of Representatives_:
+
+In answer to a resolution of the 25th of May last, requesting
+information respecting the claim of Messrs. Carlos Butterfield & Co.
+against the Government of Denmark, I transmit herewith to the House
+of Representatives a report of the Secretary of State and its
+accompanying papers.
+
+R.B. HAYES.
+
+
+WASHINGTON, _January 24, 1879_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 7th
+instant, I transmit herewith a report[24] from the Secretary of State,
+with its accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 24: Relating to the claim of John C. Landreau against the
+Government of Peru.]
+
+
+
+EXECUTIVE MANSION, _January 24, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the consideration of Congress, copies of
+a report and accompanying papers received from the Secretary of the
+Interior, upon a communication addressed to the President of the
+United States in behalf of a certain claim of the Choctaw Nation
+arising under the provisions of the Choctaw and Chickasaw treaty of
+June 22, 1855.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 31, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a letter of the Secretary of the Treasury, in
+relation to the suspension of the late collector and naval officer of
+the port of New York, with accompanying documents.
+
+In addition thereto I respectfully submit the following observations:
+
+The custom-house in New York collects more than two-thirds of all the
+customs revenues of the Government. Its administration is a matter not
+of local interest merely, but is of great importance to the people
+of the whole country. For a long period of time it has been used to
+manage and control political affairs.
+
+The officers suspended by me are and for several years have been
+engaged in the active personal management of the party politics of
+the city and State of New York. The duties of the offices held by
+them have been regarded as of subordinate importance to their partisan
+work. Their offices have been conducted as part of the political
+machinery under their control. They have made the custom-house a
+center of partisan political management. The custom-house should be
+a business office. It should be conducted on business principles.
+General James, the postmaster of New York City, writing on this
+subject, says:
+
+The post-office is a business institution, and should be run as such.
+It is my deliberate judgment that I and my subordinates can do more
+for the party of our choice by giving the people of this city a
+good and efficient postal service than by controlling primaries or
+dictating nominations.
+
+The New York custom-house should be placed on the same footing
+with the New York post-office. But under the suspended officers the
+custom-house would be one of the principal political agencies in the
+State of New York. To change this, they profess to believe, would be,
+in the language of Mr. Cornell in his response, "to surrender their
+personal and political rights."
+
+Convinced that the people of New York and of the country generally
+wish the New York custom-house to be administered solely with a view
+to the public interest, it is my purpose to do all in my power
+to introduce into this great office the reforms which the country
+desires.
+
+With my information of the facts in the case, and with a deep sense
+of the responsible obligation imposed upon me by the Constitution "to
+take care that the laws be faithfully executed," I regard it as
+my plain duty to suspend the officers in question and to make the
+nominations now before the Senate, in order that this important office
+may be honestly and efficiently administered.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 6, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the information of Congress, a report from
+the Secretary of State, with the accompanying papers therein referred
+to, in relation to the proceedings of the International Monetary
+Conference held at Paris in August, 1878.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 8, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith, for the consideration of Congress, the report of
+the commission appointed under the provisions of the act approved
+May 3, 1878, entitled "An act authorizing the President of the United
+States to make certain negotiations with the Ute Indians in the
+State of Colorado," with copies of letters from the Secretary of the
+Interior and the Commissioner of Indian Affairs, and accompanying
+documents.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _February 15, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith report from the Secretary of State, and
+accompanying papers, in relation to proceedings of the International
+Prison Congress of Stockholm, held in August last.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, D.C., _February 18, 1879_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, dated the
+17th instant, in relation to the destruction of the bark _Forest
+Belle_ in Chinese waters in March last, submitted in compliance with
+the resolution of the House of Representatives of February 4, 1879.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 21, 1879_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my communication to Congress under date of the 8th
+instant, transmitting the report of the commission appointed under the
+act entitled "An act authorizing the President of the United States
+to make certain negotiations with the Ute Indians in the State of
+Colorado," I submit herewith a copy of a letter from the Secretary of
+the Interior and additional papers upon the same subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 28, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of State, with its
+accompanying papers, submitted in pursuance of a resolution of the
+Senate of the 20th instant, in relation to railroads in Mexico.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 3, 1879._
+
+_To the Senate and House of Representatives_:
+
+I have received from the United States Centennial Commission their
+final report, presenting a full exhibit of the result of the United
+States Centennial Celebration and Exhibition of 1876, as required by
+the act of June 1, 1872.
+
+In transmitting this report for the consideration of Congress, I
+express, I believe, the general judgment of the country, as well as my
+own, in assigning to this exhibition a measure of success gratifying
+to the pride and patriotism of our people and full of promise to the
+great industrial and commercial interests of the nation. The very
+ample and generous contributions which the foreign nations made to
+the splendor and usefulness of the exhibition and the cordiality with
+which their representatives took part in our national commemoration
+deserve our profound acknowledgments. At this close of the great
+services rendered by the United States Centennial Commission and the
+Centennial board of finance, it gives me great pleasure to commend
+to your attention and that of the people of the whole country the
+laborious, faithful, and prosperous performances of their duties which
+have marked the administration of their respective trusts.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGE.
+
+
+EXECUTIVE MANSION, _March 1, 1879._
+
+_To the House of Representatives_:
+
+After a very careful consideration of House bill 2423, entitled "An
+act to restrict the immigration of Chinese to the United States,"
+I herewith return it to the House of Representatives, in which it
+originated, with my objections to its passage.
+
+The bill, as it was sent to the Senate from the House of
+Representatives, was confined in its provisions to the object named
+in its title, which is that of "An act to restrict the immigration of
+Chinese to the United States." The only means adopted to secure the
+proposed object was the limitation on the number of Chinese passengers
+which might be brought to this country by any one vessel to fifteen;
+and as this number was not fixed in any proportion to the size
+or tonnage of the vessel or by any consideration of the safety or
+accommodation of these passengers, the simple purpose and effect of
+the enactment were to repress this immigration to an extent falling
+but little short of its absolute exclusion.
+
+The bill, as amended in the Senate and now presented to me, includes
+an independent and additional provision which aims at and in terms
+requires the abrogation by this Government of Articles V and VI of the
+treaty with China commonly called the Burlingame treaty, through the
+action of the Executive enjoined by this provision of the act.
+
+The Burlingame treaty, of which the ratifications were exchanged at
+Peking November 23, 1869, recites as the occasion and motive of its
+negotiation by the two Governments that "since the conclusion of the
+treaty between the United States of America and the Ta Tsing Empire
+(China) of the 18th of June, 1858, circumstances have arisen showing
+the necessity of additional articles thereto," and proceeds to
+an agreement as to said additional articles. These negotiations,
+therefore, ending by the signature of the additional articles July
+28, 1868, had for their object the completion of our treaty rights
+and obligations toward the Government of China by the incorporation
+of these new articles as thenceforth parts of the principal treaty
+to which they are made supplemental. Upon the settled rules of
+interpretation applicable to such supplemental negotiations the text
+of the principal treaty and of these "additional articles thereto"
+constitute one treaty from the conclusion of the new negotiations, in
+all parts of equal and concurrent force and obligation between the
+two Governments, and to all intents and purposes as if embraced in one
+instrument.
+
+The principal treaty, of which the ratifications were exchanged August
+16, 1859, recites that "the United States of America and the Ta Tsing
+Empire, desiring to maintain firm, lasting, and sincere friendship,
+have resolved to renew, in a manner clear and positive, by means of a
+treaty or general convention of peace, amity, and commerce, the rules
+which shall in future be mutually observed in the intercourse of their
+respective countries," and proceeds in its thirty articles to lay out
+a careful and comprehensive system for the commercial relations of our
+people with China. The main substance of all the provisions of this
+treaty is to define and secure the rights of our people in respect
+of access to, residence and protection in, and trade with China. The
+actual provisions in our favor in these respects were framed to be,
+and have been found to be, adequate and appropriate to the interests
+of our commerce, and by the concluding article we receive the
+important guaranty that--
+
+ Should at any time the Ta Tsing Empire grant to any nation, or the
+ merchants or citizens of any nation, any right, privilege, or favor,
+ connected either with navigation, commerce, political or other
+ intercourse, which is not conferred by this treaty, such right,
+ privilege, and favor shall at once freely inure to the benefit of
+ the United States, its public officers, merchants, and citizens.
+
+
+Against this body of stipulations in our favor and this permanent
+engagement of equality in respect of all future concessions to foreign
+nations the general promise of permanent peace and good offices on
+our part seems to be the only equivalent. For this the first article
+undertakes as follows:
+
+ There shall be, as there have always been, peace and friendship
+ between the United States of America and the Ta Tsing Empire, and
+ between their people respectively. They shall not insult or oppress
+ each other for any trifling cause, so as to produce an estrangement
+ between them; and if any other nation should act unjustly or
+ oppressively, the United States will exert their good offices, on
+ being informed of the case, to bring about an amicable arrangement
+ of the question, thus showing their friendly feelings.
+
+
+At the date of the negotiation of this treaty our Pacific possessions
+had attracted a considerable Chinese emigration, and the advantages
+and the inconveniences felt or feared therefrom had become more or
+less manifest; but they dictated no stipulations on the subject to be
+incorporated in the treaty. The year 1868 was marked by the striking
+event of a spontaneous embassy from the Chinese Empire, headed by
+an American citizen, Anson Burlingame, who had relinquished his
+diplomatic representation of his own country in China to assume that
+of the Chinese Empire to the United States and the European nations.
+By this time the facts of the Chinese immigration and its nature and
+influences, present and prospective, had become more noticeable and
+were more observed by the population immediately affected and by this
+Government. The principal feature of the Burlingame treaty was its
+attention to and its treatment of the Chinese immigration and the
+Chinese as forming, or as they should form, a part of our population.
+Up to this time our uncovenanted hospitality to immigration, our
+fearless liberality of citizenship, our equal and comprehensive
+justice to all inhabitants, whether they abjured their foreign
+nationality or not, our civil freedom, and our religious toleration
+had made all comers welcome, and under these protections the Chinese
+in considerable numbers had made their lodgment upon our soil.
+
+The Burlingame treaty undertakes to deal with this situation, and its
+fifth and sixth articles embrace its most important provisions in this
+regard and the main stipulations in which the Chinese Government has
+secured an obligatory protection of its subjects within our territory.
+They read as follows:
+
+ ART. V. The United States of America and the Emperor of China
+ cordially recognize the inherent and inalienable right of man to
+ change his home and allegiance, and also the mutual advantage of
+ the free migration and emigration of their citizens and subjects
+ respectively from the one country to the other for purposes of
+ curiosity, of trade, or as permanent residents. The high contracting
+ parties therefore join in reprobating any other than an entirely
+ voluntary emigration for these purposes. They consequently agree to
+ pass laws making it a penal offense for a citizen of the United States
+ or Chinese subjects to take Chinese subjects either to the United
+ States or to any other foreign country, or for a Chinese subject or
+ citizen of the United States to take citizens of the United States
+ to China or to any other foreign country, without their free and
+ voluntary consent, respectively.
+
+ ART. VI. Citizens of the United States visiting or residing in China
+ shall enjoy the same privileges, immunities, or exemptions in respect
+ to travel or residence as may there be enjoyed by the citizens or
+ subjects of the most favored nation, and, reciprocally, Chinese
+ subjects visiting or residing in the United States shall enjoy the
+ same privileges, immunities, and exemptions in respect to travel or
+ residence as may there be enjoyed by the citizens or subjects of the
+ most favored nation. But nothing herein contained shall be held to
+ confer naturalization upon citizens of the United States in China,
+ nor upon the subjects of China in the United States.
+
+
+An examination of these two articles in the light of the experience
+then influential in suggesting their "necessity" will show that the
+fifth article was framed in hostility to what seemed the principal
+mischief to be guarded against, to wit, the introduction of Chinese
+laborers by methods which should have the character of a forced and
+servile importation, and not of a voluntary emigration of freemen
+seeking our shores upon motives and in a manner consonant with the
+system of our institutions and approved by the experience of the
+nation. Unquestionably the adhesion of the Government of China to
+these liberal principles of freedom in emigration, with which we were
+so familiar and with which we were so well satisfied, was a great
+advance toward opening that Empire to our civilization and religion,
+and gave promise in the future of greater and greater practical
+results in the diffusion throughout that great population of our arts
+and industries, our manufactures, our material improvements, and the
+sentiments of government and religion which seem to us so important to
+the welfare of mankind. The first clause of this article secures this
+acceptance by China of the American doctrines of free migration to and
+fro among the peoples and races of the earth.
+
+The second clause, however, in its reprobation of "any other than an
+entirely voluntary emigration" by both the high contracting parties,
+and in the reciprocal obligations whereby we secured the solemn and
+unqualified engagement on the part of the Government of China "to pass
+laws making it a penal offense for a citizen of the United States or
+Chinese subjects to take Chinese subjects either to the United States
+or to any other foreign country without their free and voluntary
+consent," constitutes the great force and value of this article. Its
+importance both in principle and in its practical service toward our
+protection against servile importation in the guise of immigration can
+not be overestimated. It commits the Chinese Government to active and
+efficient measures to suppress this iniquitous system, where those
+measures are most necessary and can be most effectual. It gives to
+this Government the footing of a treaty right to such measures and
+the means and opportunity of insisting upon their adoption and
+of complaint and resentment at their neglect. The fifth article,
+therefore, if it fall short of what the pressure of the later
+experience of our Pacific States may urge upon the attention of this
+Government as essential to the public welfare, seems to be in the
+right direction and to contain important advantages which once
+relinquished can not be easily recovered.
+
+The second topic which interested the two Governments under the actual
+condition of things which prompted the Burlingame treaty was adequate
+protection, under the solemn and definite guaranties of a treaty,
+of the Chinese already in this country and those who should seek
+our shores. This was the object, and forms the subject of the sixth
+article, by whose reciprocal engagement the citizens and subjects of
+the two Governments, respectively, visiting or residing in the
+country of the other are secured the same privileges, immunities,
+or exemptions there enjoyed by the citizens or subjects of the most
+favored nations. The treaty of 1858, to which these articles are made
+supplemental, provides for a great amount of privilege and protection,
+both of person and property, to American citizens in China, but it is
+upon this sixth article that the main body of the treaty rights
+and securities of the Chinese already in this country depends. Its
+abrogation, were the rest of the treaty left in force, would leave
+them to such treatment as we should voluntarily accord them by our
+laws and customs. Any treaty obligation would be wanting to restrain
+our liberty of action toward them, or to measure or sustain the right
+of the Chinese Government to complaint or redress in their behalf.
+
+The lapse of ten years since the negotiation of the Burlingame treaty
+has exhibited to the notice of the Chinese Government, as well as to
+our own people, the working of this experiment of immigration in great
+numbers of Chinese laborers to this country, and their maintenance
+here of all the traits of race, religion, manners, and customs,
+habitations, mode of life, segregation here, and the keeping up of
+the ties of their original home, which stamp them as strangers and
+sojourners, and not as incorporated elements of our national life and
+growth. This experience may naturally suggest the reconsideration of
+the subject as dealt with by the Burlingame treaty, and may properly
+become the occasion of more and circumspect recognition, in renewed
+negotiations, of the difficulties surrounding this political and
+social problem. It may well be that, to the apprehension of the
+Chinese Government no less than our own, the simple provisions of the
+Burlingame treaty may need to be replaced by more careful methods,
+securing the Chinese and ourselves against a larger and more rapid
+infusion of this foreign race than our system of industry and
+society can take up and assimilate with ease and safety. This ancient
+Government, ruling a polite and sensitive people, distinguished by
+a high sense of national pride, may properly desire an adjustment of
+their relations with us which would in all things confirm and in no
+degree endanger the permanent peace and amity and the growing commerce
+and prosperity which it has been the object and the effect of our
+existing treaties to cherish and perpetuate.
+
+I regard the very grave discontents of the people of the Pacific
+States with the present working of the Chinese immigration, and their
+still graver apprehensions therefrom in the future, as deserving
+the most serious attention of the people of the whole country and a
+solicitous interest on the part of Congress and the Executive. If this
+were not my own judgment, the passage of this bill by both Houses of
+Congress would impress upon me the seriousness of the situation, when
+a majority of the representatives of the people of the whole country
+had thought fit to justify so serious a measure of relief.
+
+The authority of Congress to terminate a treaty with a foreign power
+by expressing the will of the nation no longer to adhere to it is
+as free from controversy under our Constitution as is the further
+proposition that the power of making new treaties or modifying
+existing treaties is not lodged by the Constitution in Congress, but
+in the President, by and with the advice and consent of the Senate, as
+shown by the concurrence of two-thirds of that body. A denunciation of
+a treaty by any government is confessedly justifiable only upon some
+reason both of the highest justice and of the highest necessity. The
+action of Congress in the matter of the French treaties in 1798, if
+it be regarded as an abrogation by this nation of a subsisting treaty,
+strongly illustrates the character and degree of justification which
+was then thought suitable to such a proceeding. The preamble of the
+act recites that the--
+
+ Treaties concluded between the United States and France have been
+ repeatedly violated on the part of the French Government, and the
+ just claims of the United States for reparation of the injuries
+ so committed have been refused, and their attempts to negotiate an
+ amicable adjustment of all complaints between the two nations have
+ been repelled with indignity.
+
+
+And that--
+
+ Under authority of the French Government there is yet pursued against
+ the United States a system of predatory violence, infracting the said
+ treaties and hostile to the rights of a free and independent nation.
+
+
+The enactment, as a logical consequence of these recited facts,
+declares--
+
+ That the United States are of right freed and exonerated from the
+ stipulations of the treaties and of the consular convention heretofore
+ concluded between the United States and France, and that the same
+ shall not henceforth be regarded as legally obligatory on the
+ Government or citizens of the United States.
+
+
+The history of the Government shows no other instance of an abrogation
+of a treaty by Congress.
+
+Instances have sometimes occurred where the ordinary legislation
+of Congress has, by its conflict with some treaty obligation of the
+Government toward a foreign power, taken effect as an _infraction_
+of the treaty, and been judicially declared to be operative to that
+result; but neither such legislation nor such judicial sanction of the
+same has been regarded as an _abrogation_, even for the moment, of
+the treaty. On the contrary, the treaty in such case still subsists
+between the governments, and the casual infraction is repaired by
+appropriate satisfaction in maintenance of the treaty.
+
+The bill before me does not enjoin upon the President the abrogation
+of the entire Burlingame treaty, much less of the principal treaty of
+which it is made the supplement. As the power of modifying an existing
+treaty, whether by adding or striking out provisions, is a part of
+the treaty-making power under the Constitution, its exercise is not
+competent for Congress, nor would the assent of China to this partial
+abrogation of the treaty make the action of Congress in thus procuring
+an amendment of a treaty a competent exercise of authority under the
+Constitution. The importance, however, of this special consideration
+seems superseded by the principle that a denunciation of a part of a
+treaty not made by the terms of the treaty itself separable from
+the rest is a denunciation of the whole treaty. As the other high
+contracting party has entered into no treaty obligations except such
+as include the part denounced, the denunciation by one party of the
+part necessarily liberates the other party from the whole treaty.
+
+I am convinced that, whatever urgency might in any quarter or by any
+interest be supposed to require an instant suppression of further
+immigration from China, no reasons can require the immediate
+withdrawal of our treaty protection of the Chinese already in this
+country, and no circumstances can tolerate an exposure of our citizens
+in China, merchants or missionaries, to the consequences of so sudden
+an abrogation of their treaty protection. Fortunately, however, the
+actual recession in the flow of the emigration from China to the
+Pacific Coast, shown by trustworthy statistics, relieves us from any
+apprehension that the treatment of the subject in the proper course of
+diplomatic negotiations will introduce any new features of discontent
+or disturbance among the communities directly affected. Were such
+delay fraught with more inconveniences than have ever been suggested
+by the interests most earnest in promoting this legislation, I can not
+but regard the summary disturbance of our existing treaties with
+China as greatly more inconvenient to much wider and more permanent
+interests of the country.
+
+I have no occasion to insist upon the more general considerations of
+interest and duty which sacredly guard the faith of the nation, in
+whatever form of obligation it may have been given. These sentiments
+animate the deliberations of Congress and pervade the minds of our
+whole people. Our history gives little occasion for any reproach in
+this regard; and in asking the renewed attention of Congress to this
+bill I am persuaded that their action will maintain the public duty
+and the public honor.
+
+R.B. HAYES.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the final adjournment of the Forty-fifth Congress without
+making the usual and necessary appropriations for the legislative,
+executive, and judicial expenses of the Government for the fiscal
+year ending June 30, 1880, and without making the usual and necessary
+appropriations for the support of the Army for the same fiscal year,
+presents an extraordinary occasion requiring the President to exercise
+the power vested in him by the Constitution to convene the Houses
+of Congress in anticipation of the day fixed by law for their next
+meeting:
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do, by virtue of the power to this end in me vested by the
+Constitution, convene both Houses of Congress to assemble at their
+respective chambers at 12 o'clock noon on Tuesday, the 18th day of
+March instant, then and there to consider and determine such measures
+as in their wisdom their duty and the welfare of the people may seem
+to demand.
+
+[SEAL.]
+
+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 4th day of March, A.D. 1879, and
+of the Independence of the United States of America the one hundred
+and third.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _March 19, 1879_.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+The failure of the last Congress to make the requisite appropriations
+for legislative and judicial purposes, for the expenses of the several
+Executive Departments of the Government, and for the support of
+the Army has made it necessary to call a special session of the
+Forty-sixth Congress.
+
+The estimates of the appropriations needed which were sent to Congress
+by the Secretary of the Treasury at the opening of the last session
+are renewed, and are herewith transmitted to both the Senate and the
+House of Representatives.
+
+Regretting the existence of the emergency which requires a special
+session of Congress at a time when it is the general judgment of the
+country that the public welfare will be best promoted by permanency in
+our legislation and by peace and rest, I commend these few necessary
+measures to your considerate attention.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _March 20, 1879_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 3d instant,
+calling for the reports of Gustavus Goward on the Samoan Islands,
+I transmit herewith a report from the Secretary of State, with the
+accompanying papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _April 18, 1879_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 15th instant, I
+transmit herewith a copy of the report of the commission appointed by
+the President on the 15th of March, 1872, relating to the different
+interoceanic canal surveys and the practicability of the construction
+of a ship canal across this continent.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _May 15, 1879_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 7th instant,
+requesting information in reference to an alleged occupation of a
+portion of the Indian Territory by white settlers, etc., I transmit
+herewith a copy of my proclamation dated April 26, 1879;[25] also
+copies of the correspondence and papers on file and of record in the
+Department of the Interior and the War Department touching the subject
+of the resolution.
+
+R.B. HAYES.
+
+[Footnote 25: See pp. 547-548.]
+
+
+
+EXECUTIVE MANSION, _May 26, 1879_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 14th instant,
+I transmit herewith a communication[26] from the Secretary of the
+Interior and accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 26: Relating to lands in the Indian Territory acquired by the
+treaties of 1866.]
+
+
+
+EXECUTIVE MANSION, _June 5, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith the "proceedings and report" of the board of
+officers convened by Special Orders, No. 78, Headquarters of the
+Army, Washington, April 12, 1878, in the case of Fitz John Porter. The
+report of the board was made in March last, but the official record of
+the proceedings did not reach me until the 3d instant.
+
+I have given to this report such examination as satisfies me that
+I ought to lay the proceedings and conclusions of the board before
+Congress. As I am without power, in the absence of legislation, to act
+upon the recommendations of the report further than by submitting the
+same to Congress, the proceedings and conclusions of the board are
+transmitted for the information of Congress and such action as in your
+wisdom shall seem expedient and just.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 13, 1879_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in compliance with the resolution of the House
+of Representatives of the 29th ultimo, a report of the Secretary of
+State relative to the steps taken by this Government to promote the
+establishment of an interoceanic canal across or near the Isthmus of
+Darien.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _June 23, 1879_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a report from the Secretary
+of State, in response to a resolution of that body of the 20th
+instant, calling for the proceedings and accompanying papers of
+the International Silver Conference held in Paris in 1878.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 30, 1879_.
+
+_To the Senate and House of Representatives_:
+
+The bill making provision for the payment of the fees of United States
+marshals and their general deputies, which I have this day returned
+to the House of Representatives, in which it originated, with my
+objections,[27] having upon its reconsideration by that body failed
+to become a law, I respectfully call your attention to the immediate
+necessity of making some adequate provision for the due and efficient
+execution by the marshals and deputy marshals of the United States of
+the constant and important duties enjoined upon them by the existing
+laws. All appropriations to provide for the performance of these
+indispensable duties expire to-day. Under the laws prohibiting public
+officers from involving the Government in contract liabilities beyond
+actual appropriations, it is apparent that the means at the disposal
+of the executive department for executing the laws through the
+regular ministerial officers will after to-day be left inadequate. The
+suspension of these necessary functions in the orderly administration
+of the first duties of government for the shortest period is
+inconsistent with the public interests, and at any moment may prove
+inconsistent with the public safety.
+
+It is impossible for me to look without grave concern upon a state of
+things which will leave the public service thus unprovided for and
+the public interests thus unprotected, and I earnestly urge upon your
+attention the necessity of making immediate appropriations for the
+maintenance of the service of the marshals and deputy marshals for the
+fiscal year which commences to-morrow.
+
+RUTHERFORD B. HAYES.
+
+[Footnote 27: See pp. 545-547.]
+
+
+
+WASHINGTON, _July 1, 1879_.
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 28th June, 1879,
+requesting a copy of any correspondence which may have passed between
+the Department of State and the Republic of Mexico in regard to the
+proposed Austin-Topolovampo Railroad survey across the northern States
+of that country, I transmit herewith the report of the Secretary of
+State upon the subject.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _April 29, 1879_.
+
+_To the House of Representatives_:
+
+I have maturely considered the important questions presented by the
+bill entitled "An act making appropriations for the support of
+the Army for the fiscal year ending June 30, 1880, and for other
+purposes," and I now return it to the House of Representatives, in
+which it originated, with my objections to its approval.
+
+The bill provides in the usual form for the appropriations required
+for the support of the Army during the next fiscal year. If it
+contained no other provisions, it would receive my prompt approval. It
+includes, however, further legislation, which, attached, as it is, to
+appropriations which are requisite for the efficient performance
+of some of the most necessary duties of the Government, involves
+questions of the gravest character. The sixth section of the bill is
+amendatory of the statute now in force in regard to the authority of
+persons in the civil, military, and naval service of the United States
+"at the place where any general or special election is held in any
+State." This statute was adopted February 25, 1865, after a protracted
+debate in the Senate, and almost without opposition in the House
+of Representatives, by the concurrent votes of both of the leading
+political parties of the country, and became a law by the approval of
+President Lincoln. It was reenacted in 1874 in the Revised Statutes of
+the United States, sections 2002 and 5528, which are as follows:
+
+ SEC. 2002. No military or naval officer, or other person
+ engaged in the civil, military, or naval service of the United
+ States, shall order, bring, keep, or have under his authority
+ or control any troops or armed men at the place where any
+ general or special election is held in any State, unless it be
+ necessary to repel the armed enemies of the United States or
+ to keep the peace at the polls.
+
+ SEC. 5528. Every officer of the Army or Navy, or other person
+ in the civil, military, or naval service of the United States,
+ who orders, brings, keeps, or has under his authority or
+ control any troops or armed men at any place where a general
+ or special election is held in any State, unless such force
+ be necessary to repel armed enemies of the United States or
+ to keep the peace at the polls, shall be fined not more than
+ $5,000 and surfer imprisonment at hard labor not less than
+ three months nor more than five years.
+
+
+The amendment proposed to this statute in the bill before me omits
+from both of the foregoing sections the words "or to keep the peace
+at the polls," The effect of the adoption of this amendment may be
+considered--
+
+First. Upon the right of the United States Government to use military
+force to keep the peace at the elections for Members of Congress; and
+
+Second. Upon the right of the Government, by civil authority, to
+protect these elections from violence and fraud.
+
+In addition to the sections of the statute above quoted, the following
+provisions of law relating to the use of the military power at the
+elections are now in force:
+
+ SEC. 2003. No officer of the Army or Navy of the United States
+ shall prescribe or fix, or attempt to prescribe or fix, by
+ proclamation, order, or otherwise, the qualifications of
+ voters in any State, or in any manner interfere with the
+ freedom of any election in any State, or with the exercise of
+ the free right of suffrage in any State.
+
+ SEC. 5529. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order,
+ advice, or otherwise, prevents, or attempts to prevent, any
+ qualified voter of any State from freely exercising the right
+ of suffrage at any general or special election in such State
+ shall be fined not more than $5,000 and imprisoned at hard
+ labor not more than five years.
+
+ SEC. 5530. Every officer of the Army or Navy who prescribes
+ or fixes, or attempts to prescribe or fix, whether by
+ proclamation, order, or otherwise, the qualifications of
+ voters at any election in any State shall be punished as
+ provided in the preceding section.
+
+ SEC. 5531. Every officer or other person in the military or
+ naval service who, by force, threat, intimidation, order, or
+ otherwise, compels, or attempts to compel, any officer holding
+ an election in any State to receive a vote from a person not
+ legally qualified to vote, or who imposes, or attempts to
+ impose, any regulations for conducting any general or special
+ election in a State different from those prescribed by law, or
+ who interferes in any manner with any officer of an election
+ in the discharge of his duty, shall be punished as provided in
+ section 5529.
+
+ SEC. 5532. Every person convicted of any of the offenses
+ specified in the five preceding sections shall, in addition to
+ the punishments therein severally prescribed, be disqualified
+ from holding any office of honor, profit, or trust under
+ the United States; but nothing in those sections shall be
+ construed to prevent any officer, soldier, sailor, or marine
+ from exercising the right of suffrage in any election district
+ to which he may belong, if otherwise qualified according to
+ the laws of the State in which he offers to vote.
+
+
+The foregoing enactments would seem to be sufficient to prevent
+military interference with the elections. But the last Congress, to
+remove all apprehension of such interference, added to this body of
+law section 15 of an act entitled "An act making appropriations for
+the support of the Army for the fiscal year ending June 30, 1879, and
+for other purposes," approved June 18, 1878, which is as follows:
+
+ SEC. 15. From and after the passage of this act it shall not
+ be lawful to employ any part of the Army of the United States,
+ as a _posse comitatus_ or otherwise, for the purpose of
+ executing the laws, except in such cases and under such
+ circumstances as such employment of said force may be
+ expressly authorized by the Constitution or by act of
+ Congress; and no money appropriated by this act shall be used
+ to pay any of the expenses incurred in the employment of any
+ troops in violation of this section; and any person willfully
+ violating the provisions of this section shall be deemed
+ guilty of a misdemeanor, and on conviction thereof shall be
+ punished by fine not exceeding $10,000 or imprisonment not
+ exceeding two years, or by both such fine and imprisonment.
+
+
+This act passed the Senate, after full consideration, without a single
+vote recorded against it on its final passage, and, by a majority
+of more than two-thirds, it was concurred in by the House of
+Representatives.
+
+The purpose of the section quoted was stated in the Senate by one of
+its supporters as follows:
+
+ Therefore I hope, without getting into any controversy about
+ the past, but acting wisely for the future, that we shall
+ take away the idea that the Army can be used by a general or
+ special deputy marshal, or any marshal, merely for election
+ purposes, as a posse, ordering them about the polls or
+ ordering them anywhere else, when there is an election going
+ on, to prevent disorders or to suppress disturbances that
+ should be suppressed by the peace officers of the State; or,
+ if they must bring others to their aid they should summon the
+ unorganized citizens, and not summon the officers and men of
+ the Army as _posse comitatus_ to quell disorders, and thus
+ get up a feeling which will be disastrous to peace among the
+ people of the country.
+
+
+In the House of Representatives the object of the act of 1878 was
+stated by the gentleman who had it in charge in similar terms. He
+said:
+
+ But these are all minor points and insignificant questions
+ compared with the great principle which was incorporated by
+ the House in the bill in reference to the use of the Army
+ in time of peace. The Senate had already conceded what they
+ called and what we might accept as the principle, but they
+ had stricken out the penalty, and had stricken out the word
+ "_expressly_" so that the Army might be used in all cases
+ where _implied_ authority might be inferred. The House
+ committee planted themselves firmly upon the doctrine that
+ rather than yield this fundamental principle, for which for
+ three years this House had struggled, they would allow
+ the bill to fail, notwithstanding the reforms which we had
+ secured, regarding these reforms as of but little consequence
+ alongside the great principle that the Army of the United
+ States, in time of peace, should be under the control of
+ Congress and obedient to its laws. After a long and protracted
+ negotiation, the Senate committee have conceded that principle
+ in all its length and breadth, including the penalty, which
+ the Senate had stricken out. We bring you back, therefore,
+ a report, with the alteration of a single word, which the
+ lawyers assure me is proper to be made, restoring to this bill
+ the principle for which we have contended so long, and which
+ is so vital to secure the rights and liberties of the people.
+
+ * * * * *
+
+ Thus have we this day secured to the people of this country
+ the same great protection against a standing army which cost
+ a struggle of two hundred years for the Commons of England to
+ secure for the British people.
+
+
+From this brief review of the subject it sufficiently appears that
+under existing laws there can be no military interference with the
+elections. No case of such interference has, in fact, occurred since
+the passage of the act last referred to. No soldier of the United
+States has appeared under orders at any place of election in any
+State. No complaint even of the presence of United States troops has
+been made in any quarter. It may therefore be confidently stated
+that there is no necessity for the enactment of section 6 of the bill
+before me to prevent military interference with the elections. The
+laws already in force are all that is required for that end.
+
+But that part of section 6 of this bill which is significant and
+vitally important is the clause which, if adopted, will deprive the
+civil authorities of the United States of all power to keep the peace
+at the Congressional elections. The Congressional elections in every
+district, in a very important sense, are justly a matter of political
+interest and concern throughout the whole country. Each State, every
+political party, is entitled to the share of power which is conferred
+by the legal and constitutional suffrage. It is the right of every
+citizen possessing the qualifications prescribed by law to cast one
+unintimidated ballot and to have his ballot honestly counted. So long
+as the exercise of this power and the enjoyment of this right are
+common and equal, practically as well as formally, submission to the
+results of the suffrage will be accorded loyally and cheerfully, and
+all the departments of Government will feel the true vigor of the
+popular will thus expressed.
+
+Two provisions of the Constitution authorize legislation by Congress
+for the regulation of the Congressional elections.
+
+Section 4 of Article I of the Constitution declares--
+
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+
+
+The fifteenth amendment of the Constitution is as follows:
+
+ SEC. 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.
+
+
+The Supreme Court has held that this amendment invests the citizens of
+the United States with a new constitutional right which is within
+the protecting power of Congress. That right the court declares to
+be exemption from discrimination in the exercise of the elective
+franchise on account of race, color, or previous condition of
+servitude. The power of Congress to protect this right by appropriate
+legislation is expressly affirmed by the court.
+
+National legislation to provide safeguards for free and honest
+elections is necessary, as experience has shown, not only to secure
+the right to vote to the enfranchised race at the South, but also to
+prevent fraudulent voting in the large cities of the North. Congress
+has therefore exercised the power conferred by the Constitution, and
+has enacted certain laws to prevent discriminations on account of
+race, color, or previous condition of servitude, and to punish fraud,
+violence, and intimidation at Federal elections. Attention is called
+to the following sections of the Revised Statutes of the United
+States, viz:
+
+Section 2004, which guarantees to all citizens the right to vote,
+without distinction on account of race, color, or previous condition
+of servitude.
+
+Sections 2005 and 2006, which guarantee to all citizens equal
+opportunity, without discrimination, to perform all the acts required
+by law as a prerequisite or qualification for voting.
+
+Section 2022, which authorizes the United States marshal and
+his deputies to keep the peace and preserve order at the Federal
+elections.
+
+Section 2024, which expressly authorizes the United States marshal
+and his deputies to summon a _posse comitatus_ whenever they or any of
+them are forcibly resisted in the execution of their duties under the
+law or are prevented from executing such duties by violence.
+
+Section 5522, which provides for the punishment of the crime of
+interfering with the supervisors of elections and deputy marshals in
+the discharge of their duties at the elections of Representatives in
+Congress.
+
+These are some of the laws on this subject which it is the duty of
+the executive department of the Government to enforce. The intent and
+effect of the sixth section of this bill is to prohibit all the civil
+officers of the United States, under penalty of fine and imprisonment,
+from employing any adequate civil force for this purpose at the place
+where their enforcement is most necessary, namely, at the places
+where the Congressional elections are held. Among the most valuable
+enactments to which I have referred are those which protect the
+supervisors of Federal elections in the discharge of their duties at
+the polls. If the proposed legislation should become the law, there
+will be no power vested in any officer of the Government to protect
+from violence the officers of the United States engaged in the
+discharge of their duties. Their rights and duties under the law will
+remain, but the National Government will be powerless to enforce its
+own statutes. The States may employ both military and civil power to
+keep the peace and to enforce the laws at State elections. It is
+now proposed to deny to the United States even the necessary civil
+authority to protect the national elections. No sufficient reason has
+been given for this discrimination in favor of the State and against
+the national authority. If well-founded objections exist against the
+present national election laws, all good citizens should unite in
+their amendment. The laws providing the safeguards of the elections
+should be impartial, just, and efficient. They should, if possible,
+be so nonpartisan and fair in their operation that the minority--the
+party out of power--will have no just grounds to complain. The present
+laws have in practice unquestionably conduced to the prevention of
+fraud and violence at the elections. In several of the States members
+of different political parties have applied for the safeguards which
+they furnish. It is the right and duty of the National Government to
+enact and enforce laws which will secure free and fair Congressional
+elections. The laws now in force should not be repealed except in
+connection with the enactment of measures which will better accomplish
+that important end. Believing that section 6 of the bill before me
+will weaken, if it does not altogether take away, the power of the
+National Government to protect the Federal elections by the civil
+authorities, I am forced to the conclusion that it ought not to
+receive my approval.
+
+This section is, however, not presented to me as a separate and
+independent measure, but is, as has been stated, attached to the bill
+making the usual annual appropriations for the support of the Army. It
+makes a vital change in the election laws of the country, which is in
+no way connected with the use of the Army. It prohibits, under heavy
+penalties, any person engaged in the civil service of the United
+States from having any force at the place of any election, prepared to
+preserve order, to make arrests, to keep the peace, or in any manner
+to enforce the laws. This is altogether foreign to the purpose of
+an Army appropriation bill. The practice of tacking to appropriation
+bills measures not pertinent to such bills did not prevail until more
+than forty years after the adoption of the Constitution. It has become
+a common practice. All parties when in power have adopted it. Many
+abuses and great waste of public money have in this way crept into
+appropriation bills. The public opinion of the country is against it.
+The States which have recently adopted constitutions have generally
+provided a remedy for the evil by enacting that no law shall contain
+more than one subject, which shall be plainly expressed in its
+title. The constitutions of more than half of the States contain
+substantially this provision. The public welfare will be promoted in
+many ways by a return to the early practice of the Government and to
+the true principle of legislation, which requires that every measure
+shall stand or fall according to its own merits. If it were understood
+that to attach to an appropriation bill a measure irrelevant to the
+general object of the bill would imperil and probably prevent its
+final passage and approval, a valuable reform in the parliamentary
+practice of Congress would be accomplished. The best justification
+that has been offered for attaching irrelevant riders to appropriation
+bills is that it is done for convenience sake, to facilitate the
+passage of measures which are deemed expedient by all the branches
+of Government which participate in legislation. It can not be claimed
+that there is any such reason for attaching this amendment of the
+election laws to the Army appropriation bill. The history of the
+measure contradicts this assumption. A majority of the House of
+Representatives in the last Congress was in favor of section 6 of this
+bill. It was known that a majority of the Senate was opposed to
+it, and that as a separate measure it could not be adopted. It was
+attached to the Army appropriation bill to compel the Senate to
+assent to it. It was plainly announced to the Senate that the Army
+appropriation bill would not be allowed to pass unless the proposed
+amendments of the election laws were adopted with it. The Senate
+refused to assent to the bill on account of this irrelevant section.
+Congress thereupon adjourned without passing an appropriation bill for
+the Army, and the present extra session of the Forty-sixth Congress
+became necessary to furnish the means to carry on the Government.
+
+The ground upon which the action of the House of Representatives is
+defended has been distinctly stated by many of its advocates. A week
+before the close of the last session of Congress the doctrine in
+question was stated by one of its ablest defenders as follows:
+
+ It is our duty to repeal these laws. It is not worth while
+ to attempt the repeal except upon an appropriation bill.
+ The Republican Senate would not agree to nor the Republican
+ President sign a bill for such repeal. Whatever objection to
+ legislation upon appropriation bills may be made in ordinary
+ cases does not apply where free elections and the liberty of
+ the citizens are concerned. * * * We have the power to vote
+ money; let us annex conditions to it, and insist upon the
+ redress of grievances.
+
+
+By another distinguished member of the House it was said:
+
+ The right of the Representatives of the people to withhold
+ supplies is as old as English liberty. History records
+ numerous instances where the Commons, feeling that the people
+ were oppressed by laws that the Lords would not consent
+ to repeal by the ordinary methods of legislation, obtained
+ redress at last by refusing appropriations unless accompanied
+ by relief measures.
+
+
+That a question of the gravest magnitude, and new in this country, was
+raised by this course of proceeding, was fully recognized also by its
+defenders in the Senate. It was said by a distinguished Senator:
+
+ Perhaps no greater question, in the form we are brought to
+ consider it, was ever considered by the American Congress
+ in time of peace; for it involves not merely the merits or
+ demerits of the laws which the House bill proposes to repeal,
+ but involves the rights, the privileges, the powers, the
+ duties of the two branches of Congress and of the President
+ of the United States. It is a vast question; it is a question
+ whose importance can scarcely be estimated; it is a question
+ that never yet has been brought so sharply before the American
+ Congress and the American people as it may be now. It is
+ a question which sooner or later must be decided, and the
+ decision must determine what are the powers of the House of
+ Representatives under the Constitution, and what is the duty
+ of that House in the view of the framers of that Constitution,
+ according to its letter and its spirit.
+
+ Mr. President, I should approach this question, if I were in
+ the best possible condition to speak and to argue it, with
+ very grave diffidence, and certainly with the utmost anxiety;
+ for no one can think of it as long and as carefully as I have
+ thought of it without seeing that we are at the beginning,
+ perhaps, of a struggle that may last as long in this country
+ as a similar struggle lasted in what we are accustomed to call
+ the mother land. There the struggle lasted for two centuries
+ before it was ultimately decided. It is not likely to last so
+ long here, but it may last until every man in this chamber is
+ in his grave. It is the question whether or no the House of
+ Representatives has a right to say, "We will grant supplies
+ only upon condition that grievances are redressed. We are
+ the representatives of the taxpayers of the Republic. We, the
+ House of Representatives, alone have the right to originate
+ money bills. We, the House of Representatives, have alone the
+ right to originate bills which grant the money of the people.
+ The Senate represents States; we represent the taxpayers
+ of the Republic. We, therefore, by the very terms of the
+ Constitution, are charged with the duty of originating the
+ bills which grant the money of the people. We claim the right,
+ which the House of Commons in England established after two
+ centuries of contest, to say that we will not grant the money
+ of the people unless there is a redress of grievances."
+
+
+Upon the assembling of this Congress, in pursuance of a call for
+an extra session, which was made necessary by the failure of the
+Forty-fifth Congress to make the needful appropriations for the
+support of the Government, the question was presented whether the
+attempt made in the last Congress to ingraft by construction a new
+principle upon the Constitution should be persisted in or not. This
+Congress has ample opportunity and time to pass the appropriation
+bills, and also to enact any political measures which may be
+determined upon in separate bills by the usual and orderly methods
+of proceeding. But the majority of both Houses have deemed it wise to
+adhere to the principles asserted and maintained in the last Congress
+by the majority of the House of Representatives. That principle is
+that the House of Representatives has the sole right to originate
+bills for raising revenue, and therefore has the right to withhold
+appropriations upon which the existence of the Government may depend
+unless the Senate and the President shall give their assent to any
+legislation which the House may see fit to attach to appropriation
+bills. To establish this principle is to make a radical, dangerous,
+and unconstitutional change in the character of our institutions. The
+various departments of the Government and the Army and the Navy
+are established by the Constitution or by laws passed in pursuance
+thereof. Their duties are clearly defined and their support is
+carefully provided for by law. The money required for this purpose has
+been collected from the people and is now in the Treasury, ready to
+be paid out as soon as the appropriation bills are passed. Whether
+appropriations are made or not, the collection of the taxes will go
+on. The public money will accumulate in the Treasury. It was not the
+intention of the framers of the Constitution that any single branch of
+the Government should have the power to dictate conditions upon
+which this treasure should be applied to the purpose for which it was
+collected. Any such intention, if it had been entertained, would have
+been plainly expressed in the Constitution.
+
+That a majority of the Senate now concurs in the claim of the House
+adds to the gravity of the situation, but does not alter the
+question at issue. The new doctrine, if maintained, will result in
+a consolidation of unchecked and despotic power in the House of
+Representatives. A bare majority of the House will become the
+Government. The Executive will no longer be what the framers of
+the Constitution intended--an equal and independent branch of the
+Government. It is clearly the constitutional duty of the President to
+exercise his discretion and judgment upon all bills presented to him
+without constraint or duress from any other branch of the Government.
+To say that a majority of either or both of the Houses of Congress may
+insist upon the approval of a bill under the penalty of stopping all
+of the operations of the Government for want of the necessary supplies
+is to deny to the Executive that share of the legislative power which
+is plainly conferred by the second section of the seventh article
+of the Constitution. It strikes from the Constitution the qualified
+negative of the President. It is said that this should be done
+because it is the peculiar function of the House of Representatives to
+represent the will of the people. But no single branch or department
+of the Government has exclusive authority to speak for the American
+people. The most authentic and solemn expression of their will
+is contained in the Constitution of the United States. By that
+Constitution they have ordained and established a Government whose
+powers are distributed among coordinate branches, which, as far as
+possible consistently with a harmonious cooperation, are absolutely
+independent of each other. The people of this country are unwilling to
+see the supremacy of the Constitution replaced by the omnipotence of
+any one department of the Government.
+
+The enactment of this bill into a law will establish a precedent which
+will tend to destroy the equal independence of the several branches
+of the Government. Its principle places not merely the Senate and the
+Executive, but the judiciary also, under the coercive dictation of
+the House. The House alone will be the judge of what constitutes a
+grievance, and also of the means and measure of redress. An act of
+Congress to protect elections is now the grievance complained of; but
+the House may on the same principle determine that any other act of
+Congress, a treaty made by the President with the advice and consent
+of the Senate, a nomination or appointment to office, or that a
+decision or opinion of the Supreme Court is a grievance, and that the
+measure of redress is to withhold the appropriations required for the
+support of the offending branch of the Government.
+
+Believing that this bill is a dangerous violation of the spirit and
+meaning of the Constitution, I am compelled to return it to the House
+in which it originated without my approval. The qualified negative
+with which the Constitution invests the President is a trust that
+involves a duty which he can not decline to perform. With a firm and
+conscientious purpose to do what I can to preserve unimpaired the
+constitutional powers and equal independence, not merely of the
+Executive, but of every branch of the Government, which will be
+imperiled by the adoption of the principle of this bill, I desire
+earnestly to urge upon the House of Representatives a return to the
+wise and wholesome usage of the earlier days of the Republic, which
+excluded from appropriation bills all irrelevant legislation. By
+this course you will inaugurate an important reform in the method of
+Congressional legislation; your action will be in harmony with the
+fundamental principles of the Constitution and the patriotic sentiment
+of nationality which is their firm support, and you will restore to
+the country that feeling of confidence and security and the
+repose which are so essential to the prosperity of all of our
+fellow-citizens.
+
+RUTHERFORD B. HAYES.
+
+
+
+_To the House of Representatives_:
+
+After a careful consideration of the bill entitled "An act to prohibit
+military interference at elections," I return it to the House of
+Representatives, in which it originated, with the following objections
+to its approval:
+
+In the communication sent to the House of Representatives on the 29th
+of last month, returning to the House without my approval the bill
+entitled "An act making appropriations for the support of the Army
+for the fiscal year ending June 30, 1880, and for other purposes,"
+I endeavored to show, by quotations from the statutes of the United
+States now in force and by a brief statement of facts in regard to
+recent elections in the several States, that no additional legislation
+was necessary to prevent interference with the elections by the
+military or naval forces of the United States. The fact was presented
+in that communication that at the time of the passage of the act of
+June 18, 1878, in relation to the employment of the Army as a _posse
+comitatus_ or otherwise, it was maintained by its friends that it
+would establish a vital and fundamental principle which would secure,
+to the people protection against a standing army. The fact was also
+referred to that since the passage of this act Congressional, State,
+and municipal elections have been held throughout the Union, and
+that in no instance has complaint been made of the presence of United
+States soldiers at the polls.
+
+Holding, as I do, the opinion that any military interference whatever
+at the polls is contrary to the spirit of our institutions and would
+tend to destroy the freedom of elections, and sincerely desiring to
+concur with Congress in all of its measures, it is with very great
+regret that I am forced to the conclusion that the bill before me is
+not only unnecessary to prevent such interference, but is a dangerous
+departure from long-settled and important constitutional principles.
+
+The true rule as to the employment of military force at the elections
+is not doubtful. No intimidation or coercion should be allowed to
+control or influence citizens in the exercise of their right to vote,
+whether it appears in the shape of combinations of evil-disposed
+persons, or of armed bodies of the militia of a State, or of the
+military force of the United States.
+
+The elections should be free from all forcible interference, and, as
+far as practicable, from all apprehensions of such interference.
+No soldiers, either of the Union or of the State militia, should be
+present at the polls to take the place or to perform the duties of the
+ordinary civil police force. There has been and will be no violation
+of this rule under orders from me during this Administration; but
+there should be no denial of the right of the National Government to
+employ its military force on any day and at any place in case such
+employment is necessary to enforce the Constitution and laws of the
+United States.
+
+The bill before me is as follows:
+
+ _Be it enacted, etc._, That it shall not be lawful to bring to
+ or employ at any place where a general or special election
+ is being held in a State any part of the Army or Navy of the
+ United States, unless such force be necessary to repel the
+ armed enemies of the United States or to enforce section 4,
+ Article IV, of the Constitution of the United States and
+ the laws made in pursuance thereof, on application of the
+ legislature or executive of the State where such force is to
+ be used; and so much of all laws as is inconsistent herewith
+ is hereby repealed.
+
+
+It will be observed that the bill exempts from the general prohibition
+against the employment of military force at the polls two specified
+cases. These exceptions recognize and concede the soundness of the
+principle that military force may properly and constitutionally be
+used at the place of elections when such use is necessary to enforce
+the Constitution and the laws; but the excepted cases leave the
+prohibition so extensive and far-reaching that its adoption will
+seriously impair the efficiency of the executive department of the
+Government.
+
+The first act expressly authorizing the use of military power to
+execute the laws was passed almost as early as the organization of
+the Government under the Constitution, and was approved by President
+Washington May 2, 1792. It is as follows:
+
+ SEC. 2. _And be it further enacted_, That whenever the laws
+ of the United States shall be opposed or the execution thereof
+ obstructed in any State by combinations too powerful to be
+ suppressed by the ordinary course of judicial proceedings or
+ by the powers vested in the marshals by this act, the same
+ being notified to the President of the United States by an
+ associate justice or the district judge, it shall be lawful
+ for the President of the United States to call forth the
+ militia of such State to suppress such combinations and to
+ cause the laws to be duly executed. And if the militia of a
+ State where such combination may happen shall refuse or be
+ insufficient to suppress the same, it shall be lawful for the
+ President, if the Legislature of the United States be not in
+ session, to call forth and employ such numbers of the militia
+ of any other State or States most convenient thereto as may be
+ necessary; and the use of militia so to be called forth may be
+ continued, if necessary, until the expiration of thirty days
+ after the commencement of the ensuing session.
+
+
+In 1795 this provision was substantially reenacted in a law which
+repealed the act of 1792. In 1807 the following act became the law by
+the approval of President Jefferson:
+
+ That in all cases of insurrection or obstruction to the laws,
+ either of the United States or of any individual State or
+ Territory, where it is lawful for the President of the
+ United States to call forth the militia for the purpose of
+ suppressing such insurrection or of causing the laws to be
+ duly executed, it shall be lawful for him to employ for the
+ same purposes such part of the land or naval force of the
+ United States as shall be judged necessary, having first
+ observed all the prerequisites of the law in that respect.
+
+
+By this act it will be seen that the scope of the law of 1795 was
+extended so as to authorize the National Government to use not only
+the militia, but the Army and Navy of the United States, in "causing
+the laws to be duly executed."
+
+The important provision of the acts of 1792, 1795, and 1807, modified
+in its terms from time to time to adapt it to the existing emergency,
+remained in force until, by an act approved by President Lincoln July
+29, 1861, it was reenacted substantially in the same language in which
+it is now found in the Revised Statutes, viz:
+
+ SEC. 5298. Whenever, by reason of unlawful obstructions,
+ combinations, or assemblages of persons, or rebellion against
+ the authority of the Government of the United States, it shall
+ become impracticable, in the judgment of the President, to
+ enforce by the ordinary course of judicial proceedings the
+ laws of the United States within any State or Territory, it
+ shall be lawful for the President to call forth the militia of
+ any or all the States and to employ such parts of the land and
+ naval forces of the United States as he may deem necessary
+ to enforce the faithful execution of the laws of the United
+ States or to suppress such rebellion, in whatever State
+ or Territory thereof the laws of the United States may be
+ forcibly opposed or the execution thereof forcibly obstructed.
+
+
+This ancient and fundamental law has been in force from the foundation
+of the Government. It is now proposed to abrogate it on certain days
+and at certain places. In my judgment no fact has been produced which
+tends to show that it ought to be repealed or suspended for a single
+hour at any place in any of the States or Territories of the Union.
+All the teachings of experience in the course of our history are in
+favor of sustaining its efficiency unimpaired. On every occasion when
+the supremacy of the Constitution has been resisted and the perpetuity
+of our institutions imperiled the principle of this statute, enacted
+by the fathers, has enabled the Government of the Union to maintain
+its authority and to preserve the integrity of the nation.
+
+At the most critical periods of our history my predecessors in the
+executive office have relied on this great principle. It was on this
+principle that President Washington suppressed the whisky rebellion in
+Pennsylvania in 1794.
+
+In 1806, on the same principle, President Jefferson broke up the Burr
+conspiracy by issuing "orders for the employment of such force, either
+of the regulars or of the militia, and by such proceedings of the
+civil authorities, * * * as might enable them to suppress effectually
+the further progress of the enterprise." And it was under the same
+authority that President Jackson crushed nullification in South
+Carolina and that President Lincoln issued his call for troops to save
+the Union in 1861. On numerous other occasions of less significance,
+under probably every Administration, and certainly under the present,
+this power has been usefully exerted to enforce the laws, without
+objection by any party in the country, and almost without attracting
+public attention.
+
+The great elementary constitutional principle which was the foundation
+of the original statute of 1792, and which has been its essence in
+the various forms it has assumed since its first adoption, is that the
+Government of the United States possesses under the Constitution,
+in full measure, the power of self-protection by its own agencies,
+altogether independent of State authority, and, if need be, against
+the hostility of State governments. It should remain embodied in
+our statutes unimpaired, as it has been from the very origin of the
+Government. It should be regarded as hardly less valuable or less
+sacred than a provision of the Constitution itself.
+
+There are many other important statutes containing provisions that are
+liable to be suspended or annulled at the times and places of
+holding elections if the bill before me should become a law. I do not
+undertake to furnish a list of them. Many of them--perhaps the most of
+them--have been set forth in the debates on this measure. They relate
+to extradition, to crimes against the election laws, to quarantine
+regulations, to neutrality, to Indian reservations, to the civil
+rights of citizens, and to other subjects. In regard to them all it
+may be safely said that the meaning and effect of this bill is to take
+from the General Government an important part of its power to enforce
+the laws.
+
+Another grave objection to the bill is its discrimination in favor
+of the State and against the national authority. The presence or
+employment of the Army or Navy of the United States is lawful under
+the terms of this bill at the place where an election is being held in
+a State to uphold the authority of a State government then and there
+in need of such military intervention, but unlawful to uphold the
+authority of the Government of the United States then and there in
+need of such military intervention. Under this bill the presence or
+employment of the Army or Navy of the United States would be lawful
+and might be necessary to maintain the conduct of a State election
+against the domestic violence that would overthrow it, but would be
+unlawful to maintain the conduct of a national election against the
+same local violence that would overthrow it. This discrimination has
+never been attempted in any previous legislation by Congress, and is
+no more compatible with sound principles of the Constitution or the
+necessary maxims and methods of our system of government on occasions
+of elections than at other times. In the early legislation of 1792
+and of 1795, by which the militia of the States was the only military
+power resorted to for the execution of the constitutional powers
+in support of State or national authority, both functions of the
+Government were put upon the same footing. By the act of 1807 the
+employment of the Army and Navy was authorized for the performance of
+both constitutional duties in the same terms.
+
+In all later statutes on the same subject-matter the same measure of
+authority to the Government has been accorded for the performance
+of both these duties. No precedent has been found in any previous
+legislation, and no sufficient reason has been given for the
+discrimination in favor of the State and against the national
+authority which this bill contains.
+
+Under the sweeping terms of the bill the National Government is
+effectually shut out from the exercise of the right and from the
+discharge of the imperative duty to use its whole executive power
+whenever and wherever required for the enforcement of its laws at the
+places and times when and where its elections are held. The employment
+of its organized armed forces for any such purpose would be an offense
+against the law unless called for by, and therefore upon permission
+of, the authorities of the State in which the occasion arises. What is
+this but the substitution of the discretion of the State governments
+for the discretion of the Government of the United States as to the
+performance of its own duties? In my judgment this is an abandonment
+of its obligations by the National Government--a subordination of
+national authority and an intrusion of State supervision over national
+duties which amounts, in spirit and tendency, to State supremacy.
+
+Though I believe that the existing statutes are abundantly adequate
+to completely prevent military interference with the elections in the
+sense in which the phrase is used in the title of this bill and is
+employed by the people of this country, I shall find no difficulty in
+concurring in any additional legislation limited to that object which
+does not interfere with the indispensable exercise of the powers of
+the Government under the Constitution and laws.
+
+R.B. HAYES.
+
+MAY 12, 1879.
+
+
+
+EXECUTIVE MANSION, _May 29, 1879_.
+
+_To the House of Representatives_:
+
+After mature consideration of the bill entitled "An act making
+appropriations for the legislative, executive, and judicial expenses
+of the Government for the fiscal year ending June 30, 1880, and for
+other purposes," I herewith return it to the House of Representatives,
+in which it originated, with the following objections to its approval:
+
+The main purpose of the bill is to appropriate the money required to
+support during the next fiscal year the several civil departments
+of the Government. The amount appropriated exceeds in the aggregate
+$18,000,000.
+
+This money is needed to keep in operation the essential functions of
+all the great departments of the Government--legislative, executive,
+and judicial. If the bill contained no other provisions, no objection
+to its approval would be made. It embraces, however, a number of
+clauses, relating to subjects of great general interest, which are
+wholly unconnected with the appropriations which it provides for.
+The objections to the practice of tacking general legislation to
+appropriation bills, especially when the object is to deprive a
+coordinate branch of the Government of its right to the free exercise
+of its own discretion and judgment touching such general legislation,
+were set forth in the special message in relation to House bill No. 1,
+which was returned to the House of Representatives on the 29th of last
+month. I regret that the objections which were then expressed to this
+method of legislation have not seemed to Congress of sufficient weight
+to dissuade from this renewed incorporation of general enactments in
+an appropriation bill, and that my constitutional duty in respect of
+the general legislation thus placed before me can not be
+discharged without seeming to delay, however briefly, the necessary
+appropriations by Congress for the support of the Government. Without
+repeating these objections, I respectfully refer to that message for
+a statement of my views on the principle maintained in debate by the
+advocates of this bill, viz, that "to withhold appropriations is a
+constitutional means for the redress" of what the majority of the
+House of Representatives may regard as "a grievance."
+
+The bill contains the following clauses, viz:
+
+ _And provided further_, That the following sections of the
+ Revised Statutes of the United States, namely, sections 2016,
+ 2018, and 2020, and all of the succeeding sections of said
+ statutes down to and including section 2027, and also section
+ 5522, be, and the same are hereby, repealed; * * * and that
+ all the other sections of the Revised Statutes, and all
+ laws and parts of laws authorizing the appointment of
+ chief supervisors of elections, special deputy marshals of
+ elections, or general deputy marshals having any duties to
+ perform in respect to any election, and prescribing their
+ duties and powers and allowing them compensation, be, and the
+ same are hereby, repealed.
+
+
+It also contains clauses amending sections 2017, 2019, 2028, and 2031
+of the Revised Statutes.
+
+The sections of the Revised Statutes which the bill, if approved,
+would repeal or amend are part of an act approved May 30, 1870, and
+amended February 28, 1871, entitled "An act to enforce the rights of
+citizens of the United States to vote in the several States of
+this Union, and for other purposes." All of the provisions of the
+above-named acts which it is proposed in this bill to repeal or modify
+relate to the Congressional elections. The remaining portion of the
+law, which will continue in force after the enactment of this measure,
+is that which provides for the appointment, by a judge of the circuit
+court of the United States, of two supervisors of election in each
+election district at any Congressional election, on due application
+of citizens who desire, in the language of the law, "to have such
+election _guarded_ and _scrutinized_." The duties of the supervisors
+will be to attend at the polls at all Congressional elections, and
+to remain after the polls are open until every vote cast has been
+counted; but they will "have no authority to make arrests or to
+perform other duties than to be in the immediate presence of the
+officers holding the election and to witness all their proceedings,
+including the counting of the votes and the making of a return
+thereof." The part of the election law which will be repealed by the
+approval of this bill includes those sections which give authority
+to the supervisors of elections "to personally scrutinize, count, and
+canvass each ballot," and all the sections which confer authority upon
+the United States marshals and deputy marshals in connection with the
+Congressional elections. The enactment of this bill will also repeal
+section 5522 of the criminal statutes of the United States, which was
+enacted for the protection of United States officers engaged in the
+discharge of their duties at the Congressional elections. This section
+protects supervisors and marshals in the performance of their duties
+by making the obstruction or the assaulting of these officers, or
+any interference with them, by bribery or solicitation or otherwise,
+crimes against the United States.
+
+The true meaning and effect of the proposed legislation are plain. The
+supervisors, with the authority to observe and witness the proceedings
+at the Congressional elections, will be left, but there will be no
+power to protect them, or to prevent interference with their duties,
+or to punish any violation of the law from which their powers are
+derived. If this bill is approved, only the shadow of the authority of
+the United States at the national elections will remain; the substance
+will be gone. The supervision of the elections will be reduced to a
+mere inspection, without authority on the part of the supervisors to
+do any act whatever to make the election a fair one. All that will be
+left to the supervisors is the permission to have such oversight of
+the elections as political parties are in the habit of exercising
+without any authority of law, in order to prevent their opponents from
+obtaining unfair advantages. The object of the bill is to destroy
+any control whatever by the United States over the Congressional
+elections.
+
+The passage of this bill has been urged upon the ground that the
+election of members of Congress is a matter which concerns the States
+alone; that these elections should be controlled exclusively by
+the States; that there are and can be no such elections as national
+elections, and that the existing law of the United States regulating
+the Congressional elections is without warrant in the Constitution.
+
+It is evident, however, that the framers of the Constitution regarded
+the election of members of Congress in every State and in every
+district as in a very important sense justly a matter of political
+interest and concern to the whole country. The original provision of
+the Constitution on this subject is as follows (sec. 4, Art. I):
+
+ The times, places, and manner of holding elections for
+ Senators and Representatives shall be prescribed in each State
+ by the legislature thereof; but the Congress may at any time,
+ by law, make or alter such regulations, except as to the
+ places of choosing Senators.
+
+
+A further provision has been since added, which is embraced in the
+fifteenth amendment. It is as follows:
+
+ SEC. 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.
+
+
+Under the general provision of the Constitution (sec. 4, Art. I)
+Congress in 1866 passed a comprehensive law which prescribed full and
+detailed regulations for the election of Senators by the legislatures
+of the several States. This law has been in force almost thirteen
+years. In pursuance of it all the members of the present Senate of the
+United States hold their seats. Its constitutionality is not called
+in question. It is confidently believed that no sound argument can
+be made in support of the constitutionality of national regulation of
+Senatorial elections which will not show that the elections of members
+of the House of Representatives may also be constitutionally regulated
+by the national authority.
+
+The bill before me itself recognizes the principle that the
+Congressional elections are not State elections, but national
+elections. It leaves in full force the existing statute under which
+supervisors are still to be appointed by national authority to
+"observe and witness" the Congressional elections whenever due
+application is made by citizens who desire said elections to be
+"guarded and scrutinized." If the power to supervise in any respect
+whatever the Congressional elections exists under section 4, Article
+I, of the Constitution, it is a power which, like every other power
+belonging to the Government of the United States, is paramount and
+supreme, and includes the right to employ the necessary means to carry
+it into effect.
+
+The statutes of the United States which regulate the election of
+members of the House of Representatives, an essential part of which
+it is proposed to repeal by this bill, have been in force about eight
+years. Four Congressional elections have been held under them, two of
+which were at the Presidential elections of 1872 and 1876. Numerous
+prosecutions, trials, and convictions have been had in the courts of
+the United States in all parts of the Union for violations of these
+laws. In no reported case has their constitutionality been called in
+question by any judge of the courts of the United States. The validity
+of these laws is sustained by the uniform course of judicial action
+and opinion.
+
+If it is urged that the United States election laws are not necessary,
+an ample reply is furnished by the history of their origin and of
+their results. They were especially prompted by the investigation and
+exposure of the frauds committed in the city and State of New York
+at the elections of 1868. Committees representing both of the leading
+political parties of the country have submitted reports to the House
+of Representatives on the extent of those frauds. A committee of the
+Fortieth Congress, after a full investigation, reached the conclusion
+that the number of fraudulent votes cast in the city of New York alone
+in 1868 was not less than 25,000. A committee of the Forty-fourth
+Congress in their report, submitted in 1877, adopted the opinion that
+for every 100 actual voters of the city of New York in 1868 108 votes
+were cast, when in fact the number of lawful votes cast could not
+have exceeded 88 per cent of the actual voters of the city. By this
+statement the number of fraudulent votes at that election in the city
+of New York alone was between thirty and forty thousand. These frauds
+completely reversed the result of the election in the State of New
+York, both as to the choice of governor and State officers and as to
+the choice of electors of President and Vice-President of the United
+States. They attracted the attention of the whole country. It was
+plain that if they could be continued and repeated with impunity free
+government was impossible. A distinguished Senator, in opposing the
+passage of the election laws, declared that he had "for a long time
+believed that our form of government was a comparative failure in the
+larger cities." To meet these evils and to prevent these crimes the
+United States laws regulating Congressional elections were enacted.
+
+The framers of these laws have not been disappointed in their results.
+In the large cities, under their provisions, the elections have been
+comparatively peaceable, orderly, and honest. Even the opponents of
+these laws have borne testimony to their value and efficiency and to
+the necessity for their enactment. The committee of the Forty-fourth
+Congress, composed of members a majority of whom were opposed to these
+laws, in their report on the New York election of 1876, said:
+
+ The committee would commend to other portions of the country
+ and to other cities this remarkable system, developed through
+ the agency of both local and Federal authorities acting in
+ harmony for an honest purpose. In no portion of the world and
+ in no era of time where there has been an expression of the
+ popular will through the forms of law has there been a more
+ complete and thorough illustration of republican institutions.
+ Whatever may have been the previous habit or conduct of
+ elections in those cities, or howsoever they may conduct
+ themselves in the future, this election of 1876 will stand as
+ a monument of what good faith, honest endeavor, legal forms,
+ and just authority may do for the protection of the electoral
+ franchise.
+
+
+This bill recognizes the authority and duty of the United States
+to appoint supervisors to guard and scrutinize the Congressional
+elections, but it denies to the Government of the United States all
+power to make its supervision effectual. The great body of the people
+of all parties want free and fair elections. They do not think that
+a free election means freedom from the wholesome restraints of law or
+that the place of election should be a sanctuary for lawlessness
+and crime. On the day of an election peace and good order are more
+necessary than on any other day of the year. On that day the humblest
+and feeblest citizens, the aged and the infirm, should be, and should
+have reason to feel that they are, safe in the exercise of their
+most responsible duty and their most sacred right as members of
+society--their duty and their right to vote. The constitutional
+authority to regulate the Congressional elections which belongs to the
+Government of the United States, and which it is necessary to exert
+to secure the right to vote to every citizen possessing the requisite
+qualifications, ought to be enforced by appropriate legislation.
+So far from public opinion in any part of the country favoring any
+relaxation of the authority of the Government in the protection of
+elections from violence and corruption, I believe it demands greater
+vigor both in the enactment and in the execution of the laws framed
+for that purpose. Any oppression, any partisan partiality, which
+experience may have shown in the working of existing laws may well
+engage the careful attention both of Congress and of the Executive,
+in their respective spheres of duty, for the correction of these
+mischiefs. As no Congressional elections occur until after the regular
+session of Congress will have been held, there seems to be no public
+exigency that would preclude a seasonable consideration at that
+session of any administrative details that might improve the present
+methods designed for the protection of all citizens in the complete
+and equal exercise of the right and power of the suffrage at such
+elections. But with my views, both of the constitutionality and of the
+value of the existing laws, I can not approve any measure for their
+repeal except in connection with the enactment of other legislation
+which may reasonably be expected to afford wiser and more efficient
+safeguards for free and honest Congressional elections.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 23, 1879_.
+
+_To the House of Representatives_:
+
+After careful examination of the bill entitled "An act making
+appropriations for certain judicial expenses," I return it herewith
+to the House of Representatives, in which it originated, with the
+following objections to its approval:
+
+The general purpose of the bill is to provide for certain judicial
+expenses of the Government for the fiscal year ending June 30, 1880,
+for which the sum of $2,690,000 is appropriated. These appropriations
+are required to keep in operation the general functions of the
+judicial department of the Government, and if this part of the bill
+stood alone there would be no objection to its approval. It contains,
+however, other provisions, to which I desire respectfully to ask your
+attention.
+
+At the present session of Congress a majority of both Houses, favoring
+a repeal of the Congressional election laws embraced in title 26 of
+the Revised Statutes, passed a measure for that purpose, as part of
+a bill entitled "An act making appropriations for the legislative,
+executive, and judicial expenses of the Government for the fiscal year
+ending June 30, 1880, and for other purposes." Unable to concur with
+Congress in that measure, on the 29th of May last I returned the bill
+to the House of Representatives, in which it originated, without my
+approval, for that further consideration for which the Constitution
+provides. On reconsideration the bill was approved by less than
+two-thirds of the House, and failed to become a law. The election laws
+therefore remain valid enactments, and the supreme law of the land,
+binding not only upon all private citizens, but also alike and equally
+binding upon all who are charged with the duties and responsibilities
+of the legislative, the executive, and the judicial departments of the
+Government.
+
+It is not sought by the bill before me to repeal the election laws.
+Its object is to defeat their enforcement. The last clause of the
+first section is as follows:
+
+ And no part of the money hereby appropriated is appropriated
+ to pay any salaries, compensation, fees, or expenses under
+ or in virtue of title 26 of the Revised Statutes, or of any
+ provision of said title.
+
+
+Title 26 of the Revised Statutes, referred to in the foregoing clause,
+relates to the elective franchise, and contains the laws now in force
+regulating the Congressional elections.
+
+The second section of the bill reaches much further. It is as follows:
+
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 of the Revised Statutes of the United
+ States authorizing the appointment or payment of general
+ or special deputy marshals for service in connection with
+ elections or on election day until an appropriation sufficient
+ to meet such contract or pay such liability shall have first
+ been made by law.
+
+
+This section of the bill is intended to make an extensive and
+essential change in the existing laws. The following are the
+provisions of the statutes on the same subject which are now in force:
+
+ SEC. 3679. 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.
+
+ SEC. 3732. 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.
+
+
+The object of these sections of the Revised Statutes is plain. It is,
+first, to prevent any money from being expended unless appropriations
+have been made therefor, and, second, to prevent the Government from
+being bound by any contract not previously authorized by law, except
+for certain necessary purposes in the War and Navy Departments.
+
+Under the existing laws the failure of Congress to make the
+appropriations required for the execution of the provisions of the
+election laws would not prevent their enforcement. The right and duty
+to appoint the general and special deputy marshals which they provide
+for would still remain, and the executive department of the Government
+would also be empowered to incur the requisite liability for
+their compensation. But the second section of this bill contains a
+prohibition not found in any previous legislation. Its design is to
+render the election laws inoperative and a dead letter during the
+next fiscal year. It is sought to accomplish this by omitting to
+appropriate money for their enforcement and by expressly prohibiting
+any Department or officer of the Government from incurring any
+liability under any of the provisions of title 26 of the Revised
+Statutes authorizing the appointment or payment of general or special
+deputy marshals for service on election days until an appropriation
+sufficient to pay such liability shall have first been made.
+
+The President is called upon to give his affirmative approval to
+positive enactments which in effect deprive him of the ordinary and
+necessary means of executing laws still left in the statute book
+and embraced within his constitutional duty to see that the laws are
+executed. If he approves the bill, and thus gives to such positive
+enactments the authority of law, he participates in the curtailment
+of his means of seeing that the law is faithfully executed, while
+the obligation of the law and of his constitutional duty remains
+unimpaired.
+
+The appointment of special deputy marshals is not made by the statute
+a spontaneous act of authority on the part of any executive or
+judicial officer of the Government, but is accorded as a popular right
+of the citizens to call into operation this agency for securing the
+purity and freedom of elections in any city or town having 20,000
+inhabitants or upward. Section 2021 of the Revised Statutes puts it in
+the power of any two citizens of such city or town to require of
+the marshal of the district the appointment of these special deputy
+marshals. Thereupon the duty of the marshal becomes imperative, and
+its nonperformance would expose him to judicial mandate or punishment
+or to removal from office by the President, as the circumstances of
+his conduct might require. The bill now before me neither revokes this
+popular right of the citizens, nor relieves the marshal of the duty
+imposed by law, nor the President of his duty to see that this law is
+faithfully executed.
+
+I forbear to enter again upon any general discussion of the wisdom
+and necessity of the election laws or of the dangerous and
+unconstitutional principle of this bill--that the power vested in
+Congress to originate appropriations involves the right to compel the
+Executive to approve any legislation which Congress may see fit to
+attach to such bills, under the penalty of refusing the means needed
+to carry on essential functions of the Government. My views on these
+subjects have been sufficiently presented in the special messages sent
+by me to the House of Representatives during their present session.
+What was said in those messages I regard as conclusive as to my
+duty in respect to the bill before me. The arguments urged in those
+communications against the repeal of the election laws and against
+the right of Congress to deprive the Executive of that separate and
+independent discretion and judgment which the Constitution confers and
+requires are equally cogent in opposition to this bill. This
+measure leaves the powers and duties of the supervisors of elections
+untouched. The compensation of those officers is provided for under
+permanent laws, and no liability for which an appropriation is now
+required would therefore be incurred by their appointment. But the
+power of the National Government to protect them in the discharge of
+their duty at the polls would be taken away. The States may employ
+both civil and military power at the elections, but by this bill even
+the civil authority to protect Congressional elections is denied to
+the United States. The object is to prevent any adequate control
+by the United States over the national elections by forbidding
+the payment of deputy marshals, the officers who are clothed with
+authority to enforce the election laws.
+
+The fact that these laws are deemed objectionable by a majority of
+both Houses of Congress is urged as a sufficient warrant for this
+legislation.
+
+There are two lawful ways to overturn legislative enactments. One
+is their repeal; the other is the decision of a competent tribunal
+against their validity. The effect of this bill is to deprive the
+executive department of the Government of the means to execute laws
+which are not repealed, which have not been declared invalid, and
+which it is therefore the duty of the executive and of every other
+department of Government to obey and to enforce.
+
+I have in my former message on this subject expressed a willingness
+to concur in suitable amendments for the improvement of the election
+laws; but I can not consent to their absolute and entire repeal, and I
+can not approve legislation which seeks to prevent their enforcement.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 27, 1879_.
+
+_To the Senate of the United States_:
+
+I return without approval Senate bill No. 595,[28] with the following
+objection to its becoming a law:
+
+Doubts have arisen upon consideration of the bill as to whether Major
+Collins will be required under it to refund to the United States the
+pay and allowances received by him at the time he was mustered out of
+the service. Believing that it was not the intention of Congress to
+require such repayment, the bill is returned without my signature to
+the House in which it originated.
+
+R.B. HAYES.
+
+[Footnote 28: "An act to amend 'An act for the relief of Joseph B.
+Collins, approved March 3, 1879.'"]
+
+
+
+EXECUTIVE MANSION, _June 30, 1879_.
+
+_To the House of Representatives_:
+
+I return to the House of Representatives, in which it originated,
+the bill entitled "An act making appropriations to pay fees of United
+States marshals and their general deputies," with the following
+objections to its becoming a law:
+
+The bill appropriates the sum of $600,000 for the payment during the
+fiscal year ending June 30, 1880, of United States marshals and their
+general deputies. The offices thus provided for are essential to the
+faithful execution of the laws. They were created and their powers and
+duties defined by Congress at its first session after the adoption of
+the Constitution in the judiciary act which was approved September
+24, 1789. Their general duties, as defined in the act which originally
+established them, were substantially the same as those prescribed in
+the statutes now in force.
+
+The principal provision on the subject in the Revised Statutes is as
+follows:
+
+ SEC. 787. It shall be the duty of the marshal of each district
+ to attend the district and circuit courts when sitting
+ therein, and to execute throughout the district all lawful
+ precepts directed to him and issued under the authority of
+ the United States; and he shall have power to command all
+ necessary assistance in the execution of his duty.
+
+
+The original act was amended February 28, 1795, and the amendment is
+now found in the Revised Statutes in the following form:
+
+ SEC. 788. The marshals and their deputies shall have in each
+ State the same powers in executing the laws of the United
+ States as the sheriffs and their deputies in such State may
+ have by law in executing the laws thereof.
+
+
+By subsequent statutes additional duties have been from time to time
+imposed upon the marshals and their deputies, the due and regular
+performance of which are required for the efficiency of almost every
+branch of the public service. Without these officers there would be
+no means of executing the warrants, decrees, or other process of
+the courts, and the judicial system of the country would be fatally
+defective. The criminal jurisdiction of the courts of the United
+States is very extensive. The crimes committed within the maritime
+jurisdiction of the United States are all cognizable only in the
+courts of the United States. Crimes against public justice; crimes
+against the operations of the Government, such as forging or
+counterfeiting the money or securities of the United States; crimes
+against the postal laws; offenses against the elective franchise,
+against the civil rights of citizens, against the existence of the
+Government; crimes against the internal-revenue laws, the customs
+laws, the neutrality laws; crimes against laws for the protection of
+Indians and of the public lands--all of these crimes and many others
+can be punished only under United States laws, laws which, taken
+together, constitute a body of jurisprudence which is vital to the
+welfare of the whole country, and which can be enforced only by means
+of the marshals and deputy marshals of the United States. In the
+District of Columbia all of the process of the courts is executed by
+the officers in question. In short, the execution of the criminal laws
+of the United States, the service of all civil process in cases in
+which the United States is a party, and the execution of the revenue
+laws, the neutrality laws, and many other laws of large importance
+depend on the maintenance of the marshals and their deputies. They are
+in effect the only police of the United States Government. Officers
+with corresponding powers and duties are found in every State of the
+Union and in every country which has a jurisprudence which is worthy
+of the name. To deprive the National Government of these officers
+would be as disastrous to society as to abolish the sheriffs,
+constables, and police officers in the several States. It would be a
+denial to the United States of the right to execute its laws--a
+denial of all authority which requires the use of civil force. The law
+entitles these officers to be paid. The funds needed for the purpose
+have been collected from the people and are now in the Treasury. No
+objection is, therefore, made to that part of the bill before me which
+appropriates money for the support of the marshals and deputy marshals
+of the United States.
+
+The bill contains, however, other provisions which are identical in
+tenor and effect with the second section of the bill entitled "An act
+making appropriations for certain judicial expenses," which on the 23d
+of the present month was returned to the House of Representatives
+with my objections to its approval. The provisions referred to are as
+follows:
+
+ SEC. 2. That the sums appropriated in this act for the persons
+ and public service embraced in its provisions are in full for
+ such persons and public service for the fiscal year ending
+ June 30, 1880; and no Department or officer of the Government
+ shall during said fiscal year make any contract or incur any
+ liability for the future payment of money under any of the
+ provisions of title 26 mentioned in section 1 of this act
+ until an appropriation sufficient to meet such contract or pay
+ such liability shall have first been made by law.
+
+
+Upon a reconsideration in the House of Representatives of the bill
+which contained these provisions it lacked a constitutional majority,
+and therefore failed to become a law. In order to secure its
+enactment, the same measure is again presented for my approval,
+coupled in the bill before me with appropriations for the support of
+marshals and their deputies during the next fiscal year. The object,
+manifestly, is to place before the Executive this alternative: Either
+to allow necessary functions of the public service to be crippled
+or suspended for want of the appropriations required to keep them in
+operation, or to approve legislation which in official communications
+to Congress he has declared would be a violation of his constitutional
+duty. Thus in this bill the principle is clearly embodied that by
+virtue of the provision of the Constitution which requires that
+"all bills for raising revenue shall originate in the House of
+Representatives" a bare majority of the House of Representatives has
+the right to withhold appropriations for the support of the Government
+unless the Executive consents to approve any legislation which may
+be attached to appropriation bills. I respectfully refer to the
+communications on this subject which I have sent to Congress during
+its present session for a statement of the grounds of my conclusions,
+and desire here merely to repeat that in my judgment to establish
+the principle of this bill is to make a radical, dangerous, and
+unconstitutional change in the character of our institutions.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have within the territory and jurisdiction of the United States begun
+and set on foot preparations for an organized and forcible possession
+of and settlement upon the lands of what is known as the Indian
+Territory, west of the State of Arkansas, which Territory is
+designated, recognized, and described by the treaties and laws of the
+United States and by the executive authorities as Indian country, and
+as such is only subject to occupation by Indian tribes, officers of
+the Indian Department, military posts, and such persons as may be
+privileged to reside and trade therein under the intercourse laws of
+the United States; and
+
+Whereas those laws provide for the removal of all persons residing and
+trading therein without express permission of the Indian Department
+and agents, and also of all persons whom such agents may deem to be
+improper persons to reside in the Indian country:
+
+Now, therefore, for the purpose of properly protecting the interests
+of the Indian nations and tribes, as well as of the United States, in
+said Indian Territory, and of duly enforcing the laws governing the
+same, I, Rutherford B. Hayes, President of the United States, do
+admonish and warn all such persons so intending or preparing to remove
+upon said lands or into said Territory without permission of the
+proper agent of the Indian Department against any attempt to so remove
+or settle upon any of the lands of said Territory; and I do further
+warn and notify any and all such persons who may so offend that they
+will be speedily and immediately removed therefrom by the agent,
+according to the laws made and provided; and if necessary the aid and
+assistance of the military forces of the United States will be invoked
+to carry into proper execution the laws of the United States herein
+referred to.
+
+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 26th day of April, A.D. 1879, and
+of the Independence of the United States the one hundred and third.
+
+RUTHERFORD B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+At no recurrence of the season which the devout habit of a religious
+people has made the occasion for giving thanks to Almighty God and
+humbly invoking His continued favor has the material prosperity
+enjoyed by our whole country been more conspicuous, more manifold, or
+more universal.
+
+During the past year, also, unbroken peace with all foreign nations,
+the general prevalence of domestic tranquillity, the supremacy and
+security of the great institutions of civil and religious freedom,
+have gladdened the hearts of our people and confirmed their attachment
+to their Government, which the wisdom and courage of our ancestors so
+fitly framed and the wisdom and courage of their descendants have
+so firmly maintained to be the habitation of liberty and justice to
+successive generations.
+
+Now, therefore, I, Rutherford B. Hayes, President of the United
+States, do appoint Thursday, the 27th day of November instant, as a
+day of national thanksgiving and prayer; and I earnestly recommend
+that, withdrawing themselves from secular cares and labors, the people
+of the United States do meet together on that day in their respective
+places of worship, there to give thanks and praise to Almighty God for
+His mercies and to devoutly beseech 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 3d day of November, A.D. 1879,
+and of the Independence of the United States the one hundred and
+fourth.
+
+RUTHERFORD B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+[From the New-York Tribune, February 14, 1879.]
+
+EXECUTIVE MANSION, _Washington, February 4, 1879._
+
+General E.A. MERRITT.
+
+MY DEAR GENERAL: I congratulate you on your confirmation. It is a
+great gratification to me, very honorable to you, and will prove,
+I believe, of signal service to the country. My desire is that the
+office be conducted on strictly business principles, and according to
+the rules for the civil service which were recommended by the Civil
+Service Commission in the Administration of General Grant. I want
+you to be perfectly independent of mere influence from any quarter.
+Neither my recommendation, nor that of Secretary Sherman, nor of
+any member of Congress or other influential person must be specially
+regarded. Let appointments and removals be made on business principles
+and according to rules. There must be, I assume, a few places filled
+by those you personally know to be trustworthy, but restrict the area
+of patronage to the narrowest limits. Let no man be put out merely
+because he is a friend to Mr. Arthur, and no man put in merely because
+he is our friend. The good of the service should be the sole end in
+view. The best means yet presented, it seems to me, are the rules
+recommended by the Civil Service Commission. I shall issue no new
+order on the subject at present. I am glad you approve of the message,
+and I wish you to see that all that is expressed or implied in it is
+faithfully carried out.
+
+Again congratulating you, and assuring you of my entire confidence,
+I remain, sincerely,
+
+R.B. HAYES.
+
+
+Regulations to Prevent the Introduction of the "Plague" into the
+United States.
+
+TREASURY DEPARTMENT,
+ OFFICE OF THE SURGEON-GENERAL,
+ UNITED STATES MARINE HOSPITAL SERVICE,
+
+_Washington, D.C., March 3, 1879._
+
+_To Officers of the Customs Revenue, Medical Officers of the
+ Marine-Hospital Service, and others whom it may concern_:
+
+The act approved April 29, 1878, entitled "An act to prevent the
+introduction of contagious or infectious diseases into the United
+States," provides that no vessel coming from any foreign port or
+country where any contagious or infectious disease exists, nor any
+vessel conveying infected merchandise, shall enter any port of the
+United States or pass the boundary line between the United States and
+any foreign country except in such manner as may be prescribed under
+said act.
+
+Attention has been called to the prevalence of a dangerous epidemic
+disease in southern Russia known as the "plague," and its extremely
+virulent and contagious character, as manifested in the late outbreak,
+leaves no doubt that it is similar to, if not identical with, the
+"plague" which devastated the Old World in past centuries. Because,
+therefore, of the danger which attaches to rags, furs, etc., as
+carriers of infection, the following regulations are framed, under
+the direction of the Secretary of the Treasury, and subject to the
+approval of the President, for the protection of the health of the
+people of the United States against the danger referred to:
+
+Until further orders no vessel from any port of the Black Sea or the
+Sea of Azof, conveying any rags, furs, skins, hair, feathers, boxed
+or baled clothing or bedding, or any similar articles liable to convey
+infection, nor any vessel from any port of the Mediterranean or Red
+seas having on board such articles coming from southern Russia, shall
+enter any port of the United States until such articles shall have
+been removed from the vessel to open lighters or to some isolated
+locality and the vessel disinfected and thoroughly ventilated; and the
+suspected articles shall be disinfected, either by chemical agents and
+exposure to free currents of air or by burning, as shall be determined
+in each case by the Surgeon-General of the Marine-Hospital Service.
+
+The certificate of the State or municipal quarantine officer of health
+may be accepted as satisfactory evidence of compliance with these
+regulations on the part of the vessel.
+
+JNO. M. WOODWORTH,
+ _Surgeon-General United States Marine-Hospital Service._
+
+Approved:
+
+R.B. HAYES.
+
+
+
+CUSTOM-HOUSE, NEW YORK CITY,
+ _Collector's Office, February 26, 1879._
+
+Hon. JOHN SHERMAN,
+ _Secretary of the Treasury._
+
+SIR: The President, by letter of 4th instant, having requested
+that appointments and promotions in this office should be made in
+accordance with the civil-service rules of 1872, and having also made
+a similar request of the naval officer, it has been deemed best to
+make, if practicable, the same rules applicable to all the offices
+in this city included in the order of the Treasury Department dated
+August 7, 1872.
+
+With that view, and after several conferences, it has been agreed
+by the assistant treasurer, naval officer, appraiser, surveyor, and
+myself to submit the inclosed modifications of the rules of 1872, and
+should they meet approval to put in operation forthwith the rules so
+modified.
+
+I am, very respectfully,
+
+E.A. MERRITT, _Collector._
+
+
+
+[The modifications submitted with the above letter are omitted,
+and instead are inserted the following regulations, based upon said
+modifications, approved by the President March 6, 1879, and amended
+with his approval in January, 1880.]
+
+
+
+Regulations Governing Appointments and Promotions in the Customs
+Service and Subtreasury in the City of New York.
+
+I. Every application for appointment to a vacancy in the lowest grade
+of any group in the offices of the collector and the surveyor of
+customs, the naval officer, the appraiser, and the assistant treasurer
+of the United States in the city of New York must be made in the
+handwriting of the applicant to the head of the office in which
+employment is desired. It must state: (1) The position to which the
+applicant desires to be appointed;[29] (2) place and date of birth;
+(3) legal residence, and how long it has been such; (4) education; (5)
+occupation, past and present; (6) whether ever employed in the civil
+service, and, if so, when, how long, in what branch and capacity, and
+reasons for leaving the service; (7) whether ever in the Regular or
+Volunteer Army or Navy, and, if so, when and in what organization and
+capacity; (8) applicant's name in full.
+
+II. The applicant must certify to having composed and written the
+application without assistance; to the truth of the statements which
+it contains; to being a citizen of the United States, and faithful
+to the Union and the Constitution; and, if ever in the Regular or
+Volunteer Army or Navy, to having been honorably discharged.
+
+III. Every application must be accompanied by a certificate, signed by
+two trustworthy and responsible persons, well known in the community
+in which they reside, that the applicant is personally well known to
+them to be of good moral character and of temperate and industrious
+habits, and to be faithful to the Union and the Constitution of the
+United States.
+
+IV. Every application must also be accompanied by the certificate of a
+practicing physician as to the applicant's general health and physical
+capacity to perform the duties of the position to which he desires to
+be appointed: _Provided, however_, That no appointment will be made to
+any position in active outdoor service unless a surgeon of the United
+States Marine-Hospital Service shall certify that he has made a
+physical examination of the applicant and found him fit for such
+position. Such surgeon's examination may be postponed until required
+by the nominating officer.
+
+V. Applications filed previously to the adoption of these regulations
+must be renewed or perfected in accordance therewith to entitle them
+to consideration. No applications for appointment as day or night
+inspectors in the custom-house from persons under 21 years of age,
+or for other positions under these regulations from persons under 18
+years of age, will be considered. In compliance with section 1031 of
+the Treasury Regulations now in force, persons over 45 years of age
+are not eligible to any group the lowest grade of which is confined
+to persons receiving an annual salary of less than $1,800. This
+prohibition, however, shall not be applied to those who have been
+honorably discharged from the service and are otherwise qualified.
+
+VI. All applications upon their receipt will be carefully examined
+by the board of examiners, and those which do not conform in every
+particular to the foregoing requirements, and such as show that the
+applicants are manifestly not qualified for the duties of the position
+desired, will be rejected and the applicants so notified. All other
+applicants will be designated as eligible for examination, and will
+be so notified. Inasmuch as applications are to be made in writing and
+each case is to be decided upon its merits, personal importunity will
+have no weight.
+
+VII. Not less than five days prior to each examination a notification
+to appear at a time and place to be stated will be mailed to the
+eligible candidates, unless it shall be found impracticable to examine
+all of them, in which case a practicable number will be selected under
+the second regulation[30] for the civil service promulgated April 16,
+1872, and notified to appear for examination. Those not selected for
+examination will remain on the eligible list. If any person notified
+to appear shall be unable to do so on account of sickness or other
+causes, he must promptly advise the board of examiners, in person or
+by mail, of his inability to attend, and his name will remain upon
+the eligible list; but any person attending an examination will not be
+allowed to subsequently plead sickness or other disabling causes as an
+excuse for defects in examination.
+
+VIII. All candidates for appointment to positions the annual salary
+of which is $1,200 or more, who shall appear in accordance with such
+notification, will be subjected to a competitive written examination
+upon the following subjects:
+
+(1) Copying from dictation; (2) arithmetic--fundamental rules,
+fractions, proportion, percentage and interest, reduction; (3)
+elements of accounts and bookkeeping; (4) geography, history, and
+government--general questions, principally such as relate to the
+United States; (5) elements of English grammar, chiefly orthography
+and syntax; (6) writing and briefing letters; and (7) penmanship.
+
+Candidates for appointment to positions the salary of which is
+less than $1,200 will be examined in like manner upon the following
+subjects: (1) Penmanship, (2) copying; (3) elements of English
+grammar, chiefly orthography and syntax; and (4) fundamental rules of
+arithmetic.
+
+Proficiency in penmanship, orthography, and punctuation will be
+determined principally by a review of the examination papers, and as
+far as possible the examination in all the branches will be confined
+to practical exercises.
+
+In examinations for appointments to positions requiring special
+or technical knowledge such additions may be made by the board of
+examiners to the list of subjects as the nature of the case may
+require.
+
+For temporary employment to meet casual exigencies in the public
+business, or for special services as experts, appointments may be made
+without examination; but no such appointment shall be made for a term
+exceeding three months, which may be specially extended for a similar
+term only; and no such appointment shall be made to any regular or
+permanent position.
+
+IX. The various subjects of the examination may be subdivided, if
+thought desirable, into classes, and to each subject or class a
+relative weight, according to its importance in the examination, will
+be assigned by each board of examiners. The mode of ascertaining the
+result of the examination will be as follows: The degree of accuracy
+with which each question shall be answered will first be marked by the
+board on a scale of 100. The average of the marks given to the answers
+to the questions in each subject or class will next be ascertained.
+Each average will then be multiplied by the number indicating the
+relative weight of the subject or class, and the sum of the products
+will be divided by the sum of the relative weights. The quotient will
+determine the candidate's standing in the examination. Relative weight
+will be assigned not merely to the special qualifications of the
+candidates, but to their general aptitude, as shown in the course of
+examination. Candidates will be examined during office hours, and in
+no case will their examination be continued more than one day.
+
+X. The board of examiners will prepare a list of the persons examined
+in the order of their excellence, as proved by such examination,
+beginning with the highest, and will then certify to the head of the
+office the names standing at the head of such list, not exceeding
+three. When more than one appointment is to be made, the vacancies
+will be numbered, and the first three names will be certified for
+the first vacancy, the remaining two and the fourth for the second
+vacancy, the remaining two and the fifth for the third vacancy, and so
+on for the whole number of vacancies; but if, after selecting one
+of any three certified for appointment, the head of the office shall
+object to another presentation of either of the remaining names, it
+shall not be again certified.
+
+XI. The examination papers of any candidate who shall have passed a
+minimum standard of 75 per cent, but who shall fail to be appointed,
+will, if requested by the candidate, be brought into competition with
+those candidates who shall compete for vacancies of the same class
+and nature occurring within one year: _Provided, however_, That the
+candidate shall not have been specially objected to by the head of
+the office under the last preceding regulation. No candidate who upon
+examination has been marked below the minimum will be allowed to again
+compete within one year from the date of such examination, unless for
+admission to a lower group.
+
+XII. All examination papers will be filed, and will at all times be
+open to the inspection of those interested, under such restrictions as
+may be imposed by the head of the office.
+
+XIII. There shall be one examining board for all appointments
+and promotions under these rules in the offices of the collector,
+surveyor, and naval officer, which shall consist of the surveyor and
+one representative to be nominated each by the collector and the
+naval officer, and three alternates, to be nominated one each by the
+collector, the naval officer, and the surveyor: _Provided, however_,
+That in examinations for positions in the surveyor's office the
+surveyor's alternate shall act on such board. The examining boards in
+the offices of the assistant treasurer and the appraiser shall consist
+of three persons, with three alternates, to be nominated by the
+assistant treasurer and the appraiser, respectively. All nominations
+as members and alternates on the examining boards shall be submitted
+to the Secretary of the Treasury for his approval. The heads of the
+several offices shall constitute a board of revision and appeal,
+which, upon appeal from any person examined or from any member of an
+examining board, shall revise the decision of said board.
+
+XIV. Whenever the head of an office shall notify the board of
+examiners for such office that a vacancy which he desires to fill
+exists in any grade above the lowest not excepted from the rules
+and regulations for the civil service, the board will fix a time for
+holding an examination for the purpose, and at least five days before
+the same is to take place will cause a notice to be posted in a
+conspicuous place in the office, stating the grade and group of the
+vacancy, the date of the examination, and that the vacancy is to be
+filled by a competitive examination of applicants from the next lower
+grade, unless none in such lower grade be found qualified, when those
+in the next lower grade may compete, or, if there be none in any of
+the lower grades qualified, competition will be open to applicants. In
+any examination for promotion, if the competitors from the next
+lower grade shall not exceed three in number, the board may, at its
+discretion, open the competition to the next lower grade or below, as
+they may deem best; and furthermore, if such promotion would probably
+occasion vacancies requiring other promotions, the board may combine
+in one the necessary examinations for such promotions. No person who
+has been examined in any grade for promotion and failed to receive
+such promotion shall again be admitted to examination within six
+months, but in the meantime his general average, as ascertained by
+such examination, may be brought into competition, as provided in
+Regulation XI.
+
+XV. The examination will be held upon the general subjects fixed for
+examinations for admission to the lowest grade of the group and upon
+such other subjects as the general nature of the business of the
+office and the special nature of the position to be filled may seem
+to the board of examiners to require. Due weight will be given to the
+efficiency with which the several candidates shall have previously
+performed their duties in the office; but no one who shall fail to
+pass a minimum standard of 75 per cent in the written examination will
+be certified for appointment.
+
+XVI. If no applicants from within the group shall be found competent,
+an examination will be held of all who shall make application in
+accordance with the regulations governing applications for admission
+to the office, after due public notice by the head of the office. The
+examination will be conducted in accordance with the provisions for
+admission to the office, as required by the fourth rule[31] for the
+civil service promulgated December 19, 1871, but the nature of the
+examination will be the same as in any previous examination for the
+same vacancy.
+
+XVII. The list of names from which the appointment is to be made will
+be prepared and certified in the manner provided for admission to the
+lowest grade.
+
+XVIII. Persons employed in any of the offices to which these rules are
+applicable may be transferred without examination from one office to
+a grade no higher in another office, with, the consent of the heads
+of the respective offices and the approval of the Secretary of the
+Treasury.
+
+XIX. Under the provisions of rule 2[32] of August 5, 1873, and the
+operation of these regulations, the power of suspension and of
+recommendation for discharge from the service shall remain with the
+nominating officer unrestricted. If, however, in his judgment it be
+deemed advisable, he may direct any person in his department to be
+cited before the regular examining board, and such board shall examine
+into and report upon the qualifications, efficiency, and general
+fitness for the position held, or for any position in the same or a
+lower grade, of the person so cited to appear; and furthermore, any
+person in the service engaged in active outdoor duties may be cited to
+appear before a surgeon of the United States Marine-Hospital Service
+and be examined by such surgeon as to the physical abilities of such
+person to perform the duties of the position occupied or of a position
+of less exposure, if otherwise qualified.
+
+XX. The sessions of the examining boards shall not be open to the
+public, but the board of revision and appeal may select such number
+of prominent citizens as may be deemed advisable, who shall have
+free access to the examining rooms, and who shall take no part in the
+conduct of the examination, but may, by inspection and inquiry,
+assure themselves regarding its thoroughness and impartiality, and may
+publicly certify the results of their inspection.
+
+ [Seventh rule for the civil service under the Executive order
+ of April 16, 1872.[33]]
+
+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.
+
+ [Fourth regulation for the civil service under the Executive
+ order of April 16, 1872[34]]
+
+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, * * * may be
+excepted from the operation of the rules.
+
+ [Ninth rule for the civil service under the Executive order of
+ April 16, 1872. [35]]
+
+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.
+
+ [Seventh rule for the civil service under the Executive order
+ of August 5, 1873.[36]]
+
+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 maybe appointed at discretion; but
+this rule shall not apply to any appointment to a position grouped
+below the grade of assistant teller.
+
+The amendments of the New York custom-house rules seem proper.
+
+
+R.B.H.
+
+[Footnote 29: The positions for which applications may be made in the
+several offices are: Collector's and surveyor's office: (1) Inspector,
+at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3)
+weigher's clerk, at annual salary of $1,200; (4) ganger's clerk, at
+annual salary of $1,200; (5) night inspector, at a salary of $2.50 per
+day, and clerk, at an annual salary of less than $1,200.
+
+Naval office: (1) Clerk, at an annual salary of $1,200; (2) clerk, at
+an annual salary of less than $1,200.
+
+Assistant treasurer's office: (1) Clerk, at an annual salary of
+$2,000; (2) clerk, at an annual salary of $1,200; (3) clerk, at an
+annual salary of less than $1,200.
+
+Appraiser's office: (1) Examiner, at an annual salary of $1,800; (2)
+clerk, verifier, or sampler, at an annual salary of $1,200; (3) clerk,
+verifier, or sampler, at an annual salary of less than $1,200; (4)
+openers and packers, at a salary of $3 per day.]
+
+[Footnote 30: See p. 181.]
+
+[Footnote 31: See p. 158.]
+
+[Footnote 32: See p. 231.]
+
+[Footnote 33: See rule 7, promulgated December 19, 1871, p.158.]
+
+[Footnote 34: See p. 181.]
+
+[Footnote 35: See rule 9, promulgated December 19, 1871, p. 158.]
+
+[Footnote 36: See p. 232.]
+
+
+
+MARCH 6, 1879.
+
+General E.A. MERRITT,
+ _Collector of Customs, New York_
+
+SIR: Your letter of the 26th ultimo, inclosing a draft of modification
+of the civil-service rules, was duly received, and the rules have been
+considered and approved by the President. You may therefore act upon
+them.
+
+Very respectfully,
+
+JOHN SHERMAN,
+ _Secretary_.
+
+
+RULES GOVERNING APPOINTMENT AND PROMOTION IN THE NEW YORK POST-OFFICE.
+
+For the purpose of making it more certain that only persons of
+good character and adequate capacity shall be selected from among
+applicants too numerous for the postmaster to become informed of their
+individual merits by personal investigation, the following rules are
+established:
+
+1. Hereafter all applications for clerical appointment at this
+post-office must be made in accordance with a prescribed form, a copy
+of which will be furnished to each applicant.
+
+2. All appointments to clerical positions will be made to the lowest
+grade, and no applications from persons under 16 or over 25 years of
+age will be entertained.
+
+3. On receipt of an application for appointment, and before further
+action is taken in regard to it, the applicant will be referred to the
+medical officer for examination as to his physical condition, as
+being adequate for the service; and if the report is unfavorable the
+application will be rejected. Should the report be favorable, the
+application will be filed and registered in its regular order.
+
+4. Every application must be accompanied by a certificate, signed by
+not less than three nor more than five reputable citizens, stating
+the time for which each has been acquainted with the applicant,
+and testifying to his good character and reputation for integrity,
+sobriety, and industry, and to the willingness of the signers to
+furnish personally any further information they may possess concerning
+the applicant, if so requested by the postmaster or the board of
+examiners.
+
+5. Applications not properly filled out as herein required, or which
+are found to contain false statements, or which in any other manner
+show the unfitness of the applicant for employment in the post-office,
+will be rejected and the applicant notified of such rejection.
+
+6. All examination papers, with the markings showing the relative
+proficiency of the candidates, will be carefully preserved and filed.
+
+7. The names of candidates which have been on the register for
+one year without being reached for examination will be regarded as
+removed, and will not be selected for examination unless again
+placed on the register by a new application, after which they will be
+selected when reached in order.
+
+8. All applications duly received and filed shall, when reached in
+order, be referred to a board of examiners, which is hereby appointed,
+and which shall consist of the assistant postmaster, auditor, the
+general superintendents of the fourth, fifth, and sixth divisions,
+and the assistant general superintendent of the third division. The
+postmaster's private secretary shall also act as secretary of said
+board.
+
+9. When vacancies occur in the lowest grade, the board of examiners
+shall notify such number of applicants, not less than twenty, of
+those first on the register of applicants to appear for a competitive
+examination.
+
+10. The questions to be asked and answered at such examinations shall
+be such as will show the relative proficiency of the candidates,
+first, in penmanship; second, in arithmetic; third, in geography;
+fourth, in English grammar; fifth, in the history of the United States
+and in matters of a public nature, to the extent that may be required
+adequately to test general capacity or special fitness for the postal
+service.
+
+11. The board shall present to the postmaster a list of the names of
+the successful candidates in the order of their excellence, as shown
+by the examination, beginning with the highest; and the appointments
+will be made from the three highest names on the list.
+
+12. All further details in methods of examination will be left to
+the discretion of the board, but subject to the instructions of the
+postmaster, in conformity herewith.
+
+13. All vacancies that may occur in the higher grades of any
+department shall be filled by promotion from the lower grades by means
+of competitive examinations, to which shall be admitted as competitors
+such persons only as are already employed in the division in which the
+vacancy exists or in divisions having analogous duties. The questions
+in these examinations shall be restricted mainly to matters pertaining
+to the ordinary business of that department. The examinations shall be
+conducted by the general superintendent of the division to which the
+department is attached, assisted by such one or more other officers
+of the same as the postmaster may select; and they shall report the
+result to the postmaster in the manner provided in rule 11, and the
+vacancy will be filled by the promotion of some one of the three
+standing highest in the competition. But whenever the vacancy to be
+filled by promotion is that of a position requiring the exercise of
+administrative authority the board may add such questions as will test
+the degree to which the candidates possess special qualifications for
+such position.
+
+14. For positions as porters the examination will be confined to
+questions intended to test the physical ability of the candidates and
+their proficiency in reading, penmanship, and elementary arithmetic
+only.
+
+15. The postmaster reserves from the operation of the above rules for
+original Appointment and promotion positions of especial pecuniary
+trust, as well as those involving confidential relations, as private
+secretary, etc.
+
+THOMAS L. JAMES, _Postmaster_.
+
+Approved. Let these rules go into effect May 1, 1879.
+
+D.M. KEY, _Postmaster-General._
+
+
+APRIL 3, 1879.
+
+The foregoing rules are approved.
+
+R.B. HAYES.
+
+
+
+[From the Evening Star, Washington, D.C., May 28, 1879.]
+
+EXECUTIVE MANSION, _Washington, May 28, 1879_.
+
+SIR:[37] I am directed by the President to say that the several
+Departments of the Government will be closed on Friday, the 30th
+instant, in remembrance of those who fell in defense of the nation,
+and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 37: Addressed to the heads of the Executive Departments,
+etc.]
+
+
+
+TREASURY DEPARTMENT,
+ OFFICE OF THE SURGEON GENERAL,
+ UNITED STATES MARINE-HOSPITAL SERVICE,
+
+_Washington, D.C., May 31, 1879_.
+
+_To Medical Officers of the Marine-Hospital Service and others whom it
+may concern:_
+
+Official information having been received to the effect that the
+"plague" which existed in southern Russia is now almost extinct, the
+regulations issued March 3, 1879,[38] imposing certain restrictions
+upon the importation of rags, etc., into the United States, are hereby
+revoked.
+
+By order of the Secretary of the Treasury:
+
+J.B. HAMILTON,
+ _Surgeon-General United States Marine-Hospital Service_.
+
+Approved: R.B. HAYES.
+
+[Footnote 38: See pp. 549-550.]
+
+
+
+EXECUTIVE MANSION, _Washington, November 1, 1879_.
+
+The sad intelligence of the death of Zachariah Chandler, late
+Secretary of the Interior, and during so many years a Senator from the
+State of Michigan, has been communicated to the Government and to the
+country, and in proper respect to his memory I hereby order that the
+several Executive Departments be closed to public business and their
+flags and those of their dependencies throughout the country be
+displayed at half-mast on the day of his funeral.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, November 17, 1879_.
+
+DEAR SIR:[39] I am directed by the President to say that the several
+Departments of the Government will be closed on Wednesday, the 19th
+instant, to enable the employees to participate in the ceremonies
+attending the unveiling of the statue of the late General George H.
+Thomas.
+
+Very truly, yours,
+
+W.K. ROGERS, _Private Secretary_.
+
+[Footnote 39: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 1, 1879_.
+
+_Fellow-Citizens of the Senate and House of Representatives:_
+
+The members of the Forty-sixth Congress have assembled in their first
+regular session under circumstances calling for mutual congratulation
+and grateful acknowledgment to the Giver of All Good for the large and
+unusual measure of national prosperity which we now enjoy.
+
+The most interesting events which have occurred in our public affairs
+since my last annual message to Congress are connected with the
+financial operations of the Government, directly affecting the
+business interests of the country. I congratulate Congress on the
+successful execution of the resumption act. At the time fixed, and
+in the manner contemplated by law, United States notes began to
+be redeemed in coin. Since the 1st of January last they have been
+promptly redeemed on presentation, and in all business transactions,
+public and private, in all parts of the country, they are received and
+paid out as the equivalent of coin. The demand upon the Treasury
+for gold and silver in exchange for United States notes has been
+comparatively small, and the voluntary deposit of coin and bullion
+in exchange for notes has been very large. The excess of the precious
+metals deposited or exchanged for United States notes over the amount
+of United States notes redeemed is about $40,000,000.
+
+The resumption of specie payments has been followed by a very great
+revival of business. With a currency equivalent in value to the
+money of the commercial world, we are enabled to enter upon an equal
+competition with other nations in trade and production. The increasing
+foreign demand for our manufactures and agricultural products has
+caused a large balance of trade in our favor, which has been paid in
+gold, from the 1st of July last to November 15, to the amount of about
+$59,000,000. Since the resumption of specie payments there has also
+been a marked and gratifying improvement of the public credit. The
+bonds of the Government bearing only 4 per cent interest have been
+sold at or above par, sufficient in amount to pay off all of the
+national debt which was redeemable under present laws. The amount of
+interest saved annually by the process of refunding the debt since
+March 1, 1877, is $14,297,177. The bonds sold were largely in small
+sums, and the number of our citizens now holding the public securities
+is much greater than ever before. The amount of the national debt
+which matures within less than two years is $792,121,700, of which
+$500,000,000 bear interest at the rate of 5 per cent, and the balance
+is in bonds bearing 6 per cent interest. It is believed that this part
+of the public debt can be refunded by the issue of 4 per cent bonds,
+and, by the reduction of interest which will thus be effected, about
+$11,000,000 can be annually saved to the Treasury. To secure this
+important reduction of interest to be paid by the United States
+further legislation is required, which it is hoped will be provided by
+Congress during its present session.
+
+The coinage of gold by the mints of the United States during the last
+fiscal year was $40,986,912. The coinage of silver dollars since
+the passage of the act for that purpose up to November 1, 1879, was
+$45,000,850, of which $12,700,344 have been issued from the Treasury
+and are now in circulation, and $32,300,506 are still in the
+possession of the Government.
+
+The pendency of the proposition for unity of action between the United
+States and the principal commercial nations of Europe to effect a
+permanent system for the equality of gold and silver in the recognized
+money of the world leads me to recommend that Congress refrain from
+new legislation on the general subject. The great revival of trade,
+internal and foreign, will supply during the coming year its own
+instructions, which may well be awaited before attempting further
+experimental measures with the coinage. I would, however, strongly
+urge upon Congress the importance of authorizing the Secretary of the
+Treasury to suspend the coinage of silver dollars upon the present
+legal ratio. The market value of the silver dollar being uniformly and
+largely less than the market value of the gold dollar, it is obviously
+impracticable to maintain them at par with each other if both are
+coined without limit. If the cheaper coin is forced into circulation,
+it will, if coined without limit, soon become the sole standard of
+value, and thus defeat the desired object, which is a currency of both
+gold and silver which shall be of equivalent value, dollar for dollar,
+with the universally recognized money of the world.
+
+The retirement from circulation of United States notes with the
+capacity of legal tender in private contracts is a step to be taken
+in our progress toward a safe and stable currency which should be
+accepted as the policy and duty of the Government and the interest
+and security of the people. It is my firm conviction that the issue of
+legal-tender paper money based wholly upon the authority and credit of
+the Government, except in extreme emergency, is without warrant in the
+Constitution and a violation of sound financial principles. The issue
+of United States notes during the late civil war with the capacity of
+legal tender between private individuals was not authorized except as
+a means of rescuing the country from imminent peril. The circulation
+of these notes as paper money for any protracted period of time after
+the accomplishment of this purpose was not contemplated by the
+framers of the law under which they were issued. They anticipated the
+redemption and withdrawal of these notes at the earliest practicable
+period consistent with the attainment of the object for which they
+were provided.
+
+The policy of the United States, steadily adhered to from the adoption
+of the Constitution, has been to avoid the creation of a national
+debt; and when, from necessity in time of war, debts have been
+created, they have been paid off, on the return of peace, as rapidly
+as possible. With this view, and for this purpose, it is recommended
+that the existing laws for the accumulation of a sinking fund
+sufficient to extinguish the public debt within a limited period
+be maintained. If any change of the objects or rates of taxation is
+deemed necessary by Congress, it is suggested that experience has
+shown that a duty can be placed on tea and coffee which will not
+enhance the price of those articles to the consumer, and which will
+add several millions of dollars annually to the Treasury.
+
+The continued deliberate violation by a large number of the prominent
+and influential citizens of the Territory of Utah of the laws of the
+United States for the prosecution and punishment of polygamy demands
+the attention of every department of the Government. This Territory
+has a population sufficient to entitle it to admission as a State,
+and the general interests of the nation, as well as the welfare of the
+citizens of the Territory, require its advance from the Territorial
+form of government to the responsibilities and privileges of a State.
+This important change will not, however, be approved by the country
+while the citizens of Utah in very considerable number uphold a
+practice which is condemned as a crime by the laws of all civilized
+communities throughout the world.
+
+The law for the suppression of this offense was enacted with great
+unanimity by Congress more than seventeen years ago, but has remained
+until recently a dead letter in the Territory of Utah, because of the
+peculiar difficulties attending its enforcement. The opinion widely
+prevailed among the citizens of Utah that the law was in contravention
+of the constitutional guaranty of religious freedom. This objection
+is now removed. The Supreme Court of the United States has decided the
+law to be within the legislative power of Congress and binding as a
+rule of action for all who reside within the Territories. There is
+no longer any reason for delay or hesitation in its enforcement.
+It should be firmly and effectively executed. If not sufficiently
+stringent in its provisions, it should be amended; and in aid of the
+purpose in view I recommend that more comprehensive and more searching
+methods for preventing as well as punishing this crime be provided. If
+necessary to secure obedience to the law, the enjoyment and exercise
+of the rights and privileges of citizenship in the Territories of the
+United States may be withheld or withdrawn from those who violate or
+oppose the enforcement of the law on this subject.
+
+The elections of the past year, though occupied only with State
+officers, have not failed to elicit in the political discussions which
+attended them all over the country new and decisive evidence of the
+deep interest which the great body of citizens take in the progress
+of the country toward a more general and complete establishment, at
+whatever cost, of universal security and freedom in the exercise of
+the elective franchise. While many topics of political concern demand
+great attention from our people, both in the sphere of national and
+State authority, I find no reason to qualify the opinion I expressed
+in my last annual message, that no temporary or administrative
+interests of government, however urgent or weighty, will ever
+displace the zeal of our people in defense of the primary rights of
+citizenship, and that the power of public opinion will override all
+political prejudices, and all sectional and State attachments in
+demanding that all over our wide territory the name and character of
+citizen of the United States shall mean one and the same thing and
+carry with them unchallenged security and respect. I earnestly appeal
+to the intelligence and patriotism of all good citizens of every part
+of the country, however much they may be divided in opinions on other
+political subjects, to unite in compelling obedience to existing laws
+aimed at the protection of the right of suffrage. I respectfully urge
+upon Congress to supply any defects in these laws which experience has
+shown and which it is within its power to remedy. I again invoke the
+cooperation of the executive and legislative authorities of the States
+in this great purpose. I am fully convinced that if the public mind
+can be set at rest on this paramount question of popular rights no
+serious obstacle will thwart or delay the complete pacification of the
+country or retard the general diffusion of prosperity.
+
+In a former message I invited the attention of Congress to the
+subject of the reformation of the civil service of the Government,
+and expressed the intention of transmitting to Congress as early as
+practicable a report upon this subject by the chairman of the Civil
+Service Commission.
+
+In view of the facts that during a considerable period the Government
+of Great Britain has been dealing with administrative problems and
+abuses in various particulars analogous to those presented in this
+country, and that in recent years the measures adopted were understood
+to have been effective and in every respect highly satisfactory, I
+thought it desirable to have fuller information upon the subject, and
+accordingly requested the chairman of the Civil Service Commission to
+make a thorough investigation for this purpose. The result has been an
+elaborate and comprehensive report.
+
+The report sets forth the history of the partisan spoils system
+in Great Britain, and of the rise and fall of the parliamentary
+patronage, and of official interference with the freedom of elections.
+It shows that after long trials of various kinds of examinations those
+which are competitive and open on equal terms to all, and which are
+carried on under the superintendence of a single commission, have,
+with great advantage, been established as conditions of admission to
+almost every official place in the subordinate administration of that
+country and of British India. The completion of the report, owing to
+the extent of the labor involved in its preparation and the omission
+of Congress to make any provision either for the compensation or the
+expenses of the Commission, has been postponed until the present time.
+It is herewith transmitted to Congress.
+
+While the reform measures of another government are of no authority
+for us, they are entitled to influence to the extent to which their
+intrinsic wisdom and their adaptation to our institutions and
+social life may commend them to our consideration. The views I have
+heretofore expressed concerning the defects and abuses in our civil
+administration remain unchanged, except in so far as an enlarged
+experience has deepened my sense of the duty both of officers and of
+the people themselves to cooperate for their removal. The grave evils
+and perils of a partisan spoils system of appointment to office and of
+office tenure are now generally recognized. In the resolutions of
+the great parties, in the reports of Departments, in the debates and
+proceedings of Congress, in the messages of Executives, the gravity of
+these evils has been pointed out and the need of their reform has been
+admitted.
+
+To command the necessary support, every measure of reform must be
+based on common right and justice, and must be compatible with the
+healthy existence of great parties, which are inevitable and essential
+in a free state.
+
+When the people have approved a policy at a national election,
+confidence on the part of the officers they have selected and of the
+advisers who, in accordance with our political institutions, should be
+consulted in the policy which it is their duty to carry into effect
+is indispensable. It is eminently proper that they should explain it
+before the people, as well as illustrate its spirit in the performance
+of their official duties.
+
+Very different considerations apply to the greater number of those who
+fill the subordinate places in the civil service. Their responsibility
+is to their superiors in official position. It is their duty to obey
+the legal instructions of those upon whom that authority is devolved,
+and their best public service consists in the discharge of their
+functions irrespective of partisan politics. Their duties are the
+same whatever party is in power and whatever policy prevails. As a
+consequence it follows that their tenure of office should not depend
+on the prevalence of any policy or the supremacy of any party, but
+should be determined by their capacity to serve the people most
+usefully quite irrespective of partisan interests. The same
+considerations that should govern the tenure should also prevail in
+the appointment, discipline, and removal of these subordinates. The
+authority of appointment and removal is not a perquisite, which may
+be used to aid a friend or reward a partisan, but is a trust, to be
+exercised in the public interest under all the sanctions which attend
+the obligation to apply the public funds only for public purposes.
+
+Every citizen has an equal right to the honor and profit of
+entering the public service of his country. The only just ground of
+discrimination is the measure of character and capacity he has to make
+that service most useful to the people. Except in cases where,
+upon just and recognized principles--as upon the theory of
+pensions--offices and promotions are bestowed as rewards for past
+services, their bestowal upon any theory which disregards personal
+merit is an act of injustice to the citizen, as well as a breach of
+that trust subject to which the appointing power is held.
+
+In the light of these principles it becomes of great importance to
+provide just and adequate means, especially for every Department and
+large administrative office, where personal discrimination on the part
+of its head is not practicable, for ascertaining those qualifications
+to which appointments and removals should have reference. To fail to
+provide such means is not only to deny the opportunity of ascertaining
+the facts upon which the most righteous claim to office depends,
+but of necessity to discourage all worthy aspirants by handing over
+appointments and removals to mere influence and favoritism. If it is
+the right of the worthiest claimant to gain the appointment and the
+interest of the people to bestow it upon him, it would seem clear that
+a wise and just method of ascertaining personal fitness for office
+must be an important and permanent function of every just and wise
+government. It has long since become impossible in the great offices
+for those having the duty of nomination and appointment to personally
+examine into the individual qualifications of more than a small
+proportion of those seeking office, and with the enlargement of the
+civil service that proportion must continue to become less.
+
+In the earlier years of the Government the subordinate offices were so
+few in number that it was quite easy for those making appointments
+and promotions to personally ascertain the merits of candidates.
+Party managers and methods had not then become powerful agencies of
+coercion, hostile to the free and just exercise of the appointing
+power.
+
+A large and responsible part of the duty of restoring the civil
+service to the desired purity and efficiency rests upon the President,
+and it is my purpose to do what is within my power to advance such
+prudent and gradual measures of reform as will most surely and rapidly
+bring about that radical change of system essential to make our
+administrative methods satisfactory to a free and intelligent people.
+By a proper exercise of authority it is in the power of the Executive
+to do much to promote such a reform. But it can not be too clearly
+understood that nothing adequate can be accomplished without
+cooperation on the part of Congress and considerate and intelligent
+support among the people. Reforms which challenge the generally
+accepted theories of parties and demand changes in the methods of
+Departments are not the work of a day. Their permanent foundations
+must be laid in sound principles and in an experience which
+demonstrates their wisdom and exposes the errors of their adversaries.
+Every worthy officer desires to make his official action a gain and an
+honor to his country; but the people themselves, far more than their
+officers in public station, are interested in a pure, economical, and
+vigorous administration.
+
+By laws enacted in 1853 and 1855, and now in substance incorporated
+in the Revised Statutes, the practice of arbitrary appointments to the
+several subordinate grades in the great Departments was condemned, and
+examinations as to capacity, to be conducted by departmental boards of
+examiners, were provided for and made conditions of admission to
+the public service. These statutes are a decision by Congress that
+examinations of some sort as to attainments and capacity are essential
+to the well-being of the public service. The important questions since
+the enactment of these laws have been as to the character of these
+examinations, and whether official favor and partisan influence or
+common right and merit were to control the access to the examinations.
+In practice these examinations have not always been open to worthy
+persons generally who might wish to be examined. Official favoritism
+and partisan influence, as a rule, appear to have designated those
+who alone were permitted to go before the examining boards, subjecting
+even the examiners to a pressure from the friends of the candidates
+very difficult to resist. As a consequence the standard of admission
+fell below that which the public interest demanded. It was also almost
+inevitable that a system which provided for various separate boards of
+examiners, with no common supervision or uniform method of procedure,
+should result in confusion, inconsistency, and inadequate tests of
+capacity, highly detrimental to the public interest. A further and
+more radical change was obviously required.
+
+In the annual message of December, 1870, my predecessor declared
+that--
+
+ 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.
+
+
+Congress accordingly passed the act approved March 3, 1871, "to
+regulate the civil service of the United States and promote the
+efficiency thereof," giving the necessary authority to the Executive
+to inaugurate a civil-service reform.
+
+Acting under this statute, which was interpreted as intended to secure
+a system of just and effectual examinations under uniform supervision,
+a number of eminently competent persons were selected for the purpose,
+who entered with zeal upon the discharge of their duties, prepared
+with an intelligent appreciation of the requirements of the service
+the regulations contemplated, and took charge of the examinations, and
+who in their capacity as a board have been known as the "Civil Service
+Commission." Congress for two years appropriated the money needed for
+the compensation and for the expense of carrying on the work of the
+Commission.
+
+It appears from the report of the Commission submitted to the
+President in April, 1874, that examinations had been held in various
+sections of the country, and that an appropriation of about $25,000
+would be required to meet the annual expenses, including salaries,
+involved in discharging the duties of the Commission. The report was
+transmitted to Congress by special message of April 18, 1874, with the
+following favorable comment upon the labors of the Commission:
+
+ 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 hitherto 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.
+
+
+And in the annual message of December of the same year similar views
+are expressed and an appropriation for continuing the work of the
+Commission again advised.
+
+The appropriation was not made, and as a consequence the active work
+of the Commission was suspended, leaving the Commission itself still
+in existence. Without the means, therefore, of causing qualifications
+to be tested in any systematic manner or of securing for the public
+service the advantages of competition upon any extensive plan, I
+recommended in my annual message of December, 1877, the making of an
+appropriation for the resumption of the work of the Commission.
+
+In the meantime, however, competitive examinations, under many
+embarrassments, have been conducted within limited spheres in
+the Executive Departments in Washington and in a number of the
+custom-houses and post-offices of the principal cities of the country,
+with a view to further test their effects, and in every instance they
+have been found to be as salutary as they are stated to have been
+under the Administration of my predecessor. I think the economy,
+purity, and efficiency of the public service would be greatly promoted
+by their systematic introduction, wherever practicable, throughout the
+entire civil service of the Government, together with ample provision
+for their general supervision in order to secure consistency and
+uniform justice.
+
+Reports from the Secretary of the Interior, from the
+Postmaster-General, from the postmaster in the city of New York, where
+such examinations have been some time on trial, and also from the
+collector of the port, the naval officer, and the surveyor in that
+city, and from the postmasters and collectors in several of the other
+large cities, show that the competitive system, where applied, has in
+various ways contributed to improve the public service.
+
+The reports show that the results have been salutary in a marked
+degree, and that the general application of similar rules can not fail
+to be of decided benefit to the service.
+
+The reports of the Government officers, in the city of New York
+especially, bear decided testimony to the utility of open competitive
+examinations in their respective offices, showing that--
+
+ These examinations and the excellent qualifications of
+ those admitted to the service through them have had a marked
+ incidental effect upon the persons previously in the service,
+ and particularly upon those aspiring to promotion. There has
+ been on the part of these latter an increased interest in the
+ work and a desire to extend acquaintance with it beyond the
+ particular desk occupied, and thus the morale of the entire
+ force has been raised. * * * The examinations have been
+ attended by many citizens, who have had an opportunity to
+ thoroughly investigate the scope and character of the tests
+ and the method of determining the results, and those visitors
+ have without exception approved the methods employed, and
+ several of them have publicly attested their favorable
+ opinion.
+
+
+Upon such considerations I deem it my duty to renew the recommendation
+contained in my annual message of December, 1877, requesting Congress
+to make the necessary appropriation for the resumption of the work of
+the Civil Service Commission. Economy will be promoted by authorizing
+a moderate compensation to persons in the public service who may
+perform extra labor upon or under the Commission, as the Executive may
+direct.
+
+I am convinced that if a just and adequate test of merit is enforced
+for admission to the public service and in making promotions such
+abuses as removals without good cause and partisan and official
+interference with the proper exercise of the appointing power will in
+large measure disappear.
+
+There are other administrative abuses to which the attention
+of Congress should be asked in this connection. Mere partisan
+appointments and the constant peril of removal without cause very
+naturally lead to an absorbing and mischievous political activity on
+the part of those thus appointed, which not only interferes with the
+due discharge of official duty, but is incompatible with the freedom
+of elections. Not without warrant in the views of several of my
+predecessors in the Presidential office, and directly within the law
+of 1871, already cited, I endeavored, by regulation made on the 22d
+day of June, 1877, to put some reasonable limits to such abuses. It
+may not be easy, and it may never perhaps be necessary, to define with
+precision the proper limit of political action on the part of Federal
+officers. But while their right to hold and freely express their
+opinions can not be questioned, it is very plain that they should
+neither be allowed to devote to other subjects the time needed for the
+proper discharge of their official duties nor to use the authority of
+their office to enforce their own opinions or to coerce the political
+action of those who hold different opinions.
+
+Reasons of justice and public policy quite analogous to those which
+forbid the use of official power for the oppression of the private
+citizen impose upon the Government the duty of protecting its officers
+and agents from arbitrary exactions. In whatever aspect considered,
+the practice of making levies for party purposes upon the salaries
+of officers is highly demoralizing to the public service and
+discreditable to the country. Though an officer should be as free as
+any other citizen to give his own money in aid of his opinions or his
+party, he should also be as free as any other citizen to refuse to
+make such gifts. If salaries are but a fair compensation for the time
+and labor of the officer, it is gross injustice to levy a tax upon
+them. If they are made excessive in order that they may bear the tax,
+the excess is an indirect robbery of the public funds.
+
+I recommend, therefore, such a revision and extension of present
+statutes as shall secure to those in every grade of official life or
+public employment the protection with which a great and enlightened
+nation should guard those who are faithful in its service.
+
+Our relations with foreign countries have continued peaceful.
+
+With Great Britain there are still unsettled questions, growing out of
+the local laws of the maritime provinces and the action of provincial
+authorities deemed to be in derogation of rights secured by treaty
+to American fishermen. The United States minister in London has been
+instructed to present a demand for $105,305.02 in view of the damages
+received by American citizens at Fortune Bay on the 6th day of
+January, 1878. The subject has been taken into consideration by the
+British Government, and an early reply is anticipated.
+
+Upon the completion of the necessary preliminary examinations the
+subject of our participation in the provincial fisheries, as regulated
+by treaty, will at once be brought to the attention of the British
+Government, with a view to an early and permanent settlement of the
+whole question, which was only temporarily adjusted by the treaty of
+Washington.
+
+Efforts have been made to obtain the removal of restrictions found
+injurious to the exportation of cattle to the United Kingdom.
+
+Some correspondence has also occurred with regard to the rescue and
+saving of life and property upon the Lakes, which has resulted in
+important modifications of the previous regulations of the Dominion
+government on the subject in the interest of humanity and commerce.
+
+In accordance with the joint resolution of the last session of
+Congress, commissioners were appointed to represent the United States
+at the two international exhibitions in Australia, one of which is
+now in progress at Sydney, and the other to be held next year
+at Melbourne. A desire has been expressed by our merchants and
+manufacturers interested in the important and growing trade with
+Australia that an increased provision should be made by Congress for
+the representation of our industries at the Melbourne exhibition of
+next year, and the subject is respectfully submitted to your favorable
+consideration.
+
+The assent of the Government has been given to the landing on the
+coast of Massachusetts of a new and independent transatlantic cable
+between France, by way of the French island of St. Pierre, and this
+country, subject to any future legislation of Congress on the subject.
+The conditions imposed before allowing this connection with our shores
+to be established are such as to secure its competition with any
+existing or future lines of marine cable and preclude amalgamation
+therewith, to provide for entire equality of rights to our Government
+and people with those of France in the use of the cable, and prevent
+any exclusive possession of the privilege as accorded by France to the
+disadvantage of any future cable communication between France and the
+United States which may be projected and accomplished by our citizens.
+An important reduction of the present rates of cable communication
+with Europe, felt to be too burdensome to the interests of our
+commerce, must necessarily flow from the establishment of this
+competing line.
+
+The attention of Congress was drawn to the propriety of some general
+regulation by Congress of the whole subject of transmarine cables by
+my predecessor in his message of December 7, 1875, and I respectfully
+submit to your consideration the importance of Congressional action in
+the matter.
+
+The questions of grave importance with Spain growing out of the
+incidents of the Cuban insurrection have been for the most part
+happily and honorably settled. It may reasonably be anticipated that
+the commission now sitting in Washington for the decision of private
+cases in this connection will soon be able to bring its labors to a
+conclusion.
+
+The long-standing question of East Florida claims has lately been
+renewed as a subject of correspondence, and may possibly require
+Congressional action for its final disposition.
+
+A treaty with the Netherlands with respect to consular rights and
+privileges similar to those with other powers has been signed and
+ratified, and the ratifications were exchanged on the 31st of July
+last. Negotiations for extradition treaties with the Netherlands and
+with Denmark are now in progress.
+
+Some questions with Switzerland in regard to pauper and convict
+emigrants have arisen, but it is not doubted that they will be
+arranged upon a just and satisfactory basis. A question has also
+occurred with respect to an asserted claim by Swiss municipal
+authorities to exercise tutelage over persons and property of Swiss
+citizens naturalized in this country. It is possible this may require
+adjustment by treaty.
+
+With the German Empire frequent questions arise in connection with
+the subjects of naturalization and expatriation, but the Imperial
+Government has constantly manifested a desire to strictly maintain and
+comply with all treaty stipulations in regard to them.
+
+In consequence of the omission of Congress to provide for a diplomatic
+representative at Athens, the legation to Greece has been withdrawn.
+There is now no channel of diplomatic communication between the two
+countries, and the expediency of providing for one in some form is
+submitted to Congress.
+
+Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium
+continue amicable, and marked by no incident of especial importance.
+
+A change of the personal head of the Government of Egypt has taken
+place. No change, however, has occurred in the relations between
+Egypt and the United States. The action of the Egyptian Government in
+presenting to the city of New York one of the ancient obelisks, which
+possess such historic interest, is highly appreciated as a generous
+mark of international regard. If prosperity should attend the
+enterprise of its transportation across the Atlantic, its erection in
+a conspicuous position in the chief commercial city of the nation will
+soon be accomplished.
+
+The treaty recently made between Japan and the United States in regard
+to the revision of former commercial treaties it is now believed will
+be followed by similar action on the part of other treaty powers. The
+attention of Congress is again invited to the subject of the indemnity
+funds received some years since from Japan and China, which, with
+their accumulated interest, now amount to considerable sums. If any
+part of these funds is justly due to American citizens, they should
+receive it promptly; and whatever may have been received by this
+Government in excess of strictly just demands should in some form be
+returned to the nations to whom it equitably belongs.
+
+The Government of China has signified its willingness to consider the
+question of the emigration of its subjects to the United States with
+a dispassionate fairness and to cooperate in such measures as may
+tend to prevent injurious consequences to the United States. The
+negotiations are still proceeding, and will be pressed with diligence.
+
+A question having arisen between China and Japan about the Lew Chew
+Islands, the United States Government has taken measures to inform
+those powers of its readiness to extend its good offices for the
+maintenance of peace if they shall mutually deem it desirable and find
+it practicable to avail themselves of the proffer.
+
+It is a gratification to be able to announce that, through the
+judicious and energetic action of the military commanders of the two
+nations on each side of the Rio Grande, under the instructions of
+their respective Governments, raids and depredations have greatly
+decreased, and in the localities where formerly most destructive
+have now almost wholly ceased. In view of this result, I entertain a
+confident expectation that the prevalence of quiet on the border will
+soon become so assured as to justify a modification of the present
+orders to our military commanders as to crossing the border, without
+encouraging such disturbances as would endanger the peace of the two
+countries.
+
+The third installment of the award against Mexico under the claims
+commission of July 4, 1868, was duly paid, and has been put in course
+of distribution in pursuance of the act of Congress providing for the
+same. This satisfactory situation between the two countries leads me
+to anticipate an expansion of our trade with Mexico and an increased
+contribution of capital and industry by our people to the development
+of the great resources of that country. I earnestly commend to the
+wisdom of Congress the provision of suitable legislation looking to
+this result.
+
+Diplomatic intercourse with Colombia is again fully restored by the
+arrival of a minister from that country to the United States. This
+is especially fortunate in view of the fact that the question of an
+interoceanic canal has recently assumed a new and important aspect and
+is now under discussion with the Central American countries through
+whose territory the canal, by the Nicaragua route, would have to pass.
+It is trusted that enlightened statesmanship on their part will see
+that the early prosecution of such a work will largely inure to
+the benefit, not only of their own citizens and those of the United
+States, but of the commerce of the civilized world. It is not doubted
+that should the work be undertaken under the protective auspices of
+the United States, and upon satisfactory concessions for the right of
+way and its security by the Central American Governments, the capital
+for its completion would be readily furnished from this country and
+Europe, which might, failing such guaranties, prove inaccessible.
+
+Diplomatic relations with Chile have also been strengthened by the
+reception of a minister from that country.
+
+The war between Peru, Bolivia, and Chile still continues. The United
+States have not deemed it proper to interpose in the matter further
+than to convey to all the Governments concerned the assurance that
+the friendly offices of the Government of the United States for the
+restoration of peace upon an honorable basis will be extended in case
+the belligerents shall exhibit a readiness to accept them.
+
+Cordial relations continue with Brazil and the Argentine Republic, and
+trade with those countries is improving. A provision for regular and
+more frequent mail communication, in our own ships, between the
+ports of this country and the nations of South America seems to me
+to deserve the attention of Congress as an essential precursor of an
+enlargement of our commerce with them and an extension of our carrying
+trade.
+
+A recent revolution in Venezuela has been followed by the
+establishment of a provisional government. This government has not
+yet been formally recognized, and it is deemed desirable to await
+the proposed action of the people which is expected to give it the
+sanction of constitutional forms.
+
+A naval vessel has been sent to the Samoan Islands to make surveys and
+take possession of the privileges ceded to the United States by Samoa
+in the harbor of Pago-Pago. A coaling station is to be established
+there, which will be convenient and useful to United States vessels.
+
+The subject of opening diplomatic relations with Roumania and
+Servia, now become independent sovereignties, is at present under
+consideration, and is the subject of diplomatic correspondence.
+
+There is a gratifying increase of trade with nearly all European and
+American countries, and it is believed that with judicious action in
+regard to its development it can and will be still more enhanced and
+that American products and manufactures will find new and expanding
+markets. The reports of diplomatic and consular officers upon this
+subject, under the system now adopted, have resulted in obtaining
+much valuable information, which has been and will continue to be laid
+before Congress and the public from time to time.
+
+The third article of the treaty with Russia of March 30, 1867,
+by which Alaska was ceded to the United States, provides that
+the inhabitants of the ceded territory, with the exception of the
+uncivilized native tribes, shall be admitted to the enjoyment of all
+the rights of citizens of the United States and shall be maintained
+and protected in the free enjoyment of their liberty, property,
+and religion. The uncivilized tribes are subject to such laws and
+regulations as the United States may from time to time adopt in regard
+to the aboriginal tribes of that country.
+
+Both the obligations of this treaty and the necessities of the people
+require that some organized form of government over the Territory of
+Alaska be adopted.
+
+There appears to be no law for the arrest of persons charged with
+common-law offenses, such as assault, robbery, and murder, and no
+magistrate authorized to issue or execute process in such cases.
+Serious difficulties have already arisen from offenses of this
+character, not only among the original inhabitants, but among citizens
+of the United States and other countries who have engaged in mining,
+fishing, and other business operations within the territory. A bill
+authorizing the appointment of justices of the peace and constables
+and the arrest and detention of persons charged with criminal
+offenses, and providing for an appeal to United States courts for
+the district of Oregon in suitable cases, will at a proper time be
+submitted to Congress.
+
+The attention of Congress is called to the annual report of the
+Secretary of the Treasury on the condition of the public finances.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1879, were $273,827,184.46; the ordinary expenditures for the same
+period were $266,947,883.53, leaving a surplus revenue for the year of
+$6,879,300.93.
+
+The receipts for the present fiscal year, ending June 30, 1880, actual
+and estimated, are as follows: Actual receipts for the first quarter,
+commencing July 1, 1879, $79,843,663.61; estimated receipts for the
+remaining three quarters of the year, $208,156,336.39; total receipts
+for the current fiscal year, actual and estimated, $288,000,000.
+
+The expenditures for the same period will be, actual and estimated, as
+follows: For the quarter commencing July 1, 1879, actual expenditures,
+$91,683,385.10; and for the remaining three quarters of the year
+the expenditures are estimated at $172,316,614.90, making the total
+expenditures $264,000,000, and leaving an estimated surplus revenue
+for the year ending June 30, 1880, of $24,000,000. The total receipts
+during the next fiscal year, ending June 30, 1881, estimated according
+to existing laws, will be $288,000,000, and the estimated ordinary
+expenditures for the same period will be $278,097,364.39, leaving a
+surplus of $9,902,635.61 for that year.
+
+The large amount expended for arrears of pensions during the last and
+the present fiscal year, amounting to $21,747,249.60, has prevented
+the application of the full amount required by law to the sinking
+fund for the current year; but these arrears having been substantially
+paid, it is believed that the sinking fund can hereafter be maintained
+without any change of existing law.
+
+The Secretary of War reports that the War Department estimates for the
+fiscal year ending June 30, 1881, are $40,380,428.93, the same being
+for a less sum of money than any annual estimate rendered to Congress
+from that Department during a period of at least twelve years.
+
+He concurs with the General of the Army in recommending such
+legislation as will authorize the enlistment of the full number
+of 25,000 men for the line of the Army, exclusive of the 3,463 men
+required for detached duty, and therefore not available for service in
+the field.
+
+He also recommends that Congress be asked to provide by law for
+the disposition of a large number of abandoned military posts and
+reservations, which, though very valuable in themselves, have been
+rendered useless for military purposes by the advance of civilization
+and settlement.
+
+He unites with the Quartermaster-General in recommending that an
+appropriation be made for the construction of a cheap and perfectly
+fireproof building for the safe storage of a vast amount of money
+accounts, vouchers, claims, and other valuable records now in the
+Quartermaster-General's Office, and exposed to great risk of total
+destruction by fire.
+
+He also recommends, in conformity with the views of the
+Judge-Advocate-General, some declaratory legislation in reference
+to the military statute of limitations as applied to the crime of
+desertion.
+
+In these several recommendations I concur.
+
+The Secretary of War further reports that the work for the improvement
+of the South Pass of the Mississippi River, under contract with Mr.
+James B. Eads, made in pursuance of an act of Congress, has been
+prosecuted during the past year with a greater measure of success in
+the attainment of results than during any previous year. The channel
+through the South Pass, which at the beginning of operations in June,
+1875, had a depth of only 7-1/2 feet of water, had on the 8th of July,
+1879, a minimum depth of 26 feet, having a width of not less than
+200 feet and a central depth of 30 feet. Payments have been made in
+accordance with the statute, as the work progressed, amounting in
+the aggregate to $4,250,000; and further payments will become due, as
+provided by the statute, in the event of success in maintaining the
+channel now secured.
+
+The reports of the General of the Army and of his subordinates
+present a full and detailed account of the military operations for
+the suppression of hostilities among the Indians of the Ute and
+Apache tribes, and praise is justly awarded to the officers and troops
+engaged for promptness, skill, and courage displayed.
+
+The past year has been one of almost unbroken peace and quiet on the
+Mexican frontier, and there is reason to believe that the efforts of
+this Government and of Mexico to maintain order in that region will
+prove permanently successful.
+
+This Department was enabled during the past year to find temporary,
+though crowded, accommodations and a safe depository for a portion of
+its records in the completed east wing of the building designed for
+the State, War, and Navy Departments. The construction of the north
+wing of the building, a part of the structure intended for the use
+of the War Department, is being carried forward with all possible
+dispatch, and the work should receive from Congress such liberal
+appropriations as will secure its speedy completion.
+
+The report of the Secretary of the Navy shows continued improvement
+in that branch of the service during the last fiscal year. Extensive
+repairs have been made upon vessels, and two new ships have been
+completed and made ready for sea.
+
+The total expenditures of the year ended June 30, 1879, including
+specific appropriations not estimated for by the Department, were
+$13,555,710.09. The expenses chargeable to the year, after deducting
+the amount of these specific appropriations, were $13,343,317.79; but
+this is subject to a reduction of $283,725.99, that amount having been
+drawn upon warrants, but not paid out during the year. The amount of
+appropriations applicable to the last fiscal year was $14,538,646.17.
+There was, therefore, a balance of $1,479,054.37 remaining unexpended
+and to the credit of the Department on June 30, 1879. The estimates
+for the fiscal year ending June 30, 1881, are $14,864,147.95, which
+exceeds the appropriations for the present fiscal year $361,897.28.
+The reason for this increase is explained in the Secretary's
+report. The appropriations available for the present fiscal year are
+$14,502,250.67, which will, in the opinion of the Secretary, answer
+all the ordinary demands of the service. The amount drawn from the
+Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which
+$1,095,440.33 has been refunded, leaving as the expenditure for that
+period $4,674,963.79. If the expenditures of the remaining two-thirds
+of the year do not exceed the proportion for these four months, there
+will remain unexpended at the end of the year $477,359.30 of the
+current appropriations. The report of the Secretary shows the
+gratifying fact that among all the disbursing officers of the Pay
+Corps of the Navy there is not one who is a defaulter to the extent of
+a single dollar. I unite with him in recommending the removal of the
+observatory to a more healthful location. That institution reflects
+credit upon the nation, and has obtained the approbation of scientific
+men in all parts of the world. Its removal from its present location
+would not only be conducive to the health of its officers and
+professors, but would greatly increase its usefulness.
+
+The appropriation for judicial expenses, which has heretofore been
+made for the Department of Justice in gross, was subdivided at the
+last session of Congress, and no appropriation whatever was made for
+the payment of the fees of marshals and their deputies, either in the
+service of process or for the discharge of other duties; and since
+June 30 these officers have continued the performance of their duties
+without compensation from the Government, taking upon themselves the
+necessary incidental outlays, as well as rendering their own services.
+In only a few unavoidable instances has the proper execution of the
+process of the United States failed by reason of the absence of the
+requisite appropriation. This course of official conduct on the part
+of these officers, highly creditable to their fidelity, was advised
+by the Attorney-General, who informed them, however, that they would
+necessarily have to rely for their compensation upon the prospect of
+future legislation by Congress. I therefore especially recommend that
+immediate appropriation be made by Congress for this purpose.
+
+The act making the principal appropriation for the Department of
+Justice at previous sessions has uniformly contained the following
+clause:
+
+ And for defraying the expenses which may be incurred in the
+ enforcement of the act approved February 28, 1871, entitled
+ "An act to amend an act approved May 31, 1870, entitled 'An
+ act to enforce the rights of citizens of the United States
+ to vote in the several States of this Union, and for other
+ purposes,'" or any acts amendatory thereof or supplementary
+ thereto.
+
+
+No appropriation was made for this purpose for the current year. As no
+general election for Members of Congress occurred, the omission was
+a matter of little practical importance. Such election will, however,
+take place during the ensuing year, and the appropriation made for
+the pay of marshals and deputies should be sufficient to embrace
+compensation for the services they may be required to perform at such
+elections.
+
+The business of the Supreme Court is at present largely in arrears.
+It can not be expected that more causes can be decided than are
+now disposed of in its annual session, or that by any assiduity the
+distinguished magistrates who compose the court can accomplish more
+than is now done. In the courts of many of the circuits also the
+business has increased to such an extent that the delay of justice
+will call the attention of Congress to an appropriate remedy. It is
+believed that all is done in each circuit which can fairly be expected
+from its judicial force. The evils arising from delay are less heavily
+felt by the United States than by private suitors, as its causes
+are advanced by the courts when it is seen that they involve the
+discussion of questions of a public character.
+
+The remedy suggested by the Attorney-General is the appointment of
+additional circuit judges and the creation of an intermediate court of
+errors and appeals, which shall relieve the Supreme Court of a part
+of its jurisdiction, while a larger force is also obtained for the
+performance of circuit duties.
+
+I commend this suggestion to the consideration of Congress. It would
+seem to afford a complete remedy, and would involve, if ten additional
+circuit judges are appointed, an expenditure, at the present rate of
+salaries, of not more than $60,000 a year, which would certainly be
+small in comparison with the objects to be attained.
+
+The report of the Postmaster-General bears testimony to the general
+revival of business throughout the country. The receipts of the
+Post-Office Department for the fiscal year ended June 30, 1879,
+were $30,041,982.86, being $764,465.91 more than the revenues of the
+preceding year. The amount realized from the sale of postage stamps,
+stamped envelopes, and postal cards was $764,465.91 more than in the
+preceding year, and $2,387,559.23 more than in 1877. The expenditures
+of the Department were $33,449,899.45, of which the sum of $376,461.63
+was paid on liabilities incurred in preceding years.
+
+The expenditures during the year were $801,209.77 less than in the
+preceding year. This reduction is to be attributed mainly to the
+operation of the law passed June 17, 1878, changing the compensation
+of postmasters from a commission on the value of stamps sold to a
+commission on stamps canceled.
+
+The amount drawn from the Treasury on appropriations, in addition to
+the revenues of the Department, was $3,031,454.96, being $2,276,197.86
+less than in the preceding year.
+
+The expenditures for the fiscal year ending June 30, 1881, are
+estimated at $39,920,900 and the receipts from all sources at
+$32,210,000, leaving a deficiency to be appropriated for out of the
+Treasury of $7,710,900.
+
+The relations of the Department with railroad companies have been
+harmonized, notwithstanding the general reduction by Congress of their
+compensation by the appropriation for special facilities, and the
+railway post-office lines have been greatly extended, especially in
+the Southern States. The interests of the Railway Mail Service and
+of the public would be greatly promoted and the expenditures could be
+more readily controlled by the classification of the employees of the
+Railway Mail Service as recommended by the Postmaster-General, the
+appropriation for salaries, with respect to which the maximum limit is
+already fixed by law, to be made in gross.
+
+The Postmaster-General recommends an amendment of the law regulating
+the increase of compensation for increased service and increased speed
+on star routes, so as to enable him to advertise for proposals for
+such increased service and speed. He also suggests the advantages to
+accrue to the commerce of the country from the enactment of a general
+law authorizing contracts with American-built steamers, carrying the
+American flag, for transporting the mail between ports of the United
+States and ports of the West Indies and South America, at a fixed
+maximum price per mile, the amount to be expended being regulated by
+annual appropriations, in like manner with the amount paid for the
+domestic star service.
+
+The arrangement made by the Postmaster-General and the Secretary of
+the Treasury for the collection of duty upon books received in
+the mail from foreign countries has proved so satisfactory in its
+practical operation that the recommendation is now made that Congress
+shall extend the provisions of the act of March 3, 1879, under which
+this arrangement was made, so as to apply to all other dutiable
+articles received in the mails from foreign countries.
+
+The reports of the Secretary of the Interior and of the Commissioner
+of Indian Affairs, setting forth the present state of our relations
+with the Indian tribes on our territory, the measures taken to advance
+their civilization and prosperity, and the progress already achieved
+by them, will be found of more than ordinary interest. The general
+conduct of our Indian population has been so satisfactory that the
+occurrence of two disturbances, which resulted in bloodshed and
+destruction of property, is all the more to be lamented.
+
+The history of the outbreak on the White River Ute Reservation, in
+western Colorado, has become so familiar by elaborate reports in the
+public press that its remarkable incidents need not be stated here
+in detail. It is expected that the settlement of this difficulty will
+lead to such arrangements as will prevent further hostile contact
+between the Indians and the border settlements in western Colorado.
+
+The other disturbance occurred at the Mescalero Agency, in New Mexico,
+where Victoria, at the head of a small band of marauders, after
+committing many atrocities, being vigorously chased by a military
+force, made his way across the Mexican border and is now on foreign
+soil.
+
+While these occurrences, in which a comparatively small number of
+Indians were engaged, are most deplorable, a vast majority of our
+Indian population have fully justified the expectations of those who
+believe that by humane and peaceful influences the Indian can be led
+to abandon the habits of savage life and to develop a capacity for
+useful and civilized occupations. What they have already accomplished
+in the pursuit of agricultural and mechanical work, the remarkable
+success which has attended the experiment of employing as freighters
+a class of Indians hitherto counted among the wildest and most
+intractable, and the general and urgent desire expressed by them for
+the education of their children may be taken as sufficient proof that
+they will be found capable of accomplishing much more if they continue
+to be wisely and fairly guided. The "Indian policy" sketched in the
+report of the Secretary of the Interior, the object of which is to
+make liberal provision for the education of Indian youth, to settle
+the Indians upon farm lots in severalty, to give them title in fee to
+their farms, inalienable for a certain number of years, and when their
+wants are thus provided for to dispose by sale of the lands on their
+reservations not occupied and used by them, a fund to be formed out
+of the proceeds for the benefit of the Indians, which will gradually
+relieve the Government of the expenses now provided for by annual
+appropriations, must commend itself as just and beneficial to the
+Indians, and as also calculated to remove those obstructions which
+the existence of large reservations presents to the settlement and
+development of the country. I therefore earnestly recommend the
+enactment of a law enabling the Government to give Indians a title in
+fee, inalienable for twenty-five years, to the farm lands assigned to
+them by allotment. I also repeat the recommendation made in my first
+annual message, that a law be passed admitting Indians who can give
+satisfactory proof of having by their own labor supported their
+families for a number of years, and who are willing to detach
+themselves from their tribal relations, to the benefit of the
+homestead act, and to grant them patents containing the same provision
+of inalienability for a certain period.
+
+The experiment of sending a number of Indian children of both sexes to
+the Hampton Normal and Agricultural Institute, in Virginia, to receive
+an elementary English education and practical instruction in farming
+and other useful industries, has led to results so promising that it
+was thought expedient to turn over the cavalry barracks at Carlisle,
+in Pennsylvania, to the Interior Department for the establishment of
+an Indian school on a larger scale. This school has now 158 pupils,
+selected from various tribes, and is in full operation. Arrangements
+are also made for the education of a number of Indian boys and girls
+belonging to tribes on the Pacific Slope in a similar manner, at
+Forest Grove, in Oregon. These institutions will commend themselves to
+the liberality of Congress and to the philanthropic munificence of the
+American people.
+
+Last spring information was received of the organization of an
+extensive movement in the Western States, the object of which was
+the occupation by unauthorized persons of certain lands in the Indian
+Territory ceded by the Cherokees to the Government for the purpose of
+settlement by other Indian tribes.
+
+On the 26th of April I issued a proclamation[40] warning all persons
+against participation in such an attempt, and by the cooperation of a
+military force the invasion was promptly checked. It is my purpose to
+protect the rights of the Indian inhabitants of that Territory to the
+full extent of the executive power; but it would be unwise to ignore
+the fact that a territory so large and so fertile, with a population
+so sparse and with so great a wealth of unused resources, will be
+found more exposed to the repetition of such attempts as happened
+this year when the surrounding States are more densely settled and the
+westward movement of our population looks still more eagerly for
+fresh lands to occupy. Under such circumstances the difficulty of
+maintaining the Indian Territory in its present state will greatly
+increase, and the Indian tribes inhabiting it would do well to prepare
+for such a contingency. I therefore fully approve of the advice given
+to them by the Secretary of the Interior on a recent occasion, to
+divide among themselves in severalty as large a quantity of their
+lands as they can cultivate; to acquire individual title in fee
+instead of their present tribal ownership in common, and to consider
+in what manner the balance of their lands may be disposed of by the
+Government for their benefit. By adopting such a policy they would
+more certainly secure for themselves the value of their possessions,
+and at the same time promote their progress in civilization and
+prosperity, than by endeavoring to perpetuate the present state of
+things in the Territory.
+
+The question whether a change in the control of the Indian service
+should be made was in the Forty-fifth Congress referred to a joint
+committee of both Houses for inquiry and report. In my last annual
+message I expressed the hope that the decision of that question, then
+in prospect, would "arrest further agitation of this subject, such
+agitation being apt to produce a disturbing effect upon the service as
+well as on the Indians themselves." Since then, the committee having
+reported, the question has been decided in the negative by a vote in
+the House of Representatives.
+
+For the reasons here stated, and in view of the fact that further
+uncertainty on this point will be calculated to obstruct other
+much-needed legislation, to weaken the discipline of the service, and
+to unsettle salutary measures now in progress for the government and
+improvement of the Indians, I respectfully recommend that the decision
+arrived at by Congress at its last session be permitted to stand.
+
+The efforts made by the Department of the Interior to arrest the
+depredations on the timber lands of the United States have been
+continued, and have met with considerable success. A large number of
+cases of trespass have been prosecuted in the courts of the United
+States; others have been settled, the trespassers offering to make
+payment to the Government for the value of the timber taken by them.
+The proceeds of these prosecutions and settlements turned into the
+Treasury far exceed in amount the sums appropriated by Congress for
+this purpose. A more important result, however, consists in the fact
+that the destruction of our public forests by depredation, although
+such cases still occur, has been greatly reduced in extent, and it
+is probable that if the present policy is vigorously pursued and
+sufficient provision to that end is made by Congress such trespasses,
+at least those on a large scale, can be entirely suppressed, except
+in the Territories, where timber for the daily requirements of the
+population can not, under the present state of the law, be otherwise
+obtained. I therefore earnestly invite the attention of Congress to
+the recommendation made by the Secretary of the Interior, that a law
+be enacted enabling the Government to sell timber from the public
+lands without conveying the fee, where such lands are principally
+valuable for the timber thereon, such sales to be so regulated as to
+conform to domestic wants and business requirements, while at the
+same time guarding against a sweeping destruction of the forests. The
+enactment of such a law appears to become a more pressing necessity
+every day.
+
+My recommendations in former messages are renewed in favor of
+enlarging the facilities of the Department of Agriculture. Agriculture
+is the leading interest and the permanent industry of our people. It
+is to the abundance of agricultural production, as compared with our
+home consumption, and the largely increased and highly profitable
+market abroad which we have enjoyed in recent years, that we are
+mainly indebted for our present prosperity as a people. We must look
+for its continued maintenance to the same substantial resource.
+There is no branch of industry in which labor, directed by scientific
+knowledge, yields such increased production in comparison with
+unskilled labor, and no branch of the public service to which the
+encouragement of liberal appropriations can be more appropriately
+extended. The omission to render such aid is not a wise economy,
+but, on the contrary, undoubtedly results in losses of immense sums
+annually that might be saved through well-directed efforts by the
+Government to promote this vital interest.
+
+The results already accomplished with the very limited means
+heretofore placed at the command of the Department of Agriculture is
+an earnest of what may be expected with increased appropriations for
+the several purposes indicated in the report of the Commissioner, with
+a view to placing the Department upon a footing which will enable it
+to prosecute more effectively the objects for which it is established.
+
+Appropriations are needed for a more complete laboratory, for the
+establishment of a veterinary division and a division of forestry, and
+for an increase of force.
+
+The requirements for these and other purposes, indicated in the report
+of the Commissioner under the head of the immediate necessities of the
+Department, will not involve any expenditure of money that the country
+can not with propriety now undertake in the interests of agriculture.
+
+It is gratifying to learn from the Bureau of Education the extent to
+which educational privileges throughout the United States have been
+advanced during the year. No more fundamental responsibility rests
+upon Congress than that of devising appropriate measures of financial
+aid to education, supplemental to local action in the States and
+Territories and in the District of Columbia. The wise forethought of
+the founders of our Government has not only furnished the basis for
+the support of the common-school systems of the newer States, but laid
+the foundations for the maintenance of their universities and colleges
+of agriculture and the mechanic arts. Measures in accordance with this
+traditional policy, for the further benefit of all these interests and
+the extension of the same advantages to every portion of the country,
+it is hoped will receive your favorable consideration.
+
+To preserve and perpetuate the national literature should be among the
+foremost cares of the National Legislature. The library gathered at
+the Capitol still remains unprovided with any suitable accommodations
+for its rapidly increasing stores. The magnitude and importance of the
+collection, increased as it is by the deposits made under the law of
+copyright, by domestic and foreign exchanges, and by the scientific
+library of the Smithsonian Institution, call for building
+accommodations which shall be at once adequate and fireproof. The
+location of such a public building, which should provide for the
+pressing necessities of the present and for the vast increase of the
+nation's books in the future, is a matter which addresses itself to
+the discretion of Congress. It is earnestly recommended as a measure
+which should unite all suffrages and which should no longer be
+delayed.
+
+The joint commission created by the act of Congress of August 2, 1876,
+for the purpose of supervising and directing the completion of the
+Washington National Monument, of which commission the President is a
+member, has given careful attention to this subject, and already the
+strengthening of the foundation has so far progressed as to insure the
+entire success of this part of the work. A massive layer of masonry
+has been introduced below the original foundation, widening the base,
+increasing the stability of the structure, and rendering it possible
+to carry the shaft to completion. It is earnestly recommended that
+such further appropriations be made for the continued prosecution
+of the work as may be necessary for the completion of this national
+monument at an early day.
+
+In former messages, impressed with the importance of the subject,
+I have taken occasion to commend to Congress the adoption of a
+generous policy toward the District of Columbia. The report of
+the Commissioners of the District, herewith transmitted, contains
+suggestions and recommendations, to all of which I earnestly invite
+your careful attention. I ask your early and favorable consideration
+of the views which they express as to the urgent need of legislation
+for the reclamation of the marshes of the Potomac and its Eastern
+Branch within the limits of the city, and for the repair of the
+streets of the capital, heretofore laid with wooden blocks and now by
+decay rendered almost impassable and a source of imminent danger
+to the health of its citizens. The means at the disposal of the
+Commissioners are wholly inadequate for the accomplishment of these
+important works, and should be supplemented by timely appropriations
+from the Federal Treasury.
+
+The filling of the flats in front of the city will add to the adjacent
+lands and parks now owned by the United States a large and valuable
+domain, sufficient, it is thought, to reimburse its entire cost, and
+will also, as an incidental result, secure the permanent improvement
+of the river for the purposes of navigation.
+
+The Constitution having invested Congress with supreme and exclusive
+jurisdiction over the District of Columbia, its citizens must of
+necessity look to Congress alone for all needful legislation affecting
+their interests; and as the territory of this District is the common
+property of the people of the United States, who equally with its
+resident citizens are interested in the prosperity of their capital,
+I can not doubt that you will be amply sustained by the general voice
+of the country in any measures you may adopt for this purpose.
+
+I also invite the favorable consideration of Congress to the wants of
+the public schools of this District, as exhibited in the report of the
+Commissioners. While the number of pupils is rapidly increasing,
+no adequate provision exists for a corresponding increase of school
+accommodation, and the Commissioners are without the means to meet
+this urgent need. A number of the buildings now used for school
+purposes are rented, and are in important particulars unsuited for the
+purpose. The cause of popular education in the District of Columbia is
+surely entitled to the same consideration at the hands of the
+National Government as in the several States and Territories, to which
+munificent grants of the public lands have been made for the endowment
+of schools and universities.
+
+RUTHERFORD B. HAYES.
+
+[Footnote 40: See pp. 547-548.]
+
+
+
+
+SPECIAL MESSAGES.
+
+
+EXECUTIVE MANSION, _December 19, 1879_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a draft of a bill submitted
+by the Board of Commissioners of the District of Columbia, entitled
+"A bill to provide for the reclamation of the marshes in the harbors
+of the cities of Washington and Georgetown, and for other purposes,"
+together with the accompanying letter of the president of the board
+requesting its transmission to Congress.
+
+The bill embraces a plan for the reclamation of the marshes of the
+Potomac River and its Eastern Branch within the limits of the city
+of Washington, and is carefully framed with a view to economy in the
+prosecution of the work. The attention of Congress is again invited to
+the urgent need of legislation for this important work, which has been
+so long delayed.
+
+The improvement contemplated is essential to the health of those who
+reside, whether permanently or temporarily, at the capital, and to
+the safe and convenient navigation of the waters in its vicinity by
+vessels employed in the service of the Government and for the purposes
+of commerce. It is a measure of more than local benefit. The capital
+of the nation should be relieved from every disadvantage which it is
+practicable to remove, and should possess every attraction with which
+it can be invested by the intelligent and fostering care of those
+who are intrusted with its immediate supervision. The people of the
+country will sustain and approve the efforts of their representatives
+in the discharge of this responsibility.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 7, 1880_.
+
+_To the Senate of the United States_:
+
+In reply to a resolution of the Senate of December 3, 1879, requesting
+the President of the United States to inform the Senate whether
+payments have been made to the Ute Indians in accordance with the
+fourth article of an agreement made with said Indians September 3,
+1873, I transmit herewith a letter from the Secretary of the Interior
+and accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _January 12, 1880_.
+
+_To the House of Representatives_:
+
+In answer to resolution of the House of Representatives of the 3d
+of December, 1879, relative to the consulate at Hongkong, I transmit
+herewith a report from the Secretary of State, with its accompanying
+papers.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 14, 1880_.
+
+_To the House of Representatives_:
+
+I have the honor herewith to transmit the final report of the board
+for testing iron, steel, and other metals, with the accompanying
+papers. These papers constitute the remainder of the reports made
+by the board, which were transmitted by me to the House of
+Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,
+Forty-fifth Congress, second session).
+
+The United States testing machine at Watertown Arsenal, constructed
+for the board, is reported as being of great value in the
+determination of data and the solution of problems of interest to the
+people of the whole country, and the special attention of Congress
+is called to the necessity of an appropriation to enable the War
+Department to make use of it. An estimate of $20,000 for the purpose
+was submitted to Congress in the last Book of Estimates (see p. 82),
+and an appropriation of that sum is respectfully recommended.
+
+The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),
+made an appropriation for completing the experiments in testing
+iron, steel, and other metals, and provided that the board should
+be discontinued from and after the expenditure of the amount
+appropriated. In accordance with this legislation, the board ceased to
+exist on the 30th of June, 1879.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 21, 1880_.
+
+_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 French Republic for the settlement of certain claims of the
+citizens of either country against the other.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 26, 1880_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 21st
+instant, requesting the Commissioner of Agriculture to furnish all
+information which he may have in his possession bearing upon the
+culture of the sugar beet, etc., the accompanying letter and report,
+received from the Acting Commissioner of Agriculture for this purpose,
+are herewith transmitted.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 5, 1880_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 3d
+instant, requesting the Commissioner of Agriculture to forward any
+facts or statistics in his office on the subject of forestry not
+heretofore published from his Department, the following report,
+received from the Commissioner, upon this subject is hereby
+transmitted.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 16, 1880_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 5th instant, calling for any information which I may have received
+of the proceedings of the International Polar Congress convened in
+Hamburg, Germany, October 1, 1879, I transmit herewith a report from
+the Secretary of State on the subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 16, 1880_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th of
+January, 1880, calling for information in relation to claims before
+the American-Spanish Claims Commission and the proceedings of the
+commission, I transmit herewith a report from the Secretary of State
+upon the subject.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 24, 1880_.
+
+_To the House of Representatives_:
+
+I herewith transmit a communication from the Attorney-General, with
+reference to the requisite appropriation for the current fiscal year
+for the compensation, of the marshals of the United States, including
+their reimbursement for necessary expenditures in the discharge of
+their official duties.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 25, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a preliminary report and a draft
+of a bill submitted by the Public Lands Commission authorized by the
+act of Congress approved March 3, 1879.
+
+The object of the report and of the bill accompanying it is of such
+importance that I respectfully commend it to the prompt and earnest
+consideration of Congress.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 27, 1880_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th ultimo,
+I transmit herewith a report from the Secretary of State, with
+its papers, relating to the claim of Max. Bromberger against the
+Government of Mexico.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 27, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a view
+to ratification, a treaty between the Government of the United
+States and His Highness Sultan Abdallah, King of Johanna, concerning
+commercial intercourse with that independent East African island,
+concluded at Johanna Town on the 4th day of October, 1879.
+
+For your better understanding of the subject, I transmit also the
+correspondence of Commodore Shufeldt with the Navy Department, which
+accompanied the treaty, describing the condition and resources of the
+island of Johanna and narrating the progress of the negotiation, which
+was undertaken under the general instructions of the Department of
+State.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 1, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I deem it proper to invite the attention of Congress to the subject of
+the unsettled claims of Spanish inhabitants of East Florida during the
+years of 1812 and 1813, generally known as the "East Florida claims,"
+the settlement of which is provided for by a stipulation found in
+Article IX of the treaty of February, 1819, between the United States
+and Spain. The provision of the treaty in question which relates to
+the subject is the following:
+
+ The United States will cause satisfaction to be made for the
+ injuries, if any, which by process of law shall be established
+ to have been suffered by the Spanish officers and individual
+ Spanish inhabitants by the late operations of the American
+ army in Florida.
+
+
+The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at
+Large, p. 768), to carry into effect the ninth article of the treaty
+in question, provided for the examination and judicial ascertainment
+of the claims by the judges of the superior courts established at St.
+Augustine and Pensacola, and also made provision for the payment by
+the Secretary of the Treasury of such claims as might be reported to
+him by the said judges, upon his being satisfied that such claims were
+just and equitable; and a subsequent act, approved the 26th of June,
+1834 (6 U.S. Statutes at Large, p. 569), gave further directions for
+the payment, and also provided for the hearing and determination by
+the judge of the superior court of St. Augustine of such claims as
+had not then been already heard and determined. Under these acts
+of Congress I understand that all claims presented to the judges in
+Florida were passed upon and the result of the proceedings thus had
+reported to the Secretary of the Treasury. It also appears that in
+the computation of damages the judges adopted a rule of 5 per cent per
+annum on the ascertained actual loss from the date of that loss to the
+time of the rendition of their finding, and that the Secretary of the
+Treasury in 1836, when the first reports were presented to him, not
+deeming this portion of the claims covered by the 5 per cent rule
+just and equitable within the meaning of the treaty and the acts of
+Congress, refused to pay it, but did continue to pay the ascertained
+amounts of actual loss. The demand for payment of this rejected
+item has been pressed at various times and in various ways up to the
+present time, but Mr. Woodbury's successors in the Treasury Department
+have not felt at liberty to review that ruling.
+
+Under these circumstances I have thought it proper to lay the subject
+before Congress for its consideration and such action as may be deemed
+necessary. The history of the proceedings already had in regard to the
+matter is of record in the Treasury Department, and will be furnished
+by the Secretary of the Treasury should Congress desire it.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 8, 1880_.
+
+_To the Senate_:
+
+I transmit herewith the report of the Secretary of State and the
+accompanying papers, in response to the resolution adopted by the
+Senate on the 11th day of February last, requesting copies of all
+correspondence between this Government and any foreign government
+since February, 1869, respecting a ship canal across the isthmus
+between North America and South America, together with copies of any
+_projet_ of treaties respecting the same which the Department of State
+may have proposed or submitted since that date to any foreign power or
+its diplomatic representative.
+
+In further compliance with the resolution of the Senate, I deem it
+proper to state briefly my opinion as to the policy of the United
+States with respect to the construction of an interoceanic canal by
+any route across the American Isthmus.
+
+The policy of this country is a canal under American control. The
+United States can not consent to the surrender of this control to any
+European power or to any combination of European powers. If existing
+treaties between the United States and other nations or if the rights
+of sovereignty or property of other nations stand in the way of this
+policy--a contingency which is not apprehended--suitable steps should
+be taken by just and liberal negotiations to promote and establish the
+American policy on this subject consistently with the rights of the
+nations to be affected by it.
+
+The capital invested by corporations or citizens of other countries in
+such an enterprise must in a great degree look for protection to
+one or more of the great powers of the world. No European power
+can intervene for such protection without adopting measures on this
+continent which the United States would deem wholly inadmissible. If
+the protection of the United States is relied upon, the United States
+must exercise such control as will enable this country to protect
+its national interests and maintain the rights of those whose private
+capital is embarked in the work.
+
+An interoceanic canal across the American Isthmus will essentially
+change the geographical relations between the Atlantic and Pacific
+coasts of the United States and between the United States and the rest
+of the world. It would be the great ocean thoroughfare between our
+Atlantic and our Pacific shores, and virtually a part of the coast
+line of the United States. Our merely commercial interest in it is
+greater than that of all other countries, while its relations to our
+power and prosperity as a nation, to our means of defense, our unity,
+peace, and safety, are matters of paramount concern to the people
+of the United States. No other great power would under similar
+circumstances fail to assert a rightful control over a work so closely
+and vitally affecting its interest and welfare.
+
+Without urging further the grounds of my opinion, I repeat, in
+conclusion, that it is the right and the duty of the United States
+to assert and maintain such supervision and authority over any
+interoceanic canal across the isthmus that connects North and South
+America as will protect our national interests. This, I am quite sure,
+will be found not only compatible with but promotive of the widest and
+most permanent advantage to commerce and civilization.
+
+RUTHERFORD B. HAYES.
+
+[A similar message was sent to the House of Representatives, in answer
+to a resolution of that body of February 10.]
+
+
+
+EXECUTIVE MANSION, _March 9, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a report from the Secretary
+of the Interior, containing an agreement signed by the chiefs and
+headmen of the Ute Indians now present at the seat of Government. The
+stipulations of this agreement appear to me so reasonable and just and
+the object to be accomplished by its execution so eminently desirable
+to both the white people of the United States and the Indians that it
+has my cordial approval, and I earnestly commend it to Congress for
+favorable consideration and appropriate legislative action.
+
+RUTHERFORD B. HAYES.
+
+
+
+WASHINGTON, _March 9, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a
+view to ratification, a convention between the United States and His
+Majesty the King of the Belgians, defining the rights, immunities, and
+privileges of consular officers, concluded this day at Washington.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 9, 1880_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report, dated on the 9th instant, from the
+Secretary of State, with the accompanying papers, in answer to
+a resolution of the House of Representatives of the 25th ultimo,
+requesting the President to transmit to that body, if not deemed
+incompatible with the public interest, copies of such dispatches
+as have recently been received by the Secretary of State from the
+consul-general at Shanghai upon the subject of slavery in China and
+those portions of the penal code of China which forbid expatriation.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 12, 1880_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of March 2,
+1880, requesting the Secretary of State to communicate to the House
+certain information in relation to the publication and circulation of
+commercial reports, I transmit herewith a report from the Secretary of
+State, with its accompanying papers.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _March 29, 1880_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 29th of
+January, 1880, calling for information in relation to the awards of
+the mixed commission organized under the provisions of the treaty of
+April 25, 1866, between the United States and Venezuela, I transmit
+herewith a report from the Secretary of State upon the subject.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _April 12, 1880_.
+
+_To the House of Representatives_:
+
+In response to the resolution of the House of Representatives of the
+12th of February last, on the subject of negotiations concerning the
+immigration of Chinese to the United States, I transmit a report of
+the Secretary of State, to whom the matter was referred.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _April 15, 1880_.
+
+_To the Senate of the United States_:
+
+In response to the resolution of the Senate of the 27th of February
+last, concerning the action had by the Executive with respect to the
+investigation of certain cases in which awards were made by the late
+United States and Mexican Commission, I transmit herewith a report of
+the Secretary of State, to whom the matter was referred.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, D.C., April 16, 1880_.
+
+_To the House of Representatives_:
+
+The board for testing iron, steel, and other metals, appointed under
+the authority of "An act making appropriations for sundry civil
+expenses of the Government for the fiscal year ending June 30, 1876,
+and for other purposes," contracted with Mr. A.H. Emery, of New York,
+for a testing machine, to be paid out of the appropriation made for
+the purpose. That machine has been completed and accepted, and is now
+in position at the Watertown Arsenal, Mass. It is spoken of by the
+members composing the late board as the most perfect and reliable
+machine in the world, embodying new mechanical principles and
+combinations not heretofore used in any other constructions.
+
+In designing, perfecting, and making this machine the contractor
+has expended large sums of money over and above the contract
+price, besides giving years of labor, for which he has received no
+compensation. He now appeals to Congress for relief, and the papers
+herewith exhibit a case that calls for Congressional action. It is
+respectfully submitted to the House of Representatives, recommending
+speedy and favorable consideration.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _April 22, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to inform Congress that Mr. J. Randolph Coolidge,
+Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
+Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,
+jr., desire to present to the United States the desk on which the
+Declaration of Independence was written. It bears the following
+inscription in the handwriting of Thomas Jefferson:
+
+ Thomas Jefferson gives this writing desk to Joseph Coolidge,
+ jr., as a memorial of his affection. It was made from
+ a drawing of his own, by Ben. Randall, cabinetmaker of
+ Philadelphia, with whom he first lodged on his arrival in that
+ city in May, 1776, and is the identical one on which he wrote
+ the Declaration of Independence.
+
+ Politics, as well as religion, has its superstitions. These,
+ gaining strength with time, may one day give imaginary value
+ to this relic for its association with the birth of the great
+ charter of our independence.
+
+ Monticello, _November 18, 1825_.
+
+
+The desk was placed in my possession by Hon. Robert C. Winthrop, and
+is herewith transmitted to Congress with the letter of Mr. Winthrop
+expressing the wish of the donors "to offer it to the United States,
+so that it may henceforth have a place in the Department of State in
+connection with the immortal instrument which was written upon it in
+1776."
+
+I respectfully recommend that such action be taken by Congress as
+may be deemed appropriate with reference to a gift to the nation
+so precious in its history and for the memorable associations which
+belong to it.
+
+RUTHERFORD B. HAYES.
+
+
+
+WASHINGTON, D.C., _April 14, 1880_.
+
+His Excellency RUTHERFORD B. HAYES,
+ _President of the United States_.
+
+MY DEAR SIR: I have been privileged to bring with me from Boston, as a
+present to the United States, a very precious historical relic. It is
+the little desk on which Mr. Jefferson wrote the original draft of the
+Declaration of Independence.
+
+This desk was given by Mr. Jefferson himself to my friend, the late
+Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's
+granddaughter, Miss Randolph, and it bears an autograph inscription
+of singular interest, written by the illustrious author of the
+Declaration in the very last year of his life.
+
+On the recent death of Mr. Coolidge, whose wife had died a year or
+two previously, the desk became the property of their children, Mr.
+J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson
+Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to
+the United States, so that it may henceforth have a place in the
+Department of State in connection with the immortal instrument which
+was written upon it in 1776.
+
+They have done me the honor to make me the medium of this
+distinguished gift, and I ask permission to place it in the hands of
+the Chief Magistrate of the nation in their name and at their request.
+
+Believe me, dear Mr. President, with the highest respect, very
+faithfully, your obedient servant,
+
+ROBT. C. WINTHROP.
+
+
+
+WASHINGTON, _May 13, 1880_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, in response to their resolution of
+the 24th of March last, in relation to the fulfillment of the ninth
+article of the treaty of 1819 between the United States and Spain, a
+report of the Secretary of State on the correspondence asked for by
+the resolution, with its accompanying documents, and in connection
+therewith a previous report from the Secretary of State and an opinion
+of the Attorney-General on the subject of the East Florida claims.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _May 17, 1880_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+the 27th ultimo, calling for copies of the correspondence with the
+Government of Great Britain in regard to the alleged outrage upon
+American fishermen at Fortune Bay, in the Province of Newfoundland,
+I transmit herewith the correspondence called for and a report from
+the Secretary of State on the subject.
+
+In transmitting this correspondence and the report I respectfully
+ask the immediate and careful attention of Congress to the failure
+of accord between the two Governments as to the interpretation and
+execution of the fishery articles of the treaty of Washington, as
+disclosed in this correspondence and elucidated by the exposition of
+the subject by the Secretary of State.
+
+I concur in the opinions of this report as to the measures proper to
+be taken by this Government in maintenance of the rights accorded to
+our fishermen by the British concession of the treaty and in providing
+for suitable action toward securing an indemnity for the injury these
+interests have already suffered.
+
+Accordingly, I recommend to Congress the adoption of these measures,
+with such attendant details of legislation as in the wisdom of
+Congress shall seem expedient.
+
+R.B. HAYES.
+
+[The same message was sent to the Senate, in answer to a resolution of
+that body of April 28.]
+
+
+
+WASHINGTON, _May 24, 1880_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, the accompanying convention for the extradition of
+criminals, concluded between the United States and the Government of
+His Majesty the King of the Netherlands on the 22d instant.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _May 25, 1880_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to transmit herewith a communication from the
+Secretary of the Interior, with reference to the agreement made with
+the chiefs of the Ute Indians recently in Washington, a copy of which
+was submitted to Congress on the 9th of March last.
+
+The special and immediate attention of Congress to the imminent danger
+attending the postponement of appropriate legislation to carry into
+effect the stipulations of this agreement is earnestly solicited.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 5, 1880_.
+
+_To the Senate of the United States_:
+
+In response to a resolution of the Senate of the 31st ultimo,
+requesting the President "to communicate to the Senate whether any
+supervisor or supervisors of the census appointed by and with the
+advice and consent of the Senate have been removed from office by
+him or with his consent," etc., I transmit herewith a report from the
+Secretary of the Interior.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGES.
+
+
+EXECUTIVE MANSION, _May 4, 1880_.
+
+_To the House of Representatives_:
+
+After mature consideration of the bill entitled "An act making
+appropriations to supply certain deficiencies in the appropriations
+for the service of the Government for the fiscal year ending June
+30, 1880, and for other purposes," I return it to the House of
+Representatives, in which it originated, with my objections to its
+passage.
+
+The bill appropriates about $8,000,000, of which over $600,000 is for
+the payment of the fees of United States marshals and of the general
+and special deputy marshals earned during the current fiscal year,
+and their incidental expenses. The appropriations made in the bill are
+needed to carry on the operations of the Government and to fulfill its
+obligations for the payment of money long since due to its officers
+for services and expenses essential to the execution of their
+duties under the laws of the United States. The necessity for these
+appropriations is so urgent and they have been already so long
+delayed that if the bill before me contained no permanent or general
+legislation unconnected with these appropriations it would receive
+my prompt approval. It contains, however, provisions which materially
+change, and by implication repeal, important parts of the laws for the
+regulation of the United States elections. These laws have for several
+years past been the subject of vehement political controversy, and
+have been denounced as unnecessary, oppressive, and unconstitutional.
+On the other hand, it has been maintained with equal zeal and
+earnestness that the election laws are indispensable to fair and
+lawful elections, and are clearly warranted by the Constitution.
+Under these circumstances, to attempt in an appropriation bill the
+modification or repeal of these laws is to annex a condition to the
+passage of needed and proper appropriations, which tends to deprive
+the Executive of that equal and independent exercise of discretion and
+judgment which the Constitution contemplates.
+
+The objection to the bill, therefore, to which I respectfully ask your
+attention is that it gives a marked and deliberate sanction, attended
+by no circumstances of pressing necessity, to the questionable and,
+as I am clearly of opinion, the dangerous practice of tacking upon
+appropriation bills general and permanent legislation. This practice
+opens a wide door to hasty, inconsiderate, and sinister legislation.
+It invites attacks upon the independence and constitutional powers of
+the Executive by providing an easy and effective way of constraining
+Executive discretion. Although of late this practice has been resorted
+to by all political parties when clothed with power, it did not
+prevail until forty years after the adoption of the Constitution, and
+it is confidently believed that it is condemned by the enlightened
+judgment of the country. The States which have adopted new
+constitutions during the last quarter of a century have generally
+provided remedies for the evil. Many of them have enacted that no law
+shall contain more than one subject, which shall be plainly expressed
+in its title. The constitutions of more than half of the States
+contain substantially this provision, or some other of like intent and
+meaning. The public welfare will be promoted in many ways by a return
+to the early practice of the Government and to the true rule of
+legislation, which is that every measure should stand upon its own
+merits.
+
+I am firmly convinced that appropriation bills ought not to contain
+any legislation not relevant to the application or expenditure of the
+money thereby appropriated, and that by a strict adherence to this
+principle an important and much needed reform will be accomplished.
+
+Placing my objection to the bill on this feature of its frame,
+I forbear any comment upon the important general and permanent
+legislation which it contains, as matter for specific and independent
+consideration.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _June 15, 1880_.
+
+_To the Senate of the United States_:
+
+After mature consideration of the bill entitled "An act regulating the
+pay and appointment of deputy marshals," I am constrained to withhold
+from it my approval, and to return it to the Senate, in which it
+originated, with my objections to its passage.
+
+The laws now in force on the subject of the bill before me are
+contained in the following sections of the Revised Statutes:
+
+ SEC. 2021. Whenever an election at which Representatives or
+ Delegates in Congress are to be chosen is held in any city
+ or town of 20,000 inhabitants or upward, the marshal for the
+ district in which the city or town is situated shall, on the
+ application in writing of at least two citizens residing in
+ such city or town, appoint special deputy marshals, whose
+ duty it shall be, when required thereto, to aid and assist
+ the supervisors of election in the verification of any list
+ of persons who may have registered or voted; to attend in each
+ election district or voting precinct at the times and places
+ fixed for the registration of voters, and at all times
+ or places when and where the registration may by law be
+ scrutinized and the names of registered voters be marked
+ for challenge; and also to attend, at all times for holding
+ elections, the polls in such district or precinct.
+
+ SEC. 2022. The marshal and his general deputies, and such
+ special deputies, shall keep the peace and support and protect
+ the supervisors of election in the discharge of their duties,
+ preserve order at such places of registration and at such
+ polls, prevent fraudulent registration and fraudulent voting
+ thereat, or fraudulent conduct on the part of any officer of
+ election, and immediately, either at the place of registration
+ or polling place, or elsewhere, and either before or after
+ registering or voting, to arrest and take into custody, with
+ or without process, any person who commits, or attempts or
+ offers to commit, any of the acts or offenses prohibited
+ herein, or who commits any offense against the laws of the
+ United States; but no person shall be arrested without process
+ for any offense not committed in the presence of the marshal
+ or his general or special deputies, or either of them, or of
+ the supervisors of election, or either of them; and for
+ the purposes of arrest or the preservation of the peace the
+ supervisors of election shall, in the absence of the marshal's
+ deputies, or if required to assist such deputies, have the
+ same duties and powers as deputy marshals; nor shall any
+ person, on the day of such election, be arrested without
+ process for any offense committed on the day of registration.
+
+ SEC. 2023. Whenever any arrest is made under any provision of
+ this title, the person so arrested shall forthwith be brought
+ before a commissioner, judge, or court of the United States
+ for examination of the offenses alleged against him; and such
+ commissioner, judge, or court shall proceed in respect thereto
+ as authorized by law in case of crimes against the United
+ States.
+
+ SEC. 2024. The marshal or his general deputies, or such
+ special deputies as are thereto specially empowered by him in
+ writing, and under his hand and seal, whenever he or either
+ or any of them is forcibly resisted in executing their duties
+ under this title, or shall by violence, threats, or menaces
+ be prevented from executing such duties or from arresting any
+ person who has committed any offense for which the marshal
+ or his general or his special deputies are authorized to make
+ such arrest, are, and each of them is, empowered to summon
+ and call to his aid the bystanders or _posse comitatus_ of his
+ district.
+
+ SEC. 2028. No person shall be appointed a supervisor of
+ election or a deputy marshal under the preceding provisions
+ who is not at the time of his appointment a qualified voter of
+ the city, town, county, parish, election district, or voting
+ precinct in which his duties are to be performed.
+
+ SEC. 5521. If any person be appointed a supervisor of election
+ or a special deputy marshal under the provisions of title "The
+ elective franchise," and has taken the oath of office as such
+ supervisor of election or such special deputy marshal, and
+ thereafter neglects or refuses, without good and lawful
+ excuse, to perform and discharge fully the duties,
+ obligations, and requirements of such office until the
+ expiration of the term for which he was appointed, he shall
+ not only be subject to removal from office with loss of all
+ pay or emoluments, but shall be punished by imprisonment for
+ not less than six months nor more than one year, or by a fine
+ of not less than $200 and not more than $500, or by both fine
+ and imprisonment, and shall pay the costs of prosecution.
+
+ SEC. 5522. Every person, whether with or without any
+ authority, power, or process, or pretended authority, power,
+ or process, of any State, Territory, or municipality, who
+ obstructs, hinders, assaults, or by bribery, solicitation,
+ or otherwise interferes with or prevents the supervisors of
+ election, or either of them, or the marshal or his general or
+ special deputies, or either of them, in the performance of any
+ duty required of them, or either of them, or which he or they,
+ or either of them, may be authorized to perform by any law of
+ the United States, in the execution of process or otherwise,
+ or who by any of the means before mentioned hinders or
+ prevents the free attendance and presence at such places of
+ registration, or at such polls of election, or full and free
+ access and egress to and from any such place of registration
+ or poll of election, or in going to and from any such place
+ of registration or poll of election, or to and from any room
+ where any such registration or election or canvass of votes,
+ or of making any returns or certificates thereof, may be had,
+ or who molests, interferes with, removes, or ejects from
+ any such place of registration or poll of election, or
+ of canvassing votes cast thereat, or of making returns or
+ certificates thereof, any supervisor of election, the marshal
+ or his general or special deputies, or either of them, or
+ who threatens, or attempts or offers so to do, or refuses or
+ neglects to aid and assist any supervisor of election, or the
+ marshal or his general or special deputies, or either of them,
+ in the performance of his or their duties, when required
+ by him or them, or either of them, to give such aid and
+ assistance, shall be liable to instant arrest without process,
+ and shall be punished by imprisonment not more than two years,
+ or by a fine of not more than $3,000, or by both such fine and
+ imprisonment, and shall pay the cost of the prosecution.
+
+
+The Supreme Court of the United States, in the recent case of _Ex
+parte_ Siebold and others, decided at the October term, 1879, on
+the question raised in the case as to the constitutionality of the
+sections of the Revised Statutes above quoted, uses the following
+language:
+
+ These portions of the Revised Statutes are taken from the act
+ commonly known as the enforcement act, approved May 31, 1870,
+ and entitled "An act to enforce the right of citizens of the
+ United States to vote in the several States of this Union,
+ and for other purposes," and from the supplement to that
+ act, approved February 28, 1871. They relate to elections of
+ members of the House of Representatives, and were an assertion
+ on the part of Congress of a power to pass laws for regulating
+ and superintending said elections and for securing the purity
+ thereof and the rights of citizens to vote thereat peaceably
+ and without molestation.
+
+ It must be conceded to be a most important power, and of a
+ fundamental character. In the light of recent history and of
+ the violence, fraud, corruption, and irregularity which have
+ frequently prevailed at such elections, it may easily be
+ conceived that the exertion of the power, if it exists, may be
+ necessary to the stability of our form of government.
+
+ The greatest difficulty in coming to a just conclusion arises
+ from mistaken notions with regard to the relations which
+ subsist between the State and National Governments. * * *
+
+ It seems to be often overlooked that a national constitution
+ has been adopted in this country, establishing a real
+ government therein, operating upon persons and territory and
+ things, and which, moreover, is, or should be, as dear to
+ every American citizen as his State government is. Whenever
+ the true conception of the nature of this Government is
+ once conceded, no real difficulty will arise in the just
+ interpretation of its powers; but if we allow ourselves to
+ regard it as a hostile organization, opposed to the proper
+ sovereignty and dignity of the State governments, we shall
+ continue to be vexed with difficulties as to its jurisdiction
+ and authority. No greater jealousy is required to be exercised
+ toward this Government in reference to the preservation of
+ our liberties than is proper to be exercised toward the State
+ governments. Its powers are limited in number and clearly
+ defined, and its action within the scope of those powers is
+ restrained by a sufficiently rigid bill of rights for the
+ protection of its citizens from oppression. The true interests
+ of the people of this country require that both the National
+ and State Governments should be allowed, without jealous
+ interference on either side, to exercise all the powers which
+ respectively belong to them according to a fair and practical
+ construction of the Constitution. State rights and the rights
+ of the United States should be equally respected. Both
+ are essential to the preservation of our liberties and
+ the perpetuity of our institutions. But in endeavoring to
+ vindicate the one we should not allow our zeal to nullify or
+ impair the other. * * *
+
+ The true doctrine, as we conceive, is this, that while the
+ States are really sovereign as to all matters which have not
+ been granted to the jurisdiction and control of the United
+ States, the Constitution and constitutional laws of the latter
+ are, as we have already said, the supreme law of the land,
+ and when they conflict with the laws of the States they are
+ of paramount authority and obligation. This is the fundamental
+ principle on which the authority of the Constitution is based,
+ and unless it be conceded in practice as well as theory the
+ fabric of our institutions, as it was contemplated by its
+ founders, can not stand. The questions involved have respect
+ not more to the autonomy and existence of the States than to
+ the continued existence of the United States as a government
+ to which every American citizen may look for security and
+ protection in every part of the land. * * *
+
+ Why do we have marshals at all if they can not physically lay
+ their hands on persons and things in the performance of their
+ proper duties? What functions can they perform if they can not
+ use force? In executing the process of the courts must they
+ call on the nearest constable for protection? Must they rely
+ on him to use the requisite compulsion and to keep the peace
+ while they are soliciting and entreating the parties and
+ bystanders to allow the law to take its course? This is the
+ necessary consequence of the positions that are assumed. If
+ we indulge in such impracticable views as these, and keep
+ on refining and re-refining, we shall drive the National
+ Government out of the United States and relegate it to the
+ District of Columbia, or perhaps to some foreign soil. We
+ shall bring it back to a condition of greater helplessness
+ than that of the old Confederation.
+
+ The argument is based on a strained and impracticable view
+ of the nature and powers of the National Government. It must
+ execute its powers or it is no government. It must execute
+ them on the land as well as on the sea, on things as well as
+ on persons. And to do this it must necessarily have power to
+ command obedience, preserve order, and keep the peace; and
+ no person or power in this land has the right to resist or
+ question its authority so long as it keeps within the bounds
+ of its jurisdiction.
+
+
+I have deemed it fitting and proper to quote thus largely from an
+important and elaborate opinion of the Supreme Court because the bill
+before me proceeds upon a construction of the Constitution as to the
+powers of the National Government which is in direct conflict with the
+judgment of the highest judicial tribunal of our country.
+
+Under the sections of the present law above quoted officers of the
+United States are authorized, and it is their duty in the case of
+Congressional elections, to keep the peace at the polls and at the
+places of registration; to arrest immediately any person who is guilty
+of crimes against the United States election laws; to protect all
+officers of elections in the performance of their duties; and
+whenever an arrest is made to bring the person so arrested before a
+commissioner, judge, or court of the United States for examination of
+the offenses alleged against him. "Such special deputy marshals as are
+specially empowered thereto by the marshal in writing," if forcibly
+resisted, may call to their aid the bystanders or _posse comitatus_.
+It is made a crime punishable with fine or imprisonment to hinder,
+assault, or otherwise interfere with the marshal or "his special
+deputies," or to threaten or to attempt so to do. If any person
+appointed such special deputy marshal has taken the oath of office and
+thereafter neglects or refuses to fully discharge the duties of such
+office, he is punishable not only by removal from office, but by fine
+and imprisonment. The functions of the special deputy marshals
+now provided for by law being executive, they are placed under the
+authority of the well-known chief executive officer of the courts
+of the United States. They are in fact, and not merely in name, the
+deputies of the marshal, and he and his bondsmen are responsible for
+them. A civil force for the execution of the law is thus instituted in
+accordance with long-established and familiar usage, which is simple,
+effective, and under a responsible head. The necessity for the
+possession of these powers by appropriate officers will not be called
+in question by intelligent citizens who appreciate the importance of
+peaceable, orderly, and lawful elections. Similar powers are conferred
+and exercised under State laws with respect to State elections. The
+executive officers of the United States under the existing laws have
+no other or greater power to supervise and control the conduct of the
+Congressional elections than the State executive officers exercise in
+regard to State elections.
+
+The bill before me changes completely the present law by substituting
+for the special deputy marshals of the existing statutes new officers
+hitherto unknown to the law, and who lack the power, responsibility,
+and protection which are essential to enable them to act efficiently
+as executive officers.
+
+The bill under consideration is as follows:
+
+ _Be it enacted by the Senate and House of Representatives of
+ the United States of America in Congress assembled_, That
+ from and after the passage of this act the pay of all deputy
+ marshals for services in reference to any election shall be $5
+ for each day of actual service, and no more.
+
+ SEC. 2. That all deputy marshals to serve in reference to any
+ election shall be appointed by the circuit court of the United
+ States for the district in which such marshals are to perform
+ their duties in each year; and the judges of the several
+ circuit courts of the United States are hereby authorized to
+ open their respective courts at any time for that purpose; and
+ in case the circuit courts shall not be open for that purpose
+ at least ten days prior to a registration, if there be one,
+ or, if no registration be required, then at least ten days
+ before such election, the judges of the district courts of
+ the United States are hereby respectively authorized to cause
+ their courts to be opened for the purpose of appointing such
+ deputy marshals, who shall be appointed by the said district
+ courts; and the officers so appointed shall be in equal
+ numbers from the different political parties, and shall be
+ well-known citizens, of good moral character, and actual
+ residents of the voting precincts in which their duties are
+ to be performed, and shall not be candidates for any office
+ at such election; and all laws and parts of laws inconsistent
+ with this act are hereby repealed: _Provided_, That the
+ marshals of the United States for whom deputies shall be
+ appointed by the court under this act shall not be liable for
+ any of the acts of such deputies.
+
+
+It will be observed that the deputy marshals proposed by the bill
+before me are distinctly different officers from the special deputies
+of the marshal, as such officers are now provided for in the statutes.
+This bill does not connect the new officers with the existing laws
+relating to special deputy marshals so as to invest the proposed
+deputy marshals with the same powers, to impose upon them the same
+duties, and to give them the same protection by means of the criminal
+laws. When new officers are created, distinct in character and
+appointed by different authority, although similar in name to
+officers already provided for, such officers are not held by similar
+responsibilities to the criminal law, do not possess the same powers,
+and are not similarly protected unless it is expressly so provided by
+legislation.
+
+The so-called deputy marshals provided for in this bill will have no
+executive head. The marshal can neither appoint nor remove them. He
+can not control them, and he is not responsible for them. They will
+have no authority to call to their aid, if resisted, the _posse
+comitatus_. They are protected by no criminal statutes in the
+performance of their duties. An assault upon one of these deputies
+with the intent to prevent a lawful election will be no more than an
+ordinary assault upon any other citizen. They can not keep the peace.
+They can not make arrests when crimes are committed in their presence.
+Whatever powers they have are confined to the precincts in which they
+reside. Outside of the precincts for which they are appointed the
+deputy marshals of this bill can not keep the peace, make arrests,
+hold prisoners, take prisoners before a proper tribunal for hearing,
+nor perform any other duty. No oaths of office are required of them,
+and they give no bond. They have no superior who is responsible for
+them, and they are not punishable for neglect of duty or misconduct in
+office. In all these respects this bill makes a radical change between
+the powers of the United States officers at national elections and the
+powers uniformly possessed and exercised by State officers at State
+elections. This discrimination against the authority of the United
+States is a departure from the usage of the Government established by
+precedents beginning with the earliest statutes on the subject, and
+violates the true principles of the Constitution. The Supreme Court,
+in the decision already referred to, says:
+
+ It is argued that the preservation of peace and good order in
+ society is not within the powers confided to the Government of
+ the United States, but belongs exclusively to the States. Here
+ again we are met with the theory that the Government of the
+ United States does not rest upon the soil and territory of
+ the country. We think that this theory is founded on an entire
+ misconception of the nature and powers of that Government.
+ We hold it to be an incontrovertible principle that the
+ Government of the United States may, by means of physical
+ force, exercised through its official agents, execute on every
+ foot of American soil the powers and functions that belong to
+ it. This necessarily involves the power to command obedience
+ to its laws, and hence the power to keep the peace to that
+ extent.
+
+ This power to enforce its laws and to execute its functions
+ in all places does not derogate from the power of the State to
+ execute its laws at the same time and in the same places. The
+ one does not exclude the other, except where both can not
+ be executed at the same time. In that case the words of the
+ Constitution itself show which is to yield. "This Constitution
+ and all laws which shall be made in pursuance thereof * * *
+ shall be the supreme law of the land."
+
+
+In conclusion it is proper to say that no objection would be made to
+the appointment of officers to act with reference to the elections by
+the courts of the United States, and that I am in favor of appointing
+officers to supervise and protect the elections without regard to
+party; but the bill before me, while it recognizes the power and duty
+of the United States to provide officers to guard and scrutinize the
+Congressional elections, fails to adapt its provisions to the existing
+laws so as to secure efficient supervision and protection. It is
+therefore returned to the Senate, in which it originated, for that
+further consideration which is contemplated by the Constitution.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have within the territory and jurisdiction of the United States begun
+and set on foot preparations for an organized and forcible possession
+of and settlement upon the lands of what is known as the Indian
+Territory, west of the State of Arkansas, which Territory is
+designated, recognized, and described by the treaties and laws of the
+United States and by the executive authorities as Indian country, and
+as such is only subject to occupation by Indian tribes, officers of
+the Indian Department, military posts, and such persons as may be
+privileged to reside and trade therein under the intercourse laws of
+the United States; and
+
+Whereas those laws provide for the removal of all persons residing and
+trading therein without express permission of the Indian Department
+and agents, and also of all persons whom such agents may deem to be
+improper persons to reside in the Indian country; and
+
+Whereas, in aid and support of such organized movement, it has been
+represented that no further action will be taken by the Government to
+prevent persons from going into said territory and settling therein,
+but such representations are wholly without authority:
+
+Now, therefore, for the purpose of properly protecting the interests
+of the Indian nations and tribes, as well as of the United States, in
+said Indian Territory, and of duly enforcing the laws governing the
+same, I, Rutherford B. Hayes, President of the United States, do
+admonish and warn all such persons so intending or preparing to remove
+upon said lands or into said Territory without permission of the
+proper agent of the Indian Department against any attempt to so remove
+or settle upon any of the lands of said Territory; and I do further
+warn and notify any and all such persons who may so offend that they
+will be speedily and immediately removed therefrom by the agent,
+according to the laws made and provided, and that no efforts will be
+spared to prevent the invasion of said Territory, rumors spread
+by evil-disposed persons to the contrary notwithstanding; and if
+necessary the aid and assistance of the military forces of the United
+States will be invoked to carry into proper execution the laws of the
+United States herein referred to.
+
+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 February, A.D. 1880,
+and of the Independence of the United States the one hundred and
+fourth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+At no period in their history since the United States became a nation
+has this people had so abundant and so universal reasons for joy and
+gratitude at the favor of Almighty God or been subject to so profound
+an obligation to give thanks for His loving kindness and humbly to
+implore His continued care and protection.
+
+Health, wealth, and prosperity throughout all our borders; peace,
+honor, and friendship with all the world; firm and faithful adherence
+by the great body of our population to the principles of liberty and
+justice which have made our greatness as a nation, and to the wise
+institutions and strong frame of government and society which will
+perpetuate it--for all these let the thanks of a happy and united
+people, as with one voice, ascend in devout homage to the Giver of All
+Good.
+
+I therefore recommend that on Thursday, the 25th 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 1st day of November, A.D. 1880,
+and of the Independence of the United States the one hundred and
+fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas satisfactory evidence has been given to me by the Government
+of His Majesty the Emperor of China that no discriminating duties of
+tonnage or imposts are imposed or levied in the ports of that nation
+upon vessels wholly belonging to citizens of the United States, or
+upon the produce, manufactures, or merchandise imported in the same:
+
+Therefore, I, Rutherford B. Hayes, President of the United States of
+America, by virtue of the authority in me vested by law, do hereby
+declare and proclaim that the foreign discriminating duties of tonnage
+and impost within the United States are and shall be suspended and
+discontinued so far as respects the vessels of China and the produce,
+manufactures, and merchandise imported therein into the United
+States from China, or from any other foreign country, so long as
+the exemption aforesaid on the part of China of vessels belonging to
+citizens of the United States and their cargoes shall be continued and
+no longer.
+
+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 23d day of November, A.D. 1880,
+and of the Independence of the United States of America the one
+hundred and fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+[From the Evening Star, Washington, D.C., May 27, 1880.]
+
+EXECUTIVE MANSION, _Washington, D.C., May 27, 1880_.
+
+DEAR SIR:[41] I am directed by the President to say that the several
+Departments of the Government will be closed on Saturday, the 29th
+instant, in remembrance of those who fell in defense of the nation,
+and to enable the employees to participate in the commemorative
+ceremonies of the day.
+
+Very respectfully, your obedient servant,
+
+ W.K. ROGERS,
+ _Private Secretary_.
+
+[Footnote 41: Addressed to the heads of the Executive Departments, etc.]
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+EXECUTIVE MANSION, _December 6, 1880_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+I congratulate you on the continued and increasing prosperity of our
+country. By the favor of Divine Providence we have been blessed during
+the past year with health, with abundant harvests, with profitable
+employment for all our people, and with contentment at home, and
+with peace and friendship with other nations. The occurrence of
+the twenty-fourth election of Chief Magistrate has afforded another
+opportunity to the people of the United States to exhibit to the world
+a significant example of the peaceful and safe transmission of the
+power and authority of government from the public servants whose terms
+of office are about to expire to their newly chosen successors. This
+example can not fail to impress profoundly thoughtful people of other
+countries with the advantages which republican institutions afford.
+The immediate, general, and cheerful acquiescence of all good citizens
+in the result of the election gives gratifying assurance to our
+country and to its friends throughout the world that a government
+based on the free consent of an intelligent and patriotic people
+possesses elements of strength, stability, and permanency not found in
+any other form of government.
+
+Continued opposition to the full and free enjoyment of the rights of
+citizenship conferred upon the colored people by the recent amendments
+to the Constitution still prevails in several of the late slaveholding
+States. It has, perhaps, not been manifested in the recent election to
+any large extent in acts of violence or intimidation. It has, however,
+by fraudulent practices in connection with the ballots, with the
+regulations as to the places and manner of voting, and with counting,
+returning, and canvassing the votes cast, been successful in defeating
+the exercise of the right preservative of all rights--the right
+of suffrage--which the Constitution expressly confers upon our
+enfranchised citizens.
+
+It is the desire of the good people of the whole country that
+sectionalism as a factor in our politics should disappear. They prefer
+that no section of the country should be united in solid opposition
+to any other section. The disposition to refuse a prompt and hearty
+obedience to the equal-rights amendments to the Constitution is all
+that now stands in the way of a complete obliteration of sectional
+lines in our political contests. As long as either of these amendments
+is flagrantly violated or disregarded, it is safe to assume that
+the people who placed them in the Constitution, as embodying the
+legitimate results of the war for the Union, and who believe them to
+be wise and necessary, will continue to act together and to insist
+that they shall be obeyed. The paramount question still is as to the
+enjoyment of the right by every American citizen who has the requisite
+qualifications to freely cast his vote and to have it honestly
+counted. With this question rightly settled, the country will be
+relieved of the contentions of the past; bygones will indeed be
+bygones, and political and party issues, with respect to economy
+and efficiency of administration, internal improvements, the tariff,
+domestic taxation, education, finance, and other important subjects,
+will then receive their full share of attention; but resistance to
+and nullification of the results of the war will unite together in
+resolute purpose for their support all who maintain the authority of
+the Government and the perpetuity of the Union, and who adequately
+appreciate the value of the victory achieved. This determination
+proceeds from no hostile sentiment or feeling to any part of the
+people of our country or to any of their interests. The inviolability
+of the amendments rests upon the fundamental principle of our
+Government. They are the solemn expression of the will of the people
+of the United States.
+
+The sentiment that the constitutional rights of all our citizens must
+be maintained does not grow weaker. It will continue to control the
+Government of the country. Happily, the history of the late election
+shows that in many parts of the country where opposition to the
+fifteenth amendment has heretofore prevailed it is diminishing, and is
+likely to cease altogether if firm and well-considered action is taken
+by Congress. I trust the House of Representatives and the Senate,
+which have the right to judge of the elections, returns, and
+qualifications of their own members, will see to it that every case
+of violation of the letter or spirit of the fifteenth amendment is
+thoroughly investigated, and that no benefit from such violation shall
+accrue to any person or party. It will be the duty of the Executive,
+with sufficient appropriations for the purpose, to prosecute
+unsparingly all who have been engaged in depriving citizens of the
+rights guaranteed to them by the Constitution.
+
+It is not, however, to be forgotten that the best and surest guaranty
+of the primary rights of citizenship is to be found in that capacity
+for self-protection which can belong only to a people whose right to
+universal suffrage is supported by universal education. The means
+at the command of the local and State authorities are in many cases
+wholly inadequate to furnish free instruction to all who need it.
+This is especially true where before emancipation the education of the
+people was neglected or prevented, in the interest of slavery. Firmly
+convinced that the subject of popular education deserves the earnest
+attention of the people of the whole country, with a view to wise
+and comprehensive action by the Government of the United States, I
+respectfully recommend that Congress, by suitable legislation and
+with proper safeguards, supplement the local educational funds in
+the several States where the grave duties and responsibilities of
+citizenship have been devolved on uneducated people by devoting to
+the purpose grants of the public lands and, if necessary, by
+appropriations from the Treasury of the United States. Whatever
+Government can fairly do to promote free popular education ought to be
+done. Wherever general education is found, peace, virtue, and social
+order prevail and civil and religious liberty are secure.
+
+In my former annual messages I have asked the attention of Congress to
+the urgent necessity of a reformation of the civil-service system
+of the Government. My views concerning the dangers of patronage,
+or appointments for personal or partisan considerations, have been
+strengthened by my observation and experience in the Executive office,
+and I believe these dangers threaten the stability of the Government.
+Abuses so serious in their nature can not be permanently tolerated.
+They tend to become more alarming with the enlargement of
+administrative service, as the growth of the country in population
+increases the number of officers and placemen employed.
+
+The reasons are imperative for the adoption of fixed rules for the
+regulation of appointments, promotions, and removals, establishing
+a uniform method having exclusively in view in every instance the
+attainment of the best qualifications for the position in question.
+Such a method alone is consistent with the equal rights of all
+citizens and the most economical and efficient administration of the
+public business.
+
+Competitive examinations in aid of impartial appointments and
+promotions have been conducted for some years past in several of
+the Executive Departments, and by my direction this system has been
+adopted in the custom-houses and post-offices of the larger cities of
+the country. In the city of New York over 2,000 positions in the civil
+service have been subject in their appointments and tenure of place to
+the operation of published rules for this purpose during the past
+two years. The results of these practical trials have been very
+satisfactory, and have confirmed my opinion in favor of this system of
+selection. All are subjected to the same tests, and the result is free
+from prejudice by personal favor or partisan influence. It secures for
+the position applied for the best qualifications attainable among the
+competing applicants. It is an effectual protection from the pressure
+of importunity, which under any other course pursued largely exacts
+the time and attention of appointing officers, to their great
+detriment in the discharge of other official duties, preventing the
+abuse of the service for the mere furtherance of private or party
+purposes, and leaving the employee of the Government, freed from the
+obligations imposed by patronage, to depend solely upon merit for
+retention and advancement, and with this constant incentive to
+exertion and improvement.
+
+These invaluable results have been attained in a high degree in the
+offices where the rules for appointment by competitive examination
+have been applied.
+
+A method which has so approved itself by experimental tests at
+points where such tests may be fairly considered conclusive should be
+extended to all subordinate positions under the Government. I believe
+that a strong and growing public sentiment demands immediate measures
+for securing and enforcing the highest possible efficiency in the
+civil service and its protection from recognized abuses, and that
+the experience referred to has demonstrated the feasibility of such
+measures.
+
+The examinations in the custom-houses and post-offices have been held
+under many embarrassments and without provision for compensation for
+the extra labor performed by the officers who have conducted them, and
+whose commendable interest in the improvement of the public service
+has induced this devotion of time and labor without pecuniary reward.
+A continuance of these labors gratuitously ought not to be expected,
+and without an appropriation by Congress for compensation it is not
+practicable to extend the system of examinations generally throughout
+the civil service. It is also highly important that all such
+examinations should be conducted upon a uniform system and under
+general supervision. Section 1753 of the Revised Statutes authorizes
+the President to prescribe the regulations for admission to the civil
+service of the United States, and for this purpose to employ suitable
+persons to conduct the requisite inquiries with reference to "the
+fitness of each candidate, in respect to age, health, character,
+knowledge, and ability for the branch of service into which he seeks
+to enter;" but the law is practically inoperative for want of the
+requisite appropriation.
+
+I therefore recommend an appropriation of $25,000 per annum to meet
+the expenses of a commission, to be appointed by the President in
+accordance with the terms of this section, whose duty it shall be
+to devise a just, uniform, and efficient system of competitive
+examinations and to supervise the application of the same throughout
+the entire civil service of the Government. I am persuaded that the
+facilities which such a commission will afford for testing the fitness
+of those who apply for office will not only be as welcome a relief
+to members of Congress as it will be to the President and heads of
+Departments, but that it will also greatly tend to remove the causes
+of embarrassment which now inevitably and constantly attend the
+conflicting claims of patronage between the legislative and executive
+departments. The most effectual check upon the pernicious competition
+of influence and official favoritism in the bestowal of office will
+be the substitution of an open competition of merit between the
+applicants, in which everyone can make his own record with the
+assurance that his success will depend upon this alone.
+
+I also recommend such legislation as, while leaving every officer as
+free as any other citizen to express his political opinions and to use
+his means for their advancement, shall also enable him to feel as safe
+as any private citizen in refusing all demands upon his salary for
+political purposes. A law which should thus guarantee true liberty
+and justice to all who are engaged in the public service, and likewise
+contain stringent provisions against the use of official authority
+to coerce the political action of private citizens or of official
+subordinates, is greatly to be desired.
+
+The most serious obstacle, however, to an improvement of the civil
+service, and especially to a reform in the method of appointment and
+removal, has been found to be the practice, under what is known as
+the spoils system, by which the appointing power has been so largely
+encroached upon by members of Congress. The first step in the reform
+of the civil service must be a complete divorce between Congress and
+the Executive in the matter of appointments. The corrupting
+doctrine that "to the victors belong the spoils" is inseparable
+from Congressional patronage as the established rule and practice of
+parties in power. It comes to be understood by applicants for office
+and by the people generally that Representatives and Senators are
+entitled to disburse the patronage of their respective districts and
+States. It is not necessary to recite at length the evils resulting
+from this invasion of the Executive functions. The true principles of
+Government on the subject of appointments to office, as stated in the
+national conventions of the leading parties of the country, have again
+and again been approved by the American people, and have not been
+called in question in any quarter. These authentic expressions of
+public opinion upon this all-important subject are the statement
+of principles that belong to the constitutional structure of the
+Government.
+
+ Under the Constitution the President and heads of Departments
+ are to make nominations for office. The Senate is to advise
+ and consent to appointments, and the House of Representatives
+ is to accuse and prosecute faithless officers. The best
+ interest of the public service demands that these distinctions
+ be respected; that Senators and Representatives, who may
+ be judges and accusers, should not dictate appointments to
+ office.
+
+
+To this end the cooperation of the legislative department of the
+Government is required alike by the necessities of the case and by
+public opinion. Members of Congress will not be relieved from the
+demands made upon them with reference to appointments to office until
+by legislative enactment the pernicious practice is condemned and
+forbidden.
+
+It is therefore recommended that an act be passed defining the
+relations of members of Congress with respect to appointment to office
+by the President; and I also recommend that the provisions of section
+1767 and of the sections following of the Revised Statutes, comprising
+the tenure-of-office act of March 2, 1867, be repealed.
+
+Believing that to reform the system and methods of the civil service
+in our country is one of the highest and most imperative duties
+of statesmanship, and that it can be permanently done only by the
+cooperation of the legislative and executive departments of the
+Government, I again commend the whole subject to your considerate
+attention.
+
+It is the recognized duty and purpose of the people of the United
+States to suppress polygamy where it now exists in our Territories and
+to prevent its extension. Faithful and zealous efforts have been made
+by the United States authorities in Utah to enforce the laws against
+it. Experience has shown that the legislation upon this subject, to be
+effective, requires extensive modification and amendment. The longer
+action is delayed the more difficult it will be to accomplish what
+is desired. Prompt and decided measures are necessary. The Mormon
+sectarian organization which upholds polygamy has the whole power of
+making and executing the local legislation of the Territory. By its
+control of the grand and petit juries it possesses large influence
+over the administration of justice. Exercising, as the heads of this
+sect do, the local political power of the Territory, they are able to
+make effective their hostility to the law of Congress on the subject
+of polygamy, and, in fact, do prevent its enforcement. Polygamy will
+not be abolished if the enforcement of the law depends on those who
+practice and uphold the crime. It can only be suppressed by taking
+away the political power of the sect which encourages and sustains it.
+
+The power of Congress to enact suitable laws to protect the
+Territories is ample. It is not a case for halfway measures. The
+political power of the Mormon sect is increasing. It controls now
+one of our wealthiest and most populous Territories. It is extending
+steadily into other Territories. Wherever it goes it establishes
+polygamy and sectarian political power. The sanctity of marriage and
+the family relation are the corner stone of our American society and
+civilization. Religious liberty and the separation of church and state
+are among the elementary ideas of free institutions. To reestablish
+the interests and principles which polygamy and Mormonism have
+imperiled, and to fully reopen to intelligent and virtuous immigrants
+of all creeds that part of our domain which has been in a great degree
+closed to general immigration by intolerant and immoral institutions,
+it is recommended that the government of the Territory of Utah be
+reorganized.
+
+I recommend that Congress provide for the government of Utah by a
+governor and judges, or commissioners, appointed by the President and
+confirmed by the Senate--a government analogous to the provisional
+government established for the territory northwest of the Ohio by
+the ordinance of 1787. If, however, it is deemed best to continue the
+existing form of local government, I recommend that the right to vote,
+hold office, and sit on juries in the Territory of Utah be confined to
+those who neither practice nor uphold polygamy. If thorough measures
+are adopted, it is believed that within a few years the evils which
+now afflict Utah will be eradicated, and that this Territory will in
+good time become one of the most prosperous and attractive of the new
+States of the Union.
+
+Our relations with all foreign countries have been those of
+undisturbed peace, and have presented no occasion for concern as to
+their continued maintenance.
+
+My anticipation of an early reply from the British Government to the
+demand of indemnity to our fishermen for the injuries suffered by that
+industry at Fortune Bay in January, 1878, which I expressed in my last
+annual message, was disappointed. This answer was received only in the
+latter part of April in the present year, and when received exhibited
+a failure of accord between the two Governments as to the measure of
+the inshore fishing privilege secured to our fishermen by the treaty
+of Washington of so serious a character that I made it the subject of
+a communication to Congress, in which I recommended the adoption of
+the measures which seemed to me proper to be taken by this Government
+in maintenance of the rights accorded to our fishermen under the
+treaty and toward securing an indemnity for the injury these interests
+had suffered. A bill to carry out these recommendations was under
+consideration by the House of Representatives at the time of the
+adjournment of Congress in June last.
+
+Within a few weeks I have received a communication from Her Majesty's
+Government renewing the consideration of the subject, both of the
+indemnity for the injuries at Fortune Bay and of the interpretation
+of the treaty in which the previous correspondence had shown the two
+Governments to be at variance. Upon both these topics the disposition
+toward a friendly agreement is manifested by a recognition of our
+right to an indemnity for the transaction at Fortune Bay, leaving the
+measure of such indemnity to further conference, and by an assent to
+the view of this Government, presented in the previous correspondence,
+that the regulation of conflicting interests of the shore fishery
+of the provincial seacoasts and the vessel fishery of our fishermen
+should be made the subject of conference and concurrent arrangement
+between the two Governments.
+
+I sincerely hope that the basis may be found for a speedy adjustment
+of the very serious divergence of views in the interpretation of
+the fishery clauses of the treaty of Washington, which, as the
+correspondence between the two Governments stood at the close of the
+last session of Congress, seemed to be irreconcilable.
+
+In the important exhibition of arts and industries which was held last
+year at Sydney, New South Wales, as well as in that now in progress
+at Melbourne, the United States have been efficiently and honorably
+represented. The exhibitors from this country at the former place
+received a large number of awards in some of the most considerable
+departments, and the participation of the United States was recognized
+by a special mark of distinction. In the exhibition at Melbourne the
+share taken by our country is no less notable, and an equal degree of
+success is confidently expected.
+
+The state of peace and tranquillity now enjoyed by all the nations
+of the continent of Europe has its favorable influence upon our
+diplomatic and commercial relations with them. We have concluded and
+ratified a convention with the French Republic for the settlement of
+claims of the citizens of either country against the other. Under this
+convention a commission, presided over by a distinguished publicist,
+appointed in pursuance of the request of both nations by His Majesty
+the Emperor of Brazil, has been organized and has begun its sessions
+in this city. A congress to consider means for the protection of
+industrial property has recently been in session in Paris, to which
+I have appointed the ministers of the United States in France and in
+Belgium as delegates. The International Commission upon Weights and
+Measures also continues its work in Paris. I invite your attention to
+the necessity of an appropriation to be made in time to enable
+this Government to comply with its obligations under the metrical
+convention.
+
+Our friendly relations with the German Empire continue without
+interruption. At the recent International Exhibition of Fish
+and Fisheries at Berlin the participation of the United States,
+notwithstanding the haste with which the commission was forced to make
+its preparations, was extremely successful and meritorious, winning
+for private exhibitors numerous awards of a high class and for the
+country at large the principal prize of honor offered by His Majesty
+the Emperor. The results of this great success can not but be
+advantageous to this important and growing industry. There have been
+some questions raised between the two Governments as to the proper
+effect and interpretation of our treaties of naturalization, but
+recent dispatches from our minister at Berlin show that favorable
+progress is making toward an understanding in accordance with the
+views of this Government, which makes and admits no distinction
+whatever between the rights of a native and a naturalized citizen of
+the United States. In practice the complaints of molestation suffered
+by naturalized citizens abroad have never been fewer than at present.
+
+There is nothing of importance to note in our unbroken friendly
+relations with the Governments of Austria-Hungary, Russia, Portugal,
+Sweden and Norway, Switzerland, Turkey, and Greece.
+
+During the last summer several vessels belonging to the merchant
+marine of this country, sailing in neutral waters of the West Indies,
+were fired at, boarded, and searched by an armed cruiser of the
+Spanish Government. The circumstances as reported involve not only a
+private injury to the persons concerned, but also seemed too little
+observant of the friendly relations existing for a century between
+this country and Spain. The wrong was brought to the attention of
+the Spanish Government in a serious protest and remonstrance, and the
+matter is undergoing investigation by the royal authorities with a
+view to such explanation or reparation as may be called for by the
+facts.
+
+The commission sitting in this city for the adjudication of claims of
+our citizens against the Government of Spain is, I hope, approaching
+the termination of its labors.
+
+The claims against the United States under the Florida treaty with
+Spain were submitted to Congress for its action at the late session,
+and I again invite your attention to this long-standing question, with
+a view to a final disposition of the matter.
+
+At the invitation of the Spanish Government, a conference has recently
+been held at the city of Madrid to consider the subject of protection
+by foreign powers of native Moors in the Empire of Morocco. The
+minister of the United States in Spain was directed to take part
+in the deliberations of this conference, the result of which is
+a convention signed on behalf of all the powers represented. The
+instrument will be laid before the Senate for its consideration. The
+Government of the United States has also lost no opportunity to urge
+upon that of the Emperor of Morocco the necessity, in accordance with
+the humane and enlightened spirit of the age, of putting an end to the
+persecutions, which have been so prevalent in that country, of
+persons of a faith other than the Moslem, and especially of the Hebrew
+residents of Morocco.
+
+The consular treaty concluded with Belgium has not yet been officially
+promulgated, owing to the alteration of a word in the text by the
+Senate of the United States, which occasioned a delay, during which
+the time allowed for ratification expired. The Senate will be asked to
+extend the period for ratification.
+
+The attempt to negotiate a treaty of extradition with Denmark failed
+on account of the objection of the Danish Government to the usual
+clause providing that each nation should pay the expense of the arrest
+of the persons whose extradition it asks.
+
+The provision made by Congress at its last session for the expense
+of the commission which had been appointed to enter upon negotiations
+with the Imperial Government of China on subjects of great interest
+to the relations of the two countries enabled the commissioners
+to proceed at once upon their mission. The Imperial Government was
+prepared to give prompt and respectful attention to the matters
+brought under negotiation, and the conferences proceeded with such
+rapidity and success that on the 17th of November last two treaties
+were signed at Peking, one relating to the introduction of Chinese
+into this country and one relating to commerce. Mr. Trescot, one of
+the commissioners, is now on his way home bringing the treaties, and
+it is expected that they will be received in season to be laid before
+the Senate early in January.
+
+Our minister in Japan has negotiated a convention for the reciprocal
+relief of shipwrecked seamen. I take occasion to urge once more
+upon Congress the propriety of making provision for the erection of
+suitable fireproof buildings at the Japanese capital for the use of
+the American legation and the court-house and jail connected with
+it. The Japanese Government, with great generosity and courtesy, has
+offered for this purpose an eligible piece of land.
+
+In my last annual message I invited the attention of Congress to the
+subject of the indemnity funds received some years ago from China and
+Japan. I renew the recommendation then made that whatever portions of
+these funds are due to American citizens should be promptly paid
+and the residue returned to the nations, respectively, to which they
+justly and equitably belong.
+
+The extradition treaty with the Kingdom of the Netherlands, which has
+been for some time in course of negotiation, has during the past year
+been concluded and duly ratified.
+
+Relations of friendship and amity have been established between the
+Government of the United States and that of Roumania. We have sent
+a diplomatic representative to Bucharest, and have received at this
+capital the special envoy who has been charged by His Royal Highness
+Prince Charles to announce the independent sovereignty of Roumania. We
+hope for a speedy development of commercial relations between the two
+countries.
+
+In my last annual message I expressed the hope that the prevalence of
+quiet on the border between this country and Mexico would soon become
+so assured as to justify the modification of the orders then in force
+to our military commanders in regard to crossing the frontier, without
+encouraging such disturbances as would endanger the peace of the two
+countries. Events moved in accordance with these expectations, and the
+orders were accordingly withdrawn, to the entire satisfaction of our
+own citizens and the Mexican Government. Subsequently the peace of the
+border was again disturbed by a savage foray under the command of
+the Chief Victoria, but by the combined and harmonious action of the
+military forces of both countries his band has been broken up and
+substantially destroyed.
+
+There is reason to believe that the obstacles which have so long
+prevented rapid and convenient communication between the United States
+and Mexico by railways are on the point of disappearing, and that
+several important enterprises of this character will soon be set on
+foot, which can not fail to contribute largely to the prosperity of
+both countries.
+
+New envoys from Guatemala, Colombia, Bolivia, Venezuela, and
+Nicaragua have recently arrived at this capital, whose distinction and
+enlightenment afford the best guaranty of the continuance of friendly
+relations between ourselves and these sister Republics.
+
+The relations between this Government and that of the United States of
+Colombia have engaged public attention during the past year, mainly by
+reason of the project of an interoceanic canal across the Isthmus of
+Panama, to be built by private capital under a concession from
+the Colombian Government for that purpose. The treaty obligations
+subsisting between the United States and Colombia, by which we
+guarantee the neutrality of the transit and the sovereignty and
+property of Colombia in the Isthmus, make it necessary that the
+conditions under which so stupendous a change in the region embraced
+in this guaranty should be effected--transforming, as it would, this
+Isthmus from a barrier between the Atlantic and Pacific oceans into a
+gateway and thoroughfare between them for the navies and the merchant
+ships of the world--should receive the approval of this Government, as
+being compatible with the discharge of these obligations on our part
+and consistent with our interests as the principal commercial power
+of the Western Hemisphere. The views which I expressed in a special
+message to Congress in March last in relation to this project I
+deem it my duty again to press upon your attention. Subsequent
+consideration has but confirmed the opinion "that it is the right and
+duty of the United States to assert and maintain such supervision and
+authority over any interoceanic canal across the isthmus that connects
+North and South America as will protect our national interest."
+
+The war between the Republic of Chile on the one hand and the allied
+Republics of Peru and Bolivia on the other still continues. This
+Government has not felt called upon to interfere in a contest that is
+within the belligerent rights of the parties as independent states.
+We have, however, always held ourselves in readiness to aid in
+accommodating their difference, and have at different times reminded
+both belligerents of our willingness to render such service.
+
+Our good offices in this direction were recently accepted by all the
+belligerents, and it was hoped they would prove efficacious; but I
+regret to announce that the measures which the ministers of the United
+States at Santiago and Lima were authorized to take with the view to
+bring about a peace were not successful. In the course of the war some
+questions have arisen affecting neutral rights. In all of these the
+ministers of the United States have, under their instructions, acted
+with promptness and energy in protection of American interests.
+
+The relations of the United States with the Empire of Brazil continue
+to be most cordial, and their commercial intercourse steadily
+increases, to their mutual advantage.
+
+The internal disorders with which the Argentine Republic has for some
+time past been afflicted, and which have more or less influenced its
+external trade, are understood to have been brought to a close. This
+happy result may be expected to redound to the benefit of the foreign
+commerce of that Republic, as well as to the development of its vast
+interior resources.
+
+In Samoa the Government of King Malietoa, under the support and
+recognition of the consular representatives of the United States,
+Great Britain, and Germany, seems to have given peace and tranquillity
+to the islands. While it does not appear desirable to adopt as a whole
+the scheme of tripartite local government which has been proposed, the
+common interests of the three great treaty powers require harmony in
+their relations to the native frame of government, and this may be
+best secured by a simple diplomatic agreement between them. It would
+be well if the consular jurisdiction of our representative at Apia
+were increased in extent and importance so as to guard American
+interests in the surrounding and outlying islands of Oceanica.
+
+The obelisk generously presented by the Khedive of Egypt to the city
+of New York has safely arrived in this country, and will soon be
+erected in that metropolis. A commission for the liquidation of the
+Egyptian debt has lately concluded its work, and this Government, at
+the earnest solicitation of the Khedive, has acceded to the provisions
+adopted by it, which will be laid before Congress for its information.
+A commission for the revision of the judicial code of the
+reform tribunal of Egypt is now in session in Cairo. Mr. Farman,
+consul-general, and J.M. Batchelder, esq., have been appointed as
+commissioners to participate in this work. The organization of the
+reform tribunals will probably be continued for another period of five
+years.
+
+In pursuance of the act passed at the last session of Congress,
+invitations have been extended to foreign maritime states to join in
+a sanitary conference in Washington, beginning the 1st of January. The
+acceptance of this invitation by many prominent powers gives promise
+of success in this important measure, designed to establish a system
+of international notification by which the spread of infectious or
+epidemic diseases may be more effectively checked or prevented. The
+attention of Congress is invited to the necessary appropriations for
+carrying into effect the provisions of the act referred to.
+
+The efforts of the Department of State to enlarge the trade and
+commerce of the United States, through the active agency of consular
+officers and through the dissemination of information obtained from
+them, have been unrelaxed. The interest in these efforts, as developed
+in our commercial communities, and the value of the information
+secured by this means to the trade and manufactures of the country
+were recognized by Congress at its last session, and provision was
+made for the more frequent publication of consular and other reports
+by the Department of State. The first issue of this publication has
+now been prepared, and subsequent issues may regularly be expected.
+The importance and interest attached to the reports of consular
+officers are witnessed by the general demand for them by all classes
+of merchants and manufacturers engaged in our foreign trade. It is
+believed that the system of such publications is deserving of the
+approval of Congress, and that the necessary appropriations for its
+continuance and enlargement will commend itself to your consideration.
+
+The prosperous energies of our domestic industries and their immense
+production of the subjects of foreign commerce invite, and even
+require, an active development of the wishes and interests of
+our people in that direction. Especially important is it that our
+commercial relations with the Atlantic and Pacific coasts of South
+America, with the West Indies and the Gulf of Mexico, should be
+direct, and not through the circuit of European systems, and should
+be carried on in our own bottoms. The full appreciation of the
+opportunities which our front on the Pacific Ocean gives to commerce
+with Japan, China, and the East Indies, with Australia and the island
+groups which lie along these routes of navigation, should inspire
+equal efforts to appropriate to our own shipping and to administer by
+our own capital a due proportion of this trade. Whatever modifications
+of our regulations of trade and navigation may be necessary or useful
+to meet and direct these impulses to the enlargement of our exchanges
+and of our carrying trade I am sure the wisdom of Congress will be
+ready to supply. One initial measure, however, seems to me so clearly
+useful and efficient that I venture to press it upon your earnest
+attention. It seems to be very evident that the provision of regular
+steam postal communication by aid from government has been the
+forerunner of the commercial predominance of Great Britain on all
+these coasts and seas, a greater share in whose trade is now the
+desire and the intent of our people. It is also manifest that the
+efforts of other European nations to contend with Great Britain for a
+share of this commerce have been successful in proportion with their
+adoption of regular steam postal communication with the markets whose
+trade they sought. Mexico and the States of South America are anxious
+to receive such postal communication with this country and to aid in
+their development. Similar cooperation may be looked for in due time
+from the Eastern nations and from Australia. It is difficult to see
+how the lead in this movement can be expected from private interests.
+In respect of foreign commerce quite as much as in internal trade
+postal communication seems necessarily a matter of common and public
+administration, and thus pertaining to Government. I respectfully
+recommend to your prompt attention such just and efficient measures as
+may conduce to the development of our foreign commercial exchanges and
+the building up of our carrying trade.
+
+In this connection I desire also to suggest the very great service
+which might be expected in enlarging and facilitating our commerce on
+the Pacific Ocean were a transmarine cable laid from San Francisco to
+the Sandwich Islands, and thence to Japan at the north and Australia
+at the south. The great influence of such means of communication on
+these routes of navigation in developing and securing the due share of
+our Pacific Coast in the commerce of the world needs no illustration
+or enforcement. It may be that such an enterprise, useful, and in the
+end profitable, as it would prove to private investment, may need to
+be accelerated by prudent legislation by Congress in its aid, and
+I submit the matter to your careful consideration.
+
+An additional and not unimportant, although secondary, reason for
+fostering and enlarging the Navy may be found in the unquestionable
+service to the expansion of our commerce which would be rendered by
+the frequent circulation of naval ships in the seas and ports of all
+quarters of the globe. Ships of the proper construction and equipment
+to be of the greatest efficiency in case of maritime war might be made
+constant and active agents in time of peace in the advancement and
+protection of our foreign trade and in the nurture and discipline of
+young seamen, who would naturally in some numbers mix with and improve
+the crews of our merchant ships. Our merchants at home and abroad
+recognize the value to foreign commerce of an active movement of our
+naval vessels, and the intelligence and patriotic zeal of our naval
+officers in promoting every interest of their countrymen is a just
+subject of national pride.
+
+The condition of the financial affairs of the Government, as shown by
+the report of the Secretary of the Treasury, is very satisfactory. It
+is believed that the present financial situation of the United States,
+whether considered with respect to trade, currency, credit, growing
+wealth, or the extent and variety of our resources, is more favorable
+than that of any other country of our time, and has never been
+surpassed by that of any country at any period of its history. All our
+industries are thriving; the rate of interest is low; new railroads
+are being constructed; a vast immigration is increasing our
+population, capital, and labor; new enterprises in great number are
+in progress, and our commercial relations with other countries are
+improving.
+
+The ordinary revenues from all sources for the fiscal year ended June
+30, 1880, were--
+
+ From customs.......................................... $186,522,064.60
+ From internal revenue.................................. 124,009,373.92
+ From sales of public lands............................... 1,016,506.60
+ From tax on circulation and deposits of national banks... 7,014,971.44
+ From repayment of interest by Pacific Railway companies.. 1,707,367.18
+ From sinking fund for Pacific Railway companies............ 786,621.22
+ From customs fees, fines, penalties, etc................. 1,148,800.16
+ From fees--consular, letters patent, and lands........... 2,337,029.00
+ From proceeds of sales of Government property.............. 282,616.50
+ From profits on coinage, etc............................. 2,792,186.78
+ From revenues of the District of Columbia................ 1,809,469.70
+ From miscellaneous sources............................... 4,099,603.88
+
+ Total ordinary receipts................................ 333,526,610.98
+
+
+The ordinary expenditures for the same period were--
+
+ For civil expenses..................................... $15,693,963.55
+ For foreign intercourse.................................. 1,211,490.58
+ For Indians.............................................. 5,945,457.09
+ For pensions (including $19,341,025.20 arrears of pensions)
+ ........................................................ 56,777,174.44
+ For the military establishment, including river and harbor
+ improvements and arsenals............................... 38,116,916.22
+ For the naval establishment, including vessels, machinery,
+ and improvements at navy-yards.......................... 13,536,984.74
+ For miscellaneous expenditures, including public buildings,
+ light-houses, and collecting the revenue................ 34,535,691.00
+ For expenditures on account of the District of Columbia.. 3,272,384.63
+ For interest on the public debt......................... 95,757,575.11
+ For premium on bonds purchased........................... 2,795,320.42
+
+
+leaving a surplus revenue of $65,883,653.20, which, with an amount
+drawn from the cash balance in Treasury of $8,084,434.21, making
+$73,968,087.41, was applied to the redemption--
+
+ Of bonds for the sinking fund.......................... $73,652,900.00
+ Of fractional currency..................................... 251,717.41
+ Of the loan of 1858......................................... 40,000.00
+ Of temporary loan.............................................. 100.00
+ Of bounty-land scrip............................................ 25.00
+ Of compound-interest notes.................................. 16,500.00
+ Of 7.30 notes of 1864-65..................................... 2,650.00
+ Of one and two year notes.................................... 3,700.00
+ Of old demand notes............................................ 495.00
+
+ Total................................................... 73,968,087.41
+
+
+The amount due the sinking fund for this year was $37,931,643.55.
+There was applied thereto the sum of $73,904,617.41, being
+$35,972,973.86 in excess of the actual requirements for the year.
+
+The aggregate of the revenues from all sources during the fiscal
+year ended June 30, 1880, was $333,526,610.98, an increase over the
+preceding year of $59,699,426.52. The receipts thus far of the current
+year, together with the estimated receipts for the remainder of the
+year, amount to $350,000,000, which will be sufficient to meet the
+estimated expenditures of the year and leave a surplus of $90,000,000.
+
+It is fortunate that this large surplus revenue occurs at a period
+when it may be directly applied to the payment of the public debt soon
+to be redeemable. No public duty has been more constantly cherished
+in the United States than the policy of paying the nation's debt as
+rapidly as possible.
+
+The debt of the United States, less cash in the Treasury and exclusive
+of accruing interest, attained its maximum of $2,756,431,571.43
+in August, 1865, and has since that time been reduced to
+$1,886,019,504.65. Of the principal of the debt, $108,758,100 has been
+paid since March 1, 1877, effecting an annual saving of interest of
+$6,107,593. The burden of interest has also been diminished by the
+sale of bonds bearing a low rate of interest and the application of
+the proceeds to the redemption of bonds bearing a higher rate. The
+annual saving thus secured since March 1, 1877, is $14,290,453.50.
+Within a short period over six hundred millions of 5 and 6 per
+cent bonds will become redeemable. This presents a very favorable
+opportunity not only to further reduce the principal of the debt, but
+also to reduce the rate of interest on that which will remain unpaid.
+I call the attention of Congress to the views expressed on this
+subject by the Secretary of the Treasury in his annual report, and
+recommend prompt legislation to enable the Treasury Department to
+complete the refunding of the debt which is about to mature.
+
+The continuance of specie payments has not been interrupted or
+endangered since the date of resumption. It has contributed greatly
+to the revival of business and to our remarkable prosperity. The fears
+that preceded and accompanied resumption have proved groundless. No
+considerable amount of United States notes have been presented for
+redemption, while very large sums of gold bullion, both domestic and
+imported, are taken to the mints and exchanged for coin or notes. The
+increase of coin and bullion in the United States since January 1,
+1879, is estimated at $227,399,428.
+
+There are still in existence, uncanceled, $346,681,016 of United
+States legal-tender notes. These notes were authorized as a war
+measure, made necessary by the exigencies of the conflict in which
+the United States was then engaged. The preservation of the nation's
+existence required, in the judgment of Congress, an issue of
+legal-tender paper money. That it served well the purpose for which
+it was created is not questioned, but the employment of the notes as
+paper money indefinitely, after the accomplishment of the object for
+which they were provided, was not contemplated by the framers of the
+law under which they were issued. These notes long since became, like
+any other pecuniary obligation of the Government, a debt to be paid,
+and when paid to be canceled as mere evidence of an indebtedness
+no longer existing. I therefore repeat what was said in the annual
+message of last year, that the retirement from circulation of United
+States notes with the capacity of legal tender in private contracts is
+a step to be taken in our progress toward a safe and stable currency
+which should be accepted as the policy and duty of the Government and
+the interest and security of the people.
+
+At the time of the passage of the act now in force requiring the
+coinage of silver dollars, fixing their value, and giving them
+legal-tender character it was believed by many of the supporters of
+the measure that the silver dollar which it authorized would speedily
+become, under the operations of the law, of equivalent value to the
+gold dollar. There were other supporters of the bill, who, while
+they doubted as to the probability of this result, nevertheless were
+willing to give the proposed experiment a fair trial, with a view to
+stop the coinage if experience should prove that the silver dollar
+authorized by the bill continued to be of less commercial value than
+the standard gold dollar.
+
+The coinage of silver dollars under the act referred to began in
+March, 1878, and has been continued as required by the act. The
+average rate per month to the present time has been $2,276,492. The
+total amount coined prior to the 1st of November last was $72,847,750.
+Of this amount $47,084,450 remain in the Treasury, and only
+$25,763,291 are in the hands of the people. A constant effort has been
+made to keep this currency in circulation, and considerable expense
+has been necessarily incurred for this purpose; but its return to the
+Treasury is prompt and sure. Contrary to the confident anticipation of
+the friends of the measure at the time of its adoption, the value
+of the silver dollar containing 412-1/2 grains of silver has
+not increased. During the year prior to the passage of the bill
+authorizing its coinage the market value of the silver which it
+contained was from 90 to 92 cents as compared with the standard gold
+dollar. During the last year the average market value of the silver
+dollar has been 88-1/2 cents.
+
+It is obvious that the legislation of the last Congress in regard to
+silver, so far as it was based on an anticipated rise in the value
+of silver as a result of that legislation, has failed to produce the
+effect then predicted. The longer the law remains in force, requiring,
+as it does, the coinage of a nominal dollar which in reality is not
+a dollar, the greater becomes the danger that this country will be
+forced to accept a single metal as the sole legal standard of value in
+circulation, and this a standard of less value than it purports to be
+worth in the recognized money of the world.
+
+The Constitution of the United States, sound financial principles,
+and our best interests all require that the country should have as its
+legal-tender money both gold and silver coin of an intrinsic value,
+as bullion, equivalent to that which upon its face it purports to
+possess. The Constitution in express terms recognizes both gold and
+silver as the only true legal-tender money. To banish either of these
+metals from our currency is to narrow and limit the circulating medium
+of exchange to the disparagement of important interests. The United
+States produces more silver than any other country, and is directly
+interested in maintaining it as one of the two precious metals which
+furnish the coinage of the world. It will, in my judgment, contribute
+to this result if Congress will repeal so much of existing legislation
+as requires the coinage of silver dollars containing only 412-1/2
+grains of silver, and in its stead will authorize the Secretary of the
+Treasury to coin silver dollars of equivalent value, as bullion, with
+gold dollars. This will defraud no man, and will be in accordance with
+familiar precedents. Congress on several occasions has altered the
+ratio of value between gold and silver, in order to establish it more
+nearly in accordance with the actual ratio of value between the two
+metals.
+
+In financial legislation every measure in the direction of greater
+fidelity in the discharge of pecuniary obligations has been found
+by experience to diminish the rates of interest which debtors are
+required to pay and to increase the facility with which money can
+be obtained for every legitimate purpose. Our own recent financial
+history shows how surely money becomes abundant whenever confidence
+in the exact performance of moneyed obligations is established.
+
+The Secretary of War reports that the expenditures of the
+War Department for the fiscal year ended June 30, 1880, were
+$39,924,773.03. The appropriations for this Department for the current
+fiscal year amount to $41,993,630.40.
+
+With respect to the Army, the Secretary invites attention to the fact
+that its strength is limited by statute (U.S. Revised Statutes,
+sec. 1115) to not more than 30,000 enlisted men, but that provisos
+contained in appropriation bills have limited expenditures to the
+enlistment of but 25,000. It is believed the full legal strength is
+the least possible force at which the present organization can be
+maintained, having in view efficiency, discipline, and economy. While
+the enlistment of this force would add somewhat to the appropriation
+for pay of the Army, the saving made in other respects would be more
+than an equivalent for this additional outlay, and the efficiency of
+the Army would be largely increased.
+
+The rapid extension of the railroad system west of the Mississippi
+River and the great tide of settlers which has flowed in upon new
+territory impose on the military an entire change of policy. The
+maintenance of small posts along wagon and stage routes of travel
+is no longer necessary. Permanent quarters at points selected, of a
+more substantial character than those heretofore constructed, will be
+required. Under existing laws permanent buildings can not be erected
+without the sanction of Congress, and when sales of military sites
+and buildings have been authorized the moneys received have reverted
+to the Treasury and could only become available through a new
+appropriation. It is recommended that provision be made by a general
+statute for the sale of such abandoned military posts and buildings as
+are found to be unnecessary and for the application of the proceeds
+to the construction of other posts. While many of the present posts
+are of but slight value for military purposes, owing to the changed
+condition of the country, their occupation is continued at great
+expense and inconvenience, because they afford the only available
+shelter for troops.
+
+The absence of a large number of officers of the line, in active duty,
+from their regiments is a serious detriment to the maintenance of
+the service. The constant demand for small detachments, each of which
+should be commanded by a commissioned officer, and the various details
+of officers for necessary service away from their commands occasion
+a scarcity in the number required for company duties. With a view to
+lessening this drain to some extent, it is recommended that the law
+authorizing the detail of officers from the active list as professors
+of tactics and military science at certain colleges and universities
+be so amended as to provide that all such details be made from the
+retired list of the Army.
+
+Attention is asked to the necessity of providing by legislation for
+organizing, arming, and disciplining the _active_ militia of the
+country, and liberal appropriations are recommended in this behalf.
+The reports of the Adjutant-General of the Army and the Chief of
+Ordnance touching this subject fully set forth its importance.
+
+The report of the officer in charge of education in the Army shows
+that there are 78 schools now in operation in the Army, with an
+aggregate attendance of 2,305 enlisted men and children. The Secretary
+recommends the enlistment of 150 schoolmasters, with the rank and
+pay of commissary-sergeants. An appropriation is needed to supply the
+judge-advocates of the Army with suitable libraries, and the Secretary
+recommends that the Corps of Judge-Advocates be placed upon the same
+footing as to promotion with the other staff corps of the Army. Under
+existing laws the Bureau of Military Justice consists of one officer
+(the Judge-Advocate-General), and the Corps of Judge-Advocates of
+eight officers of equal rank (majors), with a provision that the
+limit of the corps shall remain at four when reduced by casualty
+or resignation to that number. The consolidation of the Bureau of
+Military Justice and the Corps of Judge-Advocates upon the same
+basis with the other staff corps of the Army would remove an unjust
+discrimination against deserving officers and subserve the best
+interests of the service.
+
+Especial attention is asked to the report of the Chief of Engineers
+upon the condition of our national defenses. From a personal
+inspection of many of the fortifications referred to, the Secretary
+is able to emphasize the recommendations made and to state that their
+incomplete and defenseless condition is discreditable to the country.
+While other nations have been increasing their means for carrying on
+offensive warfare and attacking maritime cities, we have been dormant
+in preparation for defense. Nothing of importance has been done toward
+strengthening and finishing our casemated works since our late civil
+war, during which the great guns of modern warfare and the heavy armor
+of modern fortifications and ships came into use among the nations;
+and our earthworks, left by a sudden failure of appropriations some
+years since in all stages of incompletion, are now being rapidly
+destroyed by the elements.
+
+The two great rivers of the North American continent, the Mississippi
+and the Columbia, have their navigable waters wholly within the limits
+of the United States, and are of vast importance to our internal and
+foreign commerce. The permanency of the important work on the South
+Pass of the Mississippi River seems now to be assured. There has been
+no failure whatever in the maintenance of the maximum channel during
+the six months ended August 9 last. This experiment has opened a
+broad, deep highway to the ocean, and is an improvement upon the
+permanent success of which congratulations may be exchanged among
+people abroad and at home, and especially among the communities of
+the Mississippi Valley, whose commercial exchanges float in an
+unobstructed channel safely to and from the sea.
+
+A comprehensive improvement of the Mississippi and its tributaries is
+a matter of transcendent importance. These great waterways comprise
+a system of inland transportation spread like network over a large
+portion of the United States, and navigable to the extent of many
+thousands of miles. Producers and consumers alike have a common
+interest in such unequaled facilities for cheap transportation.
+Geographically, commercially, and politically, they are the strongest
+tie between the various sections of the country. These channels of
+communication and interchange are the property of the nation.
+Its jurisdiction is paramount over their waters, and the plainest
+principles of public interest require their intelligent and careful
+supervision, with a view to their protection, improvement, and the
+enhancement of their usefulness.
+
+The channel of the Columbia River for a distance of about 100 miles
+from its mouth is obstructed by a succession of bars, which occasion
+serious delays in navigation and heavy expense for lighterage and
+towage. A depth of at least 20 feet at low tide should be secured
+and maintained to meet the requirements of the extensive and growing
+inland and ocean commerce it subserves. The most urgent need, however,
+for this great waterway is a permanent improvement of the channel at
+the mouth of the river.
+
+From Columbia River to San Francisco, a distance of over 600 miles,
+there is no harbor on our Pacific coast which can be approached
+during stormy weather. An appropriation of $150,000 was made by the
+Forty-fifth Congress for the commencement of a breakwater and harbor
+of refuge, to be located at some point between the Straits of Fuca and
+San Francisco at which the necessities of commerce, local and general,
+will be best accommodated. The amount appropriated is thought to be
+quite inadequate for the purpose intended. The cost of the work, when
+finished, will be very great, owing to the want of natural advantages
+for a site at any point on the coast between the designated limits,
+and it has not been thought to be advisable to undertake the work
+without a larger appropriation. I commend the matter to the attention
+of Congress.
+
+The completion of the new building for the War Department is urgently
+needed, and the estimates for continuing its construction are
+especially recommended.
+
+The collections of books, specimens, and records constituting the Army
+Medical Museum and Library are of national importance. The library
+now contains about 51,500 volumes and 57,000 pamphlets relating to
+medicine, surgery, and allied topics. The contents of the Army Medical
+Museum consist of 22,000 specimens, and are unique in the completeness
+with which both military surgery and the diseases of armies are
+illustrated. Their destruction would be an irreparable loss, not only
+to the United States, but to the world. There are filed in the Record
+and Pension Division over 16,000 bound volumes of hospital records,
+together with a great quantity of papers, embracing the original
+records of the hospitals of our armies during the civil war. Aside
+from their historical value, these records are daily searched for
+evidence needed in the settlement of large numbers of pension and
+other claims, for the protection of the Government against attempted
+frauds, as well as for the benefit of honest claimants. These valuable
+collections are now in a building which is peculiarly exposed to the
+danger of destruction by fire. It is therefore earnestly recommended
+that an appropriation be made for a new fireproof building, adequate
+for the present needs and reasonable future expansion of these
+valuable collections. Such a building should be absolutely fireproof;
+no expenditure for mere architectural display is required. It is
+believed that a suitable structure can be erected at a cost not to
+exceed $250,000.
+
+I commend to the attention of Congress the great services of the
+Commander in Chief of our armies during the war for the Union, whose
+wise, firm, and patriotic conduct did so much to bring that momentous
+conflict to a close. The legislation of the United States contains
+many precedents for the recognition of distinguished military merit,
+authorizing rank and emoluments to be conferred for eminent services
+to the country. An act of Congress authorizing the appointment of
+a Captain-General of the Army, with suitable provisions relating to
+compensation, retirement, and other details, would, in my judgment,
+be altogether fitting and proper, and would be warmly approved by the
+country.
+
+The report of the Secretary of the Navy exhibits the successful and
+satisfactory management of that Department during the last fiscal
+year. The total expenditures for the year were $12,916,639.45, leaving
+unexpended at the close of the year $2,141,682.23 of the amount of
+available appropriations. The appropriations for the present fiscal
+year, ending June 30, 1881, are $15,095,061.45, and the total
+estimates for the next fiscal year, ending June 30, 1882, are
+$15,953,751.61. The amount drawn by warrant from July 1, 1880, to
+November 1, 1880, is $5,041,570.45.
+
+The recommendation of the Secretary of the Navy that provision be made
+for the establishment of some form of civil government for the people
+of Alaska is approved. At present there is no protection of persons or
+property in that Territory except such as is afforded by the officers
+of the United States ship _Jamestown_. This vessel was dispatched to
+Sitka because of the fear that without the immediate presence of the
+national authority there was impending danger of anarchy. The steps
+taken to restore order have been accepted in good faith by both white
+and Indian inhabitants, and the necessity for this method of restraint
+does not, in my opinion, now exist. If, however, the _Jamestown_
+should be withdrawn, leaving the people, as at present, without the
+ordinary judicial and administrative authority of organized local
+government, serious consequences might ensue.
+
+The laws provide only for the collection of revenue, the protection of
+public property, and the transmission of the mails. The problem is to
+supply a local rule for a population so scattered and so peculiar in
+its origin and condition. The natives are reported to be teachable and
+self-supporting, and if properly instructed doubtless would advance
+rapidly in civilization, and a new factor of prosperity would be added
+to the national life. I therefore recommend the requisite legislation
+upon this subject.
+
+The Secretary of the Navy has taken steps toward the establishment
+of naval coaling stations at the Isthmus of Panama, to meet the
+requirements of our commercial relations with Central and South
+America, which are rapidly growing in importance. Locations eminently
+suitable, both as regards our naval purposes and the uses of commerce,
+have been selected, one on the east side of the Isthmus, at Chiriqui
+Lagoon, in the Caribbean Sea, and the other on the Pacific coast, at
+the Bay of Golfito. The only safe harbors, sufficiently commodious, on
+the Isthmus are at these points, and the distance between them is less
+than 100 miles. The report of the Secretary of the Navy concludes with
+valuable suggestions with respect to the building up of our merchant
+marine service, which deserve the favorable consideration of Congress.
+
+The report of the Postmaster-General exhibits the continual growth and
+the high state of efficiency of the postal service. The operations
+of no Department of the Government, perhaps, represent with greater
+exactness the increase in the population and the business of the
+country. In 1860 the postal receipts were $8,518,067.40; in 1880 the
+receipts were $33,315,479.34. All the inhabitants of the country are
+directly and personally interested in having proper mail facilities,
+and naturally watch the Post-Office very closely. This careful
+oversight on the part of the people has proved a constant stimulus
+to improvement. During the past year there was an increase of 2,134
+post-offices, and the mail routes were extended 27,177 miles, making
+an additional annual transportation of 10,804,191 miles. The
+revenues of the postal service for the ensuing year are estimated
+at $38,845,174.10, and the expenditures at $42,475,932, leaving a
+deficiency to be appropriated out of the Treasury of $3,630,757.90.
+
+The Universal Postal Union has received the accession of almost all
+the countries and colonies of the world maintaining organized postal
+services, and it is confidently expected that all the other countries
+and colonies now outside the union will soon unite therewith, thus
+realizing the grand idea and aim of the founders of the union of
+forming, for purposes of international mail communication, a single
+postal territory, embracing the world, with complete uniformity
+of postal charges and conditions of international exchange for all
+descriptions of correspondence. To enable the United States to do its
+full share of this great work, additional legislation is asked by the
+Postmaster-General, to whose recommendations especial attention is
+called.
+
+The suggestion of the Postmaster-General that it would be wise to
+encourage, by appropriate legislation, the establishment of American
+lines of steamers by our own citizens to carry the mails between our
+own ports and those of Mexico, Central America, South America, and of
+transpacific countries is commended to the serious consideration of
+Congress.
+
+The attention of Congress is also invited to the suggestions of the
+Postmaster-General in regard to postal savings.
+
+The necessity for additional provision to aid in the transaction of
+the business of the Federal courts becomes each year more apparent.
+The dockets of the Supreme Court and of the circuit courts in the
+greater number of the circuits are encumbered with the constant
+accession of cases. In the former court, and in many instances in
+the circuit courts, years intervene before it is practicable to bring
+cases to hearing.
+
+The Attorney-General recommends the establishment of an intermediate
+court of errors and appeals. It is recommended that the number of
+judges of the circuit court in each circuit, with the exception of the
+second circuit, should be increased by the addition of another
+judge; in the second circuit, that two should be added; and that an
+intermediate appellate court should be formed in each circuit, to
+consist of the circuit judges and the circuit justice, and that in the
+event of the absence of either of these judges the place of the absent
+judge should be supplied by the judge of one of the district courts
+in the circuit. Such an appellate court could be safely invested with
+large jurisdiction, and its decisions would satisfy suitors in many
+cases where appeals would still be allowed to the Supreme Court.
+The expense incurred for this intermediate court will require a
+very moderate increase of the appropriations for the expenses of the
+Department of Justice. This recommendation is commended to the careful
+consideration of Congress.
+
+It is evident that a delay of justice, in many instances oppressive
+and disastrous to suitors, now necessarily occurs in the Federal
+courts, which will in this way be remedied.
+
+The report of the Secretary of the Interior presents an elaborate
+account of the operations of that Department during the past year. It
+gives me great pleasure to say that our Indian affairs appear to be in
+a more hopeful condition now than ever before. The Indians have made
+gratifying progress in agriculture, herding, and mechanical pursuits.
+Many who were a few years ago in hostile conflict with the Government
+are quietly settling down on farms where they hope to make their
+permanent homes, building houses and engaging in the occupations of
+civilized life. The introduction of the freighting business among them
+has been remarkably fruitful of good results, in giving many of
+them congenial and remunerative employment and in stimulating their
+ambition to earn their own support. Their honesty, fidelity, and
+efficiency as carriers are highly praised. The organization of a
+police force of Indians has been equally successful in maintaining law
+and order upon the reservations and in exercising a wholesome moral
+influence among the Indians themselves. I concur with the Secretary
+of the Interior in the recommendation that the pay of this force be
+increased, as an inducement to the best class of young men to enter
+it.
+
+Much care and attention has been devoted to the enlargement of
+educational facilities for the Indians. The means available for this
+important object have been very inadequate. A few additional boarding
+schools at Indian agencies have been established and the erection
+of buildings has been begun for several more; but an increase of the
+appropriations for this interesting undertaking is greatly needed to
+accommodate the large number of Indian children of school age. The
+number offered by their parents from all parts of the country for
+education in the Government schools is much larger than can be
+accommodated with the means at present available for that purpose. The
+number of Indian pupils at the normal school at Hampton, Va., under
+the direction of General Armstrong, has been considerably increased,
+and their progress is highly encouraging. The Indian school
+established by the Interior Department in 1879 at Carlisle, Pa., under
+the direction of Captain Pratt, has been equally successful. It has
+now nearly 200 pupils of both sexes, representing a great variety
+of the tribes east of the Rocky Mountains. The pupils in both these
+institutions receive not only an elementary English education, but
+are also instructed in housework, agriculture, and useful mechanical
+pursuits. A similar school was established this year at Forest Grove,
+Oreg., for the education of Indian youth on the Pacific Coast. In
+addition to this, thirty-six Indian boys and girls were selected
+from the Eastern Cherokees and placed in boarding schools in North
+Carolina, where they are to receive an elementary English education
+and training in industrial pursuits. The interest shown by Indian
+parents, even among the so-called wild tribes, in the education of
+their children is very gratifying, and gives promise that the results
+accomplished by the efforts now making will be of lasting benefit.
+
+The expenses of Indian education have so far been drawn from the
+permanent civilization fund at the disposal of the Department of the
+Interior, but the fund is now so much reduced that the continuance
+of this beneficial work will in the future depend on specific
+appropriations by Congress for the purpose; and I venture to express
+the hope that Congress will not permit institutions so fruitful of
+good results to perish for want of means for their support. On the
+contrary, an increase of the number of such schools appears to me
+highly advisable.
+
+The past year has been unusually free from disturbances among the
+Indian tribes. An agreement has been made with the Utes by which they
+surrender their large reservation in Colorado in consideration of
+an annuity to be paid to them, and agree to settle in severalty
+on certain lands designated for that purpose, as farmers, holding
+individual title to their land in fee-simple, inalienable for a
+certain period. In this way a costly Indian war has been avoided,
+which at one time seemed imminent, and for the first time in the
+history of the country an Indian nation has given up its tribal
+existence to be settled in severalty and to live as individuals under
+the common protection of the laws of the country.
+
+The conduct of the Indians throughout the country during the past
+year, with but few noteworthy exceptions, has been orderly and
+peaceful. The guerrilla warfare carried on for two years by Victoria
+and his band of Southern Apaches has virtually come to an end by the
+death of that chief and most of his followers on Mexican soil. The
+disturbances caused on our northern frontier by Sitting Bull and his
+men, who had taken refuge in the British dominions, are also likely
+to cease. A large majority of his followers have surrendered to our
+military forces, and the remainder are apparently in progress of
+disintegration.
+
+I concur with the Secretary of the Interior in expressing the earnest
+hope that Congress will at this session take favorable action on
+the bill providing for the allotment of lands on the different
+reservations in severalty to the Indians, with patents conferring
+fee-simple title inalienable for a certain period, and the eventual
+disposition of the residue of the reservations for general settlement,
+with the consent and for the benefit of the Indians, placing the
+latter under the equal protection of the laws of the country. This
+measure, together with a vigorous prosecution of our educational
+efforts, will work the most important and effective advance toward the
+solution of the Indian problem, in preparing for the gradual merging
+of our Indian population in the great body of American citizenship.
+
+A large increase is reported in the disposal of public lands for
+settlement during the past year, which marks the prosperous growth of
+our agricultural industry and a vigorous movement of population toward
+our unoccupied lands. As this movement proceeds, the codification
+of our land laws, as well as proper legislation to regulate the
+disposition of public lands, become of more pressing necessity, and I
+therefore invite the consideration of Congress to the report and the
+accompanying draft of a bill made by the Public Lands Commission,
+which were communicated by me to Congress at the last session. Early
+action upon this important subject is highly desirable.
+
+The attention of Congress is again asked to the wasteful depredations
+committed on our public timber lands and the rapid and indiscriminate
+destruction of our forests. The urgent necessity for legislation to
+this end is now generally recognized. In view of the lawless character
+of the depredations committed and the disastrous consequences which
+will inevitably follow their continuance, legislation has again and
+again been recommended to arrest the evil and to preserve for the
+people of our Western States and Territories the timber needed for
+domestic and other essential uses.
+
+The report of the Director of the Geological Survey is a document
+of unusual interest. The consolidation of the various geological and
+geographical surveys and exploring enterprises, each of which has
+heretofore operated upon an independent plan, without concert, can
+not fail to be of great benefit to all those industries of the country
+which depend upon the development of our mineral resources. The labors
+of the scientific men, of recognized merit, who compose the corps
+of the Geological Survey, during the first season of their field
+operations and inquiries, appear to have been very comprehensive,
+and will soon be communicated to Congress in a number of volumes.
+The Director of the Survey recommends that the investigations carried
+on by his bureau, which so far have been confined to the so-called
+public-land States and Territories, be extended over the entire country,
+and that the necessary appropriation be made for this purpose. This
+would be particularly beneficial to the iron, coal, and other mining
+interests of the Mississippi Valley and of the Eastern and Southern
+States. The subject is commended to the careful consideration of
+Congress.
+
+The Secretary of the Interior asks attention to the want of room in
+the public buildings of the capital, now existing and in progress of
+construction, for the accommodation of the clerical force employed and
+of the public records. Necessity has compelled the renting of private
+buildings in different parts of the city for the location of public
+offices, for which a large amount of rent is annually paid, while the
+separation of offices belonging to the same Department impedes the
+transaction of current business. The Secretary suggests that the
+blocks surrounding Lafayette Square on the east, north, and west be
+purchased as the sites for new edifices for the accommodation of the
+Government offices, leaving the square itself intact, and that if such
+buildings were constructed upon a harmonious plan of architecture
+they would add much to the beauty of the national capital, and would,
+together with the Treasury and the new State, Navy, and War Department
+building, form one of the most imposing groups of public edifices in
+the world.
+
+The Commissioner of Agriculture expresses the confident belief that
+his efforts in behalf of the production of our own sugar and tea have
+been encouragingly rewarded. The importance of the results attained
+have attracted marked attention at home and have received the special
+consideration of foreign nations. The successful cultivation of our
+own tea and the manufacture of our own sugar would make a difference
+of many millions of dollars annually in the wealth of the nation.
+
+The report of the Commissioner asks attention particularly to the
+continued prevalence of an infectious and contagious cattle
+disease known and dreaded in Europe and Asia as cattle plague, or
+pleuro-pneumonia. A mild type of this disease in certain sections
+of our country is the occasion of great loss to our farmers and of
+serious disturbance to our trade with Great Britain, which furnishes
+a market for most of our live stock and dressed meats. The value of
+neat cattle exported from the United States for the eight months ended
+August 31, 1880, was more than $12,000,000, and nearly double the
+value for the same period in 1879--an unexampled increase of export
+trade. Your early attention is solicited to this important matter.
+
+The Commissioner of Education reports a continued increase of public
+interest in educational affairs, and that the public schools generally
+throughout the country are well sustained. Industrial training
+is attracting deserved attention, and colleges for instruction,
+theoretical and practical, in agriculture and mechanic arts, including
+the Government schools recently established for the instruction
+of Indian youth, are gaining steadily in public estimation. The
+Commissioner asks special attention to the depredations committed on
+the lands reserved for the future support of public instruction, and
+to the very great need of help from the nation for schools in the
+Territories and in the Southern States. The recommendation heretofore
+made is repeated and urged, that an educational fund be set apart from
+the net proceeds of the sales of the public lands annually, the
+income of which and the remainder of the net annual proceeds to
+be distributed on some satisfactory plan to the States and the
+Territories and the District of Columbia.
+
+The success of the public schools of the District of Columbia, and
+the progress made, under the intelligent direction of the board
+of education and the superintendent, in supplying the educational
+requirements of the District with thoroughly trained and efficient
+teachers, is very gratifying. The acts of Congress, from time to time,
+donating public lands to the several States and Territories in aid
+of educational interests have proved to be wise measures of public
+policy, resulting in great and lasting benefit. It would seem to be a
+matter of simple justice to extend the benefits of this legislation,
+the wisdom of which has been so fully vindicated by experience, to the
+District of Columbia.
+
+I again commend the general interests of the District of Columbia
+to the favorable consideration of Congress. The affairs of the
+District, as shown by the report of the Commissioners, are in a very
+satisfactory condition.
+
+In my annual messages heretofore and in my special message of December
+19, 1879, I have urged upon the attention of Congress the necessity of
+reclaiming the marshes of the Potomac adjacent to the capital, and I
+am constrained by its importance to advert again to the subject. These
+flats embrace an area of several hundred acres. They are an impediment
+to the drainage of the city and seriously impair its health. It is
+believed that with this substantial improvement of its river front the
+capital would be in all respects one of the most attractive cities
+in the world. Aside from its permanent population, this city is
+necessarily the place of residence of persons from every section of
+the country engaged in the public service. Many others reside here
+temporarily for the transaction of business with the Government.
+
+It should not be forgotten that the land acquired will probably be
+worth the cost of reclaiming it and that the navigation of the river
+will be greatly improved. I therefore again invite the attention of
+Congress to the importance of prompt provision for this much needed
+and too long delayed improvement.
+
+The water supply of the city is inadequate. In addition to the
+ordinary use throughout the city, the consumption by Government is
+necessarily very great in the navy-yard, arsenal, and the various
+Departments, and a large quantity is required for the proper
+preservation of the numerous parks and the cleansing of sewers. I
+recommend that this subject receive the early attention of Congress,
+and that in making provision for an increased supply such means be
+adopted as will have in view the future growth of the city. Temporary
+expedients for such a purpose can not but be wasteful of money,
+and therefore unwise. A more ample reservoir, with corresponding
+facilities for keeping it filled, should, in my judgment, be
+constructed. I commend again to the attention of Congress the subject
+of the removal from their present location of the depots of the
+several railroads entering the city; and I renew the recommendations
+of my former messages in behalf of the erection of a building for the
+Congressional Library, the completion of the Washington Monument, and
+of liberal appropriations in support of the benevolent, reformatory,
+and penal institutions of the District.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 9, 1880_.
+
+_To the Senate of the United States:_
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for the establishment, on fixed and uniform
+bases, of the exercise of the right of protection in Morocco, and for
+the settlement of certain questions connected therewith, between His
+Excellency the President of the United States of America; His Majesty
+the Emperor of Germany, King of Prussia; His Majesty the Emperor of
+Austria, King of Hungary; His Majesty the King of the Belgians;
+His Majesty the King of Denmark; His Majesty the King of Spain; His
+Excellency the President of the French Republic; Her Majesty the Queen
+of the United Kingdom of Great Britain and Ireland; His Majesty the
+King of Italy; His Majesty the Sultan of Morocco; His Majesty the King
+of the Netherlands; His Majesty the King of Portugal and the Algarves,
+and His Majesty the King of Sweden and Norway, signed at Madrid on the
+3d day of July last.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _December 13, 1880_.
+
+_To the Senate of the United States:_
+
+The accompanying documents, received from the Commissioner of
+Agriculture, are transmitted to the Senate in reply to the resolution
+of the 7th instant, relating to contagious diseases of cattle.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 5, 1881_.
+
+_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 Empire of Japan, providing for the reimbursement of certain
+specified expenses which may be incurred by either country in
+consequence of the shipwreck on its coasts of the vessels of the
+other.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _January 5, 1881_.
+
+_To the Senate of the United States:_
+
+In response to the resolution of the Senate of June 21, 1879, I
+herewith transmit reports[42] received from the Secretary of the
+Interior and the Secretary of War.
+
+R.B. HAYES.
+
+[Footnote 42: Transmitting statements of the number of soldiers and
+civilians killed and wounded, number of Indians killed, value of
+property destroyed, and expenses incurred by the United States in
+certain Indian wars from 1865 to 1879.]
+
+
+
+EXECUTIVE MANSION, _Washington, January 10, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate, two
+treaties[43] signed at Peking on the 17th of November, 1880, by
+the commissioners plenipotentiary of the United States and China,
+respectively, together with a letter of the Secretary of State in
+relation thereto, and accompanying papers.
+
+R.B. HAYES.
+
+[Footnote 43: (1) Regulation of Chinese immigration into the United
+States (2) commercial intercourse and judicial procedure.]
+
+
+
+EXECUTIVE MANSION, _Washington, January 10, 1881_.
+
+_To the House of Representatives_:
+
+I submit herewith, for the information of the House of
+Representatives, copies of correspondence with the Department of State
+relating to an invitation extended by the French Republic to this
+Government to send one or more delegates to represent it at an
+international congress of electricians to be held at Paris on the 15th
+day of September, 1881. It appears from the same correspondence that
+an international exhibition of electricity is to be held at the palace
+of the Champs Elysees, in Paris, from August 15, 1881, to the 15th
+of November following, and it is therefore suggested by the French
+authorities that it might be well to invest the delegates selected to
+take part in the international congress with the additional character
+of commissioners to the international exhibition of electricity.
+
+In view of the important scientific, industrial, and commercial
+interests designed to be promoted by the proposed international
+congress of electricians and exhibition of electricity, I submit the
+subject to your favorable consideration and recommend that a suitable
+appropriation be made to enable this Government to accept the
+foregoing invitation by appointing one or more delegates to attend the
+congress in question.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 18, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I have the honor to submit herewith the report of the Public
+Lands Commission, embracing the history and a codification of the
+public-land laws; and I desire earnestly to invite the attention of
+Congress to this important subject.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, January 20, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate a letter from the Secretary of
+State, with accompanying papers, in relation to the recent effort of
+the Government of the United States to bring about peace between Chile
+and Peru and, Bolivia.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 1, 1881_.
+
+_To the Senate and House of Representatives_:
+
+In compliance with the request of a large number of intelligent
+and benevolent citizens, and believing that it was warranted by the
+extraordinary circumstances of the case, on the 18th day of December,
+1880, I appointed a commission consisting of George Crook and Nelson
+A. Miles, brigadier-generals in the Army; William Stickney, of
+the District of Columbia, and Walter Allen, of Massachusetts,
+and requested them to confer with the Ponca Indians in the Indian
+Territory, and, if in their judgment it was advisable, also with that
+part of the tribe which remained in Dakota, and "to ascertain the
+facts in regard to their removal and present condition so far as was
+necessary to determine the question as to what justice and humanity
+required should be done by the Government of the United States, and to
+report their conclusions and recommendations in the premises."
+
+The commission, in pursuance of these instructions, having visited the
+Ponca Indians at their homes in the Indian Territory and in Dakota
+and made a careful investigation of the subject referred to them, have
+reported their conclusions and recommendations, and I now submit their
+report, together with the testimony taken, for the consideration of
+Congress. A minority report by Mr. Allen is also herewith submitted.
+
+On the 27th of December, 1880, a delegation of Ponca chiefs from the
+Indian Territory presented to the Executive a declaration of their
+wishes, in which they stated that it was their desire "to remain on
+the lands now occupied by the Poncas in the Indian Territory" and "to
+relinquish all their right and interest in the lands formerly owned
+and occupied by the Ponca tribe in the State of Nebraska and the
+Territory of Dakota;" and the declaration sets forth the compensation
+which they will accept for the lands to be surrendered and for the
+injuries done to the tribe by their removal to the Indian Territory.
+This declaration, agreeably to the request of the chiefs making it, is
+herewith transmitted to Congress.
+
+The public attention has frequently been called to the injustice and
+wrong which the Ponca tribe of Indians has suffered at the hands of
+the Government of the United States. This subject was first brought
+before Congress and the country by the Secretary of the Interior in
+his annual report for the year 1877, in which he said:
+
+ The case of the Poncas seems entitled to especial
+ consideration at the hands of Congress. They have always been
+ friendly to the whites. It is said, and, as far as I have been
+ able to learn, truthfully, that no Ponca ever killed a
+ white man. The orders of the Government have always met with
+ obedient compliance at their hands. Their removal from their
+ old homes on the Missouri River was to them a great hardship.
+ They had been born and raised there. They had houses there in
+ which they lived according to their ideas of comfort. Many
+ of them had engaged in agriculture and possessed cattle and
+ agricultural implements. They were very reluctant to leave all
+ this, but when Congress had resolved upon their removal they
+ finally overcame that reluctance and obeyed. Considering
+ their constant good conduct, their obedient spirit, and the
+ sacrifices they have made, they are certainly entitled to
+ more than ordinary care at the hands of the Government, and I
+ urgently recommend that liberal provision be made to aid them
+ in their new settlement.
+
+
+In the same volume the report of E.A. Howard, the agent of the Poncas,
+is published, which contains the following:
+
+ * * * * *
+
+ I am of the opinion that the removal of the Poncas from the
+ northern climate of Dakota to the southern climate of the
+ Indian Territory at the season of the year it was done will
+ prove a mistake, and that a great mortality will surely follow
+ among the people when they shall have been here for a time and
+ become poisoned with the malaria of the climate. Already the
+ effects of the climate may be seen upon them in the _ennui_
+ that seems to have settled upon each and in the large number
+ now sick.
+
+ It is a matter of astonishment to me that the Government
+ should have ordered the removal of the Ponca Indians from
+ Dakota to the Indian Territory without having first made
+ some provision for their settlement and comfort. Before their
+ removal was carried into effect an appropriation should have
+ been made by Congress sufficient to have located them in their
+ new home, by building a comfortable house for the occupancy
+ of every family of the tribe. As the case now is, no
+ appropriation has been made by Congress, except for a sum but
+ little more than sufficient to remove them; no houses have
+ been built for their use, and the result is that these people
+ have been placed on an uncultivated reservation to live in
+ their tents as best they may, and await further legislative
+ action.
+
+ * * * * *
+
+ These Indians claim that the Government had no right to move
+ them from their reservation without first obtaining from them
+ by purchase or treaty the title which they had acquired
+ from the Government, and for which they rendered a valuable
+ consideration. They claim that the date of the settlement of
+ their tribe upon the land composing their old reservation is
+ prehistoric; that they were all born there, and that their
+ ancestors from generations back beyond their knowledge were
+ born and lived upon its soil, and that they finally acquired
+ a complete and perfect title from the Government by a treaty
+ made with the "Great Father" at Washington, which they claim
+ made it as legitimately theirs as is the home of the white man
+ acquired by gift or purchase.
+
+ * * * * *
+
+The subject was again referred to in similar terms in the annual
+report of the Interior Department for 1878, in the reports of the
+Commissioner of Indian Affairs and of the agent for the Poncas, and in
+1879 the Secretary of the Interior said:
+
+ That the Poncas were grievously wronged by their removal from
+ their location on the Missouri River to the Indian Territory,
+ their old reservation having, by a mistake in making the Sioux
+ treaty, been transferred to the Sioux, has been at length and
+ repeatedly set forth in my reports, as well as those of the
+ Commissioner of Indian Affairs. All that could be subsequently
+ done by this Department in the absence of new legislation to
+ repair that wrong and to indemnify them for their losses
+ has been done with more than ordinary solicitude. They were
+ permitted to select a new location for themselves in the
+ Indian Territory, the Quapaw Reserve, to which they had first
+ been taken, being objectionable to them. They chose a tract of
+ country on the Arkansas River and the Salt Fork northwest of
+ the Pawnee Reserve. I visited their new reservation personally
+ to satisfy myself of their condition. The lands they now
+ occupy are among the very best in the Indian Territory in
+ point of fertility, well watered and well timbered, and
+ admirably adapted for agriculture as well as stock raising. In
+ this respect their new reservation is unquestionably superior
+ to that which they left behind them on the Missouri River.
+ Seventy houses have been built by and for them, of far better
+ quality than the miserable huts they formerly occupied in
+ Dakota, and the construction of a larger number is now in
+ progress, so that, as the agent reports, every Ponca family
+ will be comfortably housed before January. A very liberal
+ allowance of agricultural implements and stock cattle has been
+ given them, and if they apply themselves to agricultural work
+ there is no doubt that their condition will soon be far more
+ prosperous than it has ever been before. During the first
+ year after their removal to the Indian Territory they lost
+ a comparatively large number of their people by death, in
+ consequence of the change of climate, which is greatly to
+ be deplored; but their sanitary condition is now very much
+ improved. The death rate among them during the present year
+ has been very low, and the number of cases of sickness
+ is constantly decreasing. It is thought that they are now
+ sufficiently acclimated to be out of danger.
+
+ * * * * *
+
+A committee of the Senate, after a very full investigation of the
+subject, on the 31st of May, 1880, reported their conclusions to the
+Senate, and both the majority and minority of the committee agreed
+that "a great wrong had been done to the Ponca Indians." The majority
+of the committee say:
+
+ * * * * *
+
+ Nothing can strengthen the Government in a just policy to the
+ Indians so much as a demonstration of its willingness to do
+ ample and complete justice whenever it can be shown that it
+ has inflicted a wrong upon a weak and trusting tribe. It is
+ impossible for the United States to hope for any confidence to
+ be reposed in them by the Indians until there shall be shown
+ on their part a readiness to do justice.
+
+
+The minority report is equally explicit as to the duty of the
+Government to repair the wrong done the Poncas. It says:
+
+ * * * * *
+
+ We should be more prompt and anxious because they are weak
+ and we are strong. In my judgment we should be liberal to the
+ verge of lavishness in the expenditure of our money to improve
+ their condition, so that they and all others may know that,
+ although, like all nations and all men, we may do wrong, we
+ are willing to make ample reparation.
+
+
+The report of the commission appointed by me, of which General
+Crook was chairman, and the testimony taken by them and their
+investigations, add very little to what was already contained in the
+official reports of the Secretary of the Interior and the report of
+the Senate committee touching the injustice done to the Poncas by
+their removal to the Indian Territory. Happily, however, the evidence
+reported by the commission and their recommendations point out
+conclusively the true measures of redress which the Government of the
+United States ought now to adopt.
+
+The commission in their conclusions omit to state the important facts
+as to the present condition of the Poncas in the Indian Territory, but
+the evidence they have reported shows clearly and conclusively
+that the Poncas now residing in that Territory, 521 in number, are
+satisfied with their new homes; that they are healthy, comfortable,
+and contented, and that they have freely and firmly decided to adhere
+to the choice announced in their letter of October 25, 1880, and
+in the declaration of December 27, 1880, to remain in the Indian
+Territory and not to return to Dakota.
+
+The evidence reported also shows that the fragment of the Ponca
+tribe--perhaps 150 in number--which is still in Dakota and Nebraska
+prefer to remain on their old reservation.
+
+In view of these facts I am convinced that the recommendations of the
+commission, together with the declaration of the chiefs of December
+last, if substantially followed, will afford a solution of the Ponca
+question which is consistent with the wishes and interests of
+both branches of the tribe, with the settled Indian policy of the
+Government, and, as nearly as is now practicable, with the demands of
+justice.
+
+Our general Indian policy for the future should embrace the following
+leading ideas:
+
+1. The Indians should be prepared for citizenship by giving to their
+young of both sexes that industrial and general education which
+is required to enable them to be self-supporting and capable of
+self-protection in a civilized community.
+
+2. Lands should be allotted to the Indians in severalty, inalienable
+for a certain period.
+
+3. The Indians should have a fair compensation for their lands not
+required for individual allotments, the amount to be invested, with
+suitable safeguards, for their benefit.
+
+4. With these prerequisites secured, the Indians should be
+made citizens and invested with the rights and charged with the
+responsibilities of citizenship.
+
+It is therefore recommended that legislation be adopted in relation to
+the Ponca Indians, authorizing the Secretary of the Interior to secure
+to the individual members of the Ponca tribe, in severalty, sufficient
+land for their support, inalienable for a term of years and until the
+restriction upon alienation may be removed by the President. Ample
+time and opportunity should be given to the members of the tribe
+freely to choose their allotments either on their old or their new
+reservation.
+
+Full compensation should be made for the lands to be relinquished, for
+their losses by the Sioux depredations and by reason of their removal
+to the Indian Territory, the amount not to be less than the sums named
+in the declaration of the chiefs made December 27, 1880.
+
+In short, nothing should be left undone to show to the Indians that
+the Government of the United States regards their rights as equally
+sacred with those of its citizens.
+
+The time has come when the policy should be to place the Indians as
+rapidly as practicable on the same footing with the other permanent
+inhabitants of our country.
+
+I do not undertake to apportion the blame for the injustice done to
+the Poncas. Whether the Executive or Congress or the public is chiefly
+in fault is not now a question of practical importance. As the Chief
+Executive at the time when the wrong was consummated, I am deeply
+sensible that enough of the responsibility for that wrong justly
+attaches to me to make it my particular duty and earnest desire to
+do all I can to give to these injured people that measure of redress
+which is required alike by justice and by humanity.
+
+RUTHERFORD B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 2, 1881_.
+
+_To the House of Representatives_:
+
+I transmit herewith, for consideration and appropriate action by
+Congress, a letter from the Secretary of the Navy, in relation to the
+proposed establishment of naval stations of the United States on the
+American Isthmus. In this paper the current testimony of prominent
+officers of this Government for a long series of years, as to the
+feasibility and necessity of establishing such stations and the great
+advantage to flow therefrom to the naval and commercial interests
+of the United States, is clearly set forth, and the considerations
+adduced can not but commend themselves, I am confident, to the careful
+attention of Congress. Convinced of the wisdom and propriety of the
+suggestions thus presented, I recommend to Congress the appropriation
+of the sum named by the Secretary of the Navy, to be at his disposal
+at once, for expenditure as soon as suitable arrangements can be made
+to the proposed end.
+
+R.B. HAYES.
+
+
+EXECUTIVE MANSION, _February 4, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit a communication from the Secretary of the Navy,
+with reference to the dispatch of a vessel for the relief of the
+_Jeannette_ polar expedition, and commend the recommendations of the
+Secretary to the prompt and favorable action of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 14, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit the final report addressed to me by the
+commissioners appointed under the act of Congress approved July 19,
+1876, authorizing the repavement of that part of Pennsylvania avenue
+lying between the Treasury Department and the Capitol Grounds.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 17, 1881_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Secretary of State, in response to
+the resolution addressed to him by the House of Representatives of the
+31st of January ultimo, on the subject of international action for the
+restoration of silver to full use as money.
+
+The prospect of an early international conference, promising valuable
+results in accordance with the interests of this country, is such that
+I recommend to the immediate attention of Congress an appropriation
+providing for the proper representation of this Government at such
+conference.
+
+R.B. HAYES.
+
+
+
+WASHINGTON, _February 21, 1881_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of 15th of June, 1880,
+requesting the Secretary of State to report to that body at its next
+regular session what changes, if any, of the laws regulating the
+management of the Department of State, or of the divisions and the
+bureaus thereof, are necessary or would be beneficial in promoting the
+efficiency or economy of its administration or management, and also to
+make report concerning the mode of keeping the departmental accounts,
+the checks and safeguards upon expenditures, and the administrative
+or clerical changes for the better which may suggest themselves as
+expedient, I transmit herewith a report from the Secretary of State
+upon the subjects embraced in that resolution so far as they touch the
+Department of State.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 25, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate with a view
+to advising and consenting to the ratification thereof, a convention
+for the extradition of criminals, between the United States of America
+and the United States of Colombia, signed at Bogota on the 3d of
+January, 1881. I also transmit certain correspondence touching the
+negotiation of said convention.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 25, 1881._
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for its consideration with a view
+to ratification in due course, a convention supplementary to the
+consular convention of May 8, 1878, between the United States of
+America and His Majesty the King of Italy, concluded in the city of
+Washington on the 24th of February, 1881.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _February 28, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a copy of proclamation[44] for the convening of an
+extra session of the Senate of the United States at the Capitol, in
+the city of Washington, on the 4th day of March next, at noon.
+
+R.B. HAYES.
+
+[Footnote 44: See pp. 639-640.]
+
+
+
+EXECUTIVE MANSION, _February 28, 1881_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a copy of a letter addressed to the chairman of
+the Civil Service Commission on the 3d of December last, requesting
+to be furnished with a report upon the result in the post-office
+and custom-house in the city of New York of the application of the
+civil-service rules requiring open competitive examinations for
+appointments and promotions, together with the report of Hon. Dorman
+B. Eaton, the chairman of the Commission, in response.
+
+The report presents a very gratifying statement of the results of
+the application of the rules referred to in the two largest and most
+important local offices in the civil service of the Government. The
+subject is one of great importance to the people of the whole country.
+I would commend the suggestions and recommendation of the chairman of
+the Commission to the careful consideration of Congress.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _Washington, February 28, 1881_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the resolution of the Senate of the
+20th ultimo, a report from the Secretary of State, with accompanying
+papers.[45]
+
+R.B. HAYES.
+
+[Footnote 45: Correspondence relative to the sending to the United
+States by foreign governments of criminals, paupers, and insane
+persons.]
+
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the Senate of the United States_:
+
+I have the honor to inform the Senate that Hon. Benjamin Harrison,
+Senator elect from the State of Indiana, has resigned his office as a
+member of the Commission for the Improvement of the Mississippi River,
+and the same has been accepted to take effect March 3, 1881.
+
+R.B. HAYES.
+
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the Senate of the United States_:
+
+I have the honor to inform the Senate that Hon. John Sherman, Senator
+elect from the State of Ohio, has resigned the position of Secretary
+of the Treasury, and that said resignation has been accepted to take
+effect at the close of the present day.
+
+R.B. HAYES.
+
+
+
+
+VETO MESSAGE.
+
+
+EXECUTIVE MANSION, _March 3, 1881_.
+
+_To the House of Representatives_:
+
+Having considered the bill entitled "An act to facilitate the
+refunding of the national debt," I am constrained to return it to the
+House of Representatives, in which it originated, with the following
+statement of my objections to its passage:
+
+The imperative necessity for prompt action and the pressure of public
+duties in this closing week of my term of office compel me to refrain
+from any attempt to make a full and satisfactory presentation of the
+objections to the bill.
+
+The importance of the passage at the present session of Congress of a
+suitable measure for the refunding of the national debt which is
+about to mature is generally recognized. It has been urged upon the
+attention of Congress by the Secretary of the Treasury and in my last
+annual message. If successfully accomplished, it will secure a large
+decrease in the annual interest payment of the nation, and I earnestly
+recommend, if the bill before me shall fail, that another measure for
+this purpose be adopted before the present Congress adjourns.
+
+While, in my opinion, it would be unwise to authorize the Secretary of
+the Treasury, in his discretion, to offer to the public bonds bearing
+3-1/2 per cent interest in aid of refunding, I should not deem it my
+duty to interpose my constitutional objection to the passage of the
+present bill if it did not contain, in its fifth section, provisions
+which, in my judgment, seriously impair the value and tend to the
+destruction of the present national banking system of the country.
+This system has now been in operation almost twenty years. No safer or
+more beneficial banking system was ever established. Its advantages
+as a business are free to all who have the necessary capital. It
+furnishes a currency to the public which for convenience and security
+of the bill holder has probably never been equaled by that of any
+other banking system. Its notes are secured by the deposit with the
+Government of the interest-bearing bonds of the United States.
+
+The section of the bill before me which relates to the national
+banking system, and to which objection is made, is not an essential
+part of a refunding measure. It is as follows:
+
+ SEC. 5. From and after the 1st day of July, 1881, the 3 per
+ cent bonds authorized by the first section of this act shall
+ be the only bonds receivable as security for national-bank
+ circulation or as security for the safe-keeping and prompt
+ payment of the public money deposited with such banks; but
+ when any such bonds deposited for the purposes aforesaid shall
+ be designated for purchase or redemption by the Secretary
+ of the Treasury, the banking association depositing the same
+ shall have the right to substitute other issues of the bonds
+ of the United States in lieu thereof: _Provided_, That no bond
+ upon which interest has ceased shall be accepted or shall be
+ continued on deposit as security for circulation or for
+ the safe-keeping of the public money; and in case bonds so
+ deposited shall not be withdrawn, as provided by law, within
+ thirty days after the interest has ceased thereon, the banking
+ association depositing the same shall be subject to the
+ liabilities and proceedings on the part of the Comptroller
+ provided for in section 5234 of the Revised Statutes of the
+ United States: _And provided further_, That section 4 of the
+ act of June 20, 1874, entitled "An act fixing the amount of
+ United States notes, providing for a redistribution of the
+ national-bank currency, and for other purposes," be, and the
+ same is hereby, repealed, and sections 5159 and 5160 of the
+ Revised Statutes of the United States be, and the same are
+ hereby, reenacted.
+
+
+Under this section it is obvious that no additional banks will
+hereafter be organized, except possibly in a few cities or localities
+where the prevailing rates of interest in ordinary business are
+extremely low. No new banks can be organized and no increase of the
+capital of existing banks can be obtained except by the purchase and
+deposit of 3 per cent bonds. No other bonds of the United States can
+be used for the purpose. The one thousand millions of other bonds
+recently issued by the United States, and bearing a higher rate of
+interest than 3 per cent, and therefore a better security for the bill
+holder, can not after the 1st of July next be received as security
+for bank circulation. This is a radical change in the banking law. It
+takes from the banks the right they have heretofore had under the law
+to purchase and deposit as security for their circulation any of the
+bonds issued by the United States, and deprives the bill holder of the
+best security which the banks are able to give by requiring them
+to deposit bonds having the least value of any bonds issued by the
+Government.
+
+The average rate of taxation of capital employed in banking is more
+than double the rate of taxation upon capital employed in other
+legitimate business. Under these circumstances, to amend the banking
+law so as to deprive the banks of the privilege of securing their
+notes by the most valuable bonds issued by the Government will, it is
+believed, in a large part of the country, be a practical prohibition
+of the organization of new banks and prevent the existing banks from
+enlarging their capital. The national banking system, if continued at
+all, will be a monopoly in the hands of those already engaged in it,
+who may purchase the Government bonds bearing a more favorable rate of
+interest than the 3 per cent bonds prior to next July.
+
+To prevent the further organization of banks is to put in jeopardy the
+whole system, by taking from it that feature which makes it, as it
+now is, a banking system free upon the same terms to all who wish
+to engage in it. Even the existing banks will be in danger of being
+driven from business by the additional disadvantages to which they
+will be subjected by this bill. In short, I can not but regard
+the fifth section of the bill as a step in the direction of the
+destruction of the national banking system.
+
+Our country, after a long period of business depression, has just
+entered upon a career of unexampled prosperity.
+
+The withdrawal of the currency from circulation of the national
+banks, and the enforced winding up of the banks in consequence, would
+inevitably bring serious embarrassment and disaster to the business
+of the country. Banks of issue are essential instruments of modern
+commerce. If the present efficient and admirable system of banking is
+broken down, it will inevitably be followed by a recurrence to other
+and inferior methods of banking. Any measure looking to such a result
+will be a disturbing element in our financial system. It will destroy
+confidence and surely check the growing prosperity of the country.
+
+Believing that a measure for refunding the national debt is not
+necessarily connected with the national banking law, and that any
+refunding act would defeat its own object if it imperiled the national
+banking system or seriously impaired its usefulness, and convinced
+that section 5 of the bill before me would, if it should become a
+law, work great harm, I herewith return the bill to the House of
+Representatives for that further consideration which is provided for
+in the Constitution.
+
+RUTHERFORD B. HAYES.
+
+
+
+
+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, Rutherford B. Hayes, 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.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 28th day of February, A.D. 1881, and of the Independence of the
+United States of America the one hundred and fifth.
+
+R.B. HAYES.
+
+By the President:
+ WM. M. EVARTS,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+EXECUTIVE MANSION, _Washington, February 22, 1881_.
+
+The SECRETARY OF WAR:
+
+In view of the well-known fact that the sale of intoxicating liquors
+in the Army of the United States is the cause of much demoralization
+among both officers and men, and that it gives rise to a large
+proportion of the cases before general and garrison courts-martial,
+involving great expense and serious injury to the service--
+
+_It is therefore directed_, That the Secretary of War take suitable
+steps, as far as practicable consistently with vested rights, to
+prevent the sale of intoxicating liquors as a beverage at the camps,
+forts, and other posts of the Army.
+
+R.B. HAYES.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Messages and Papers of Rutherford B.
+Hayes, by James D. Richardson
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