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diff --git a/13021-0.txt b/13021-0.txt new file mode 100644 index 0000000..540ecd2 --- /dev/null +++ b/13021-0.txt @@ -0,0 +1,11775 @@ +*** 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 *** |