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diff --git a/13021-h/13021-h.htm b/13021-h/13021-h.htm new file mode 100644 index 0000000..311b032 --- /dev/null +++ b/13021-h/13021-h.htm @@ -0,0 +1,13534 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html lang="en"> +<head> +<meta http-equiv="Content-Type" + content="text/html; charset=UTF-8"> +<meta content="pg2html (binary v0.16)" + name="generator"> +<title>The Project Gutenberg eBook of + A Compilation of the Messages and Papers Of The Presidents, + by James D. Richardson +</title> +<style type="text/css"> + <!-- + body { margin-left: 5%; margin-right: 5%; } + p { text-indent: 1em; + margin-top: .75em; + font-size: 100%; + text-align: justify; + margin-bottom: .75em; } + h1,h2,h3,h4,h5,h6 { text-align: center; } + hr { width: 50%; } + hr.full { width: 100%; } + .foot { margin-left: 10%; margin-right: 10%; text-align: justify; text-indent: -3em; font-size: 85%; } + center { padding: 0.8em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; } + td { font-size: 80%; } + // --> +</style> +</head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 13021 ***</div> + +<div style="height: 8em;"><br><br><br><br><br><br><br><br></div> + +<h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS +</h1> +<center><b> + BY JAMES D. RICHARDSON +</b></center> + + +<div style="height: 4em;"><br><br><br><br></div> +<hr> +<h2> + Rutherford B. Hayes +</h2> +<h3> + March 4, 1877, to March 4, 1881 +</h3> +<hr> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + Rutherford B. Hayes +</h2> +<p> + Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822. + His father had died in July, 1822, leaving his mother in modest + circumstances. He attended the common schools, and began early the + study of Latin and Greek with Judge Sherman Finch, of Delaware. + Prepared for college at an academy at Norwalk, Ohio, and at a school + in Middletown, Conn. In the autumn of 1838 entered Kenyon College, + at Gambier, Ohio. Excelled in logic, mental and moral philosophy, + and mathematics, and also made his mark as a debater in the literary + societies. On his graduation, in August, 1842, was awarded the + valedictory oration, with which he won much praise. Soon afterwards + began the study of law in the office of Thomas Sparrow, at Columbus, + Ohio, and then attended a course of law lectures at Harvard + University, entering the law school August 22, 1843, and finishing his + studies there in January, 1845. As a law student he had the advantage + of friendly intercourse with Judge Story and Professor Greenleaf, and + also attended the lectures of Longfellow on literature and of Agassiz + on natural science, pursuing at the same time the study of French and + German. In May, 1845, was admitted to practice in the courts of Ohio + as an attorney and counselor at law. Established himself first at + Lower Sandusky (now Fremont), where in April, 1846, he formed a law + partnership with Ralph P. Buckland, then a Member of Congress. In the + winter of 1849-50 established himself at Cincinnati. His practice at + first being light, continued his studies in law and literature, and + also became identified with various literary societies, among them + the literary club of Cincinnati, where he met Salmon P. Chase, Thomas + Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F. + Force, and others of note. December 30, 1852, married Miss Lucy Ware + Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In + January, 1854, formed a law partnership with H.W. Corwine and William + K. Rogers. In 1856 was nominated for the office of common pleas judge, + but declined. In 1858 was elected city solicitor by the city council + of Cincinnati to fill a vacancy, and in the following year was + elected to the same office at a popular election, but was defeated + for reelection in 1861. After becoming a voter he acted with the Whig + party, voting for Henry Clay in 1844, for General Taylor in 1848, and + for General Scott in 1852. Having from his youth cherished antislavery + feelings, he joined the Republican party as soon as it was organized, + and earnestly advocated the election of Frémont in 1856 and of Lincoln + in 1860. At a great mass meeting held in Cincinnati immediately + after the firing on Fort Sumter was made chairman of a committee on + resolutions. His literary club formed a military company, of which he + was elected captain. June 7, 1861, was appointed by the governor of + Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861, + was appointed by General Rosecrans judge-advocate of the Department + of the Ohio. October 24, 1861, was promoted to the rank of + lieutenant-colonel. In the battle of South Mountain, September 14, + 1862, distinguished himself by gallant conduct in leading a charge and + in holding a position at the head of his troops after being severely + wounded in his left arm. October 24, 1862, was appointed colonel + of the Twenty-third Ohio. In July, 1863, while with the army in + southwestern Virginia, caused an expedition of two regiments and a + section of artillery under his command to be dispatched to Ohio for + the purpose of checking the raid of the Confederate general John + Morgan, and aided materially in preventing the raiders from recrossing + the Ohio River and in compelling Morgan to surrender. In the spring + of 1864 commanded a brigade in General Crook's expedition to cut the + principal lines of communication between Richmond and the Southwest. + Distinguished himself by conspicuous bravery at the head of his + brigade in storming a fortified position on the crest of Cloyd + Mountain. Commanded a brigade in the first battle of Winchester. Took + a creditable part in the engagement at Berryville, and at the second + battle of Winchester, September 19, 1864, performed a feat of great + bravery. Leading an assault upon a battery on an eminence, he found in + his way a morass over 50 yards wide. Being at the head of his brigade, + he plunged in first, and, his horse becoming mired at once, he + dismounted and waded across alone under the enemy's fire. Signaled his + men to come over, and when about 40 had joined him he rushed upon the + battery and captured it after a hand-to-hand fight. At Fishers Hill, + September 22, 1864, being then in command of a division, executed a + brilliant flank movement over mountains and through woods, took many + pieces of artillery, and routed the enemy. At the battle of Cedar + Creek, October 19, 1864, his conduct attracted so much attention that + his commander, General Crook, commended him, saying, "Colonel, from + this day you will be a brigadier-general." The commission reached him + a few days afterwards. March 13, 1865, received the rank of brevet + major-general "for gallant and distinguished services during the + campaign of 1864 in West Virginia, and particularly at the battles of + Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the + field, was nominated for Congress and elected. After the war, returned + to civil life, and took his seat in Congress December 4, 1865. Voted + with his party on questions connected with the reconstruction of the + Southern States; supported a resolution declaring the sacredness of + the public debt and denouncing repudiation, and also one commending + President Johnson for declining to accept presents and condemning the + practice; opposed a resolution favoring an increase of pay of members + of Congress; introduced in a Republican caucus resolutions declaring + that the only mode of obtaining from the States lately in rebellion + irreversible guaranties was by constitutional amendment, and that + an amendment basing representation upon voters instead of population + ought to be acted upon without delay. In August, 1866, was renominated + for Congress by acclamation, and was reelected. Supported the + impeachment of President Johnson. In June, 1867, was nominated for + governor of Ohio, and at the election defeated Judge Allen G. Thurman. + In June, 1869, was again nominated for governor, and at the election + defeated George H. Pendleton. At the expiration of his term as + governor declined to be a candidate for the United States Senate + against John Sherman. In 1872 was again nominated for Congress, but at + the election was defeated. Declined the office of assistant treasurer + of the United States at Cincinnati. In 1873 established his home at + Fremont with the intention of retiring from public life. In 1875 was + again nominated for governor of Ohio, and at the election defeated + William Allen. Was nominated for President of the United States at + the national Republican convention at Cincinnati on June 16, 1876. The + Democrats selected as their candidate Samuel J. Tilden, of New York. + The result of the election became the subject of acrimonious dispute. + Each party charged fraud upon the other, and both parties claimed to + have carried the States of Louisiana, South Carolina, and Florida. + To avoid a deadlock, which might have happened if the canvass of + the electoral votes had been left to the two Houses of Congress + (the Senate having a Republican and the House of Representatives a + Democratic majority), an act, advocated by members of both parties, + was passed to refer all contested cases to a commission composed of + five Senators, five Representatives, and five Justices of the Supreme + Court, the decision of this commission to be final unless set aside + by a concurrent vote of the two Houses of Congress. The commission, + refusing to go behind the certificates of the governors, decided in + each contested case by a vote of 8 to 7 in favor of the Republican + electors, beginning with Florida on February 7, and on March 2 Mr. + Hayes was declared duly elected President of the United States. Was + inaugurated March 5, 1877. At the expiration of his term returned to + his home at Fremont, Ohio. Was the recipient of various distinctions. + The degree of LL.D. was conferred upon him by Kenyon College, Harvard + University, Yale College, and Johns Hopkins University. Was made + senior vice-commander of the Military Order of the Loyal Legion, + commander of the Ohio commandery of the same order, first president + of the Society of the Army of West Virginia, and president of the + Twenty-third Regiment Ohio Volunteers Association. Was president of + the trustees of the John F. Slater education fund; one of the trustees + of the Peabody education fund; president of the National Prison + Reform Association; an active member of the National Conference + of Corrections and Charities; a trustee of the Western Reserve + University, at Cleveland, Ohio, of the Wesleyan University, of + Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the + Ohio State University. He died at Fremont, Ohio, January 17, 1893, and + was buried there. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + INAUGURAL ADDRESS. +</h2> +<p> + FELLOW-CITIZENS: We have assembled to repeat the public ceremonial, + begun by Washington, observed by all my predecessors, and now a + time-honored custom, which marks the commencement of a new term of + the Presidential office. Called to the duties of this great trust, + I proceed, in compliance with usage, to announce some of the leading + principles, on the subjects that now chiefly engage the public + attention, by which it is my desire to be guided in the discharge of + those duties. I shall not undertake to lay down irrevocably principles + or measures of administration, but rather to speak of the motives + which should animate us, and to suggest certain important ends to + be attained in accordance with our institutions and essential to the + welfare of our country. +</p> +<p> + At the outset of the discussions which preceded the recent + Presidential election it seemed to me fitting that I should fully make + known my sentiments in regard to several of the important questions + which then appeared to demand the consideration of the country. + Following the example, and in part adopting the language, of one of my + predecessors, I wish now, when every motive for misrepresentation has + passed away, to repeat what was said before the election, trusting + that my countrymen will candidly weigh and understand it, and that + they will feel assured that the sentiments declared in accepting the + nomination for the Presidency will be the standard of my conduct in + the path before me, charged, as I now am, with the grave and difficult + task of carrying them out in the practical administration of the + Government so far as depends, under the Constitution and laws, on the + Chief Executive of the nation. +</p> +<p> + The permanent pacification of the country upon such principles and + by such measures as will secure the complete protection of all its + citizens in the free enjoyment of all their constitutional rights is + now the one subject in our public affairs which all thoughtful and + patriotic citizens regard as of supreme importance. +</p> +<p> + Many of the calamitous effects of the tremendous revolution which + has passed over the Southern States still remain. The immeasurable + benefits which will surely follow, sooner or later, the hearty and + generous acceptance of the legitimate results of that revolution have + not yet been realized. Difficult and embarrassing questions meet us + at the threshold of this subject. The people of those States are + still impoverished, and the inestimable blessing of wise, honest, + and peaceful local self-government is not fully enjoyed. Whatever + difference of opinion may exist as to the cause of this condition of + things, the fact is clear that in the progress of events the time has + come when such government is the imperative necessity required by all + the varied interests, public and private, of those States. But it must + not be forgotten that only a local government which recognizes and + maintains inviolate the rights of all is a true self-government. +</p> +<p> + With respect to the two distinct races whose peculiar relations to + each other have brought upon us the deplorable complications and + perplexities which exist in those States, it must be a government + which guards the interests of both races carefully and equally. + It must be a government which submits loyally and heartily to the + Constitution and the laws—the laws of the nation and the laws of + the States themselves—accepting and obeying faithfully the whole + Constitution as it is. +</p> +<p> + Resting upon this sure and substantial foundation, the superstructure + of beneficent local governments can be built up, and not otherwise. + In furtherance of such obedience to the letter and the spirit of the + Constitution, and in behalf of all that its attainment implies, all + so-called party interests lose their apparent importance, and party + lines may well be permitted to fade into insignificance. The question + we have to consider for the immediate welfare of those States of the + Union is the question of government or no government; of social order + and all the peaceful industries and the happiness that belong to it, + or a return to barbarism. It is a question in which every citizen of + the nation is deeply interested, and with respect to which we ought + not to be, in a partisan sense, either Republicans or Democrats, but + fellow-citizens and fellow-men, to whom the interests of a common + country and a common humanity are dear. +</p> +<p> + The sweeping revolution of the entire labor system of a large portion + of our country and the advance of 4,000,000 people from a condition + of servitude to that of citizenship, upon an equal footing with their + former masters, could not occur without presenting problems of the + gravest moment, to be dealt with by the emancipated race, by their + former masters, and by the General Government, the author of the + act of emancipation. That it was a wise, just, and providential + act, fraught with good for all concerned, is now generally conceded + throughout the country. That a moral obligation rests upon the + National Government to employ its constitutional power and influence + to establish the rights of the people it has emancipated, and to + protect them in the enjoyment of those rights when they are infringed + or assailed, is also generally admitted. +</p> +<p> + The evils which afflict the Southern States can only be removed or + remedied by the united and harmonious efforts of both races, actuated + by motives of mutual sympathy and regard; and while in duty bound and + fully determined to protect the rights of all by every constitutional + means at the disposal of my Administration, I am sincerely anxious to + use every legitimate influence in favor of honest and efficient + local <i>self</i>-government as the true resource of those States for the + promotion of the contentment and prosperity of their citizens. In + the effort I shall make to accomplish this purpose I ask the cordial + cooperation of all who cherish an interest in the welfare of the + country, trusting that party ties and the prejudice of race will be + freely surrendered in behalf of the great purpose to be accomplished. + In the important work of restoring the South it is not the political + situation alone that merits attention. The material development + of that section of the country has been arrested by the social and + political revolution through which it has passed, and now needs and + deserves the considerate care of the National Government within the + just limits prescribed by the Constitution and wise public economy. +</p> +<p> + But at the basis of all prosperity, for that as well as for every + other part of the country, lies the improvement of the intellectual + and moral condition of the people. Universal suffrage should rest + upon universal education. To this end, liberal and permanent + provision should be made for the support of free schools by the State + governments, and, if need be, supplemented by legitimate aid from + national authority. +</p> +<p> + Let me assure my countrymen of the Southern States that it is my + earnest desire to regard and promote their truest interests—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. +</p> +<p> + 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. +</p> +<p> + The fact that both the great political parties of the country, in + declaring their principles prior to the election, gave a prominent + place to the subject of reform of our civil service, recognizing and + strongly urging its necessity, in terms almost identical in their + specific import with those I have here employed, must be accepted as + a conclusive argument in behalf of these measures. It must be regarded + as the expression of the united voice and will of the whole country + upon this subject, and both political parties are virtually pledged + to give it their unreserved support. +</p> +<p> + The President of the United States of necessity owes his election to + office to the suffrage and zealous labors of a political party, + the members of which cherish with ardor and regard as of essential + importance the principles of their party organization; but he should + strive to be always mindful of the fact that he serves his party best + who serves the country best. +</p> +<p> + In furtherance of the reform we seek, and in other important respects + a change of great importance, I recommend an amendment to the + Constitution prescribing a term of six years for the Presidential + office and forbidding a reelection. +</p> +<p> + With respect to the financial condition of the country, I shall not + attempt an extended history of the embarrassment and prostration which + we have suffered during the past three years. The depression in all + our varied commercial and manufacturing interests throughout the + country, which began in September, 1873, still continues. It is very + gratifying, however, to be able to say that there are indications all + around us of a coming change to prosperous times. +</p> +<p> + Upon the currency question, intimately connected, as it is, with this + topic, I may be permitted to repeat here the statement made in my + letter of acceptance, that in my judgment the feeling of uncertainty + inseparable from an irredeemable paper currency, with its fluctuation + of values, is one of the greatest obstacles to a return to prosperous + times. The only safe paper currency is one which rests upon a coin + basis and is at all times and promptly convertible into coin. +</p> +<p> + I adhere to the views heretofore expressed by me in favor of + Congressional legislation in behalf of an early resumption of specie + payments, and I am satisfied not only that this is wise, but that + the interests, as well as the public sentiment, of the country + imperatively demand it. +</p> +<p> + Passing from these remarks upon the condition of our own country + to consider our relations with other lands, we are reminded by the + international complications abroad, threatening the peace of Europe, + that our traditional rule of noninterference in the affairs of foreign + nations has proved of great value in past times and ought to be + strictly observed. +</p> +<p> + The policy inaugurated by my honored predecessor, President Grant, of + submitting to arbitration grave questions in dispute between ourselves + and foreign powers points to a new, and incomparably the best, + instrumentality for the preservation of peace, and will, as I believe, + become a beneficent example of the course to be pursued in similar + emergencies by other nations. +</p> +<p> + If, unhappily, questions of difference should at any time during the + period of my Administration arise between the United States and any + foreign government, it will certainly be my disposition and my hope to + aid in their settlement in the same peaceful and honorable way, thus + securing to our country the great blessings of peace and mutual good + offices with all the nations of the world. +</p> +<p> + Fellow-citizens, we have reached the close of a political contest + marked by the excitement which usually attends the contests between + great political parties whose members espouse and advocate with + earnest faith their respective creeds. The circumstances were, + perhaps, in no respect extraordinary save in the closeness and the + consequent uncertainty of the result. +</p> +<p> + For the first time in the history of the country it has been deemed + best, in view of the peculiar circumstances of the case, that the + objections and questions in dispute with reference to the counting of + the electoral votes should be referred to the decision of a tribunal + appointed for this purpose. +</p> +<p> + That tribunal—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. +</p> +<p> + The fact that two great political parties have in this way settled a + dispute in regard to which good men differ as to the facts and the + law no less than as to the proper course to be pursued in solving the + question in controversy is an occasion for general rejoicing. +</p> +<p> + Upon one point there is entire unanimity in public sentiment—that + conflicting claims to the Presidency must be amicably and peaceably + adjusted, and that when so adjusted the general acquiescence of the + nation ought surely to follow. +</p> +<p> + It has been reserved for a government of the people, where the right + of suffrage is universal, to give to the world the first example in + history of a great nation, in the midst of the struggle of opposing + parties for power, hushing its party tumults to yield the issue of + the contest to adjustment according to the forms of law. +</p> +<p> + Looking for the guidance of that Divine Hand by which the destinies + of nations and individuals are shaped, I call upon you, Senators, + Representatives, judges, fellow-citizens, here and everywhere, to + unite with me in an earnest effort to secure to our country the + blessings, not only of material prosperity, but of justice, peace, and + union—a union depending not upon the constraint of force, but upon + the loving devotion of a free people; "and that all things may be + so ordered and settled upon the best and surest foundations that + peace and happiness, truth and justice, religion and piety, may be + established among us for all generations." +</p> +<p> + MARCH 5, 1877. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the final adjournment of the Forty-fourth Congress without + making the usual appropriations for the support of the Army for the + fiscal year ending June 30, 1878, presents an extraordinary occasion + requiring the President to exercise the power vested in him by the + Constitution to convene the Houses of Congress in anticipation of the + day fixed by law for their next meeting: +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do, by virtue of the power to this end in me vested by the + Constitution, convene both Houses of Congress to assemble at their + respective chambers at 12 o'clock noon on Monday, the 15th day of + October next, then and there to consider and determine such measures + as in their wisdom their duty and the welfare of the people may seem + to demand. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 5th day of May, A.D. 1877, and of + the Independence of the United States of America the one hundred and + first. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> +<p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided in the Constitution of the United States + that the United States shall protect every State in this Union, + on application of the legislature, or of the executive (when the + legislature can not be convened), against domestic violence; and +</p> +<p> + Whereas the governor of the State of West Virginia has represented + that domestic violence exists in said State at Martinsburg, and at + various other points along the line of the Baltimore and Ohio Railroad + in said State, which the authorities of said State are unable to + suppress; and +</p> +<p> + Whereas the laws of the United States require that in all cases of + insurrection in any State or of obstruction to the laws thereof, + whenever it may be necessary, in the judgment of the President, he + shall forthwith, by proclamation, command such insurgents to disperse + and retire peaceably to their respective abodes within a limited time: +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do hereby admonish all good citizens of the United States and + all persons within the territory and jurisdiction of the United + States against aiding, countenancing, abetting, or taking part in such + unlawful proceedings; and I do hereby warn all persons engaged in or + connected with said domestic violence and obstruction of the laws to + disperse and retire peaceably to their respective abodes on or before + 12 o'clock noon of the 19th day of July instant. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of July, A.D. 1877, and + of the Independence of the United States of America the one hundred + and second. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + F.W. SEWARD,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided in the Constitution of the United States + that the United States shall protect every State in this Union, + on application of the legislature, or of the executive (when the + legislature can not be convened), against domestic violence; and +</p> +<p> + Whereas the governor of the State of Maryland has represented that + domestic violence exists in said State at Cumberland, and along the + line of the Baltimore and Ohio Railroad in said State, which the + authorities of said State are unable to suppress; and +</p> +<p> + Whereas the laws of the United States require that in all cases of + insurrection in any State or of obstruction to the laws thereof, + whenever, in the judgment of the President, it becomes necessary to + use the military forces to suppress such insurrection or obstruction + to the laws, he shall forthwith, by proclamation, command such + insurgents to disperse and retire peaceably to their respective abodes + within a limited time: +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do hereby admonish all good citizens of the United States and + all persons within the territory and jurisdiction of the United + States against aiding, countenancing, abetting, or taking part in such + unlawful proceedings; and I do hereby warn all persons engaged in or + connected with said domestic violence and obstruction of the laws to + disperse and retire peaceably to their respective abodes on or before + noon of the 22d day of July instant. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 21st day of July, A.D. 1877, and + of the Independence of the United States of America the one hundred + and second. +</p> +<p> + [SEAL.] +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> +<p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided in the Constitution of the United States + that the United States shall protect every State in this Union, + on application of the legislature, or of the executive (when the + legislature can not be convened), against domestic violence; and +</p> +<p> + Whereas the governor of the State of Pennsylvania has represented that + domestic violence exists in said State which the authorities of said + State are unable to suppress; and +</p> +<p> + Whereas the laws of the United States require that in all cases of + insurrection in any State or of obstruction to the laws thereof, + whenever, in the judgment of the President, it becomes necessary to + use the military forces to suppress such insurrection or obstruction + to the laws, he shall forthwith, by proclamation, command such + insurgents to disperse and retire peaceably to their respective abodes + within a limited time; +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do hereby admonish all good citizens of the United States and + all persons within the territory and jurisdiction of the United + States against aiding, countenancing, abetting, or taking part in such + unlawful proceedings; and I do hereby warn all persons engaged in or + connected with said domestic violence and obstruction of the laws to + disperse and retire peaceably to their respective abodes on or before + 12 o'clock noon of the 24th day of July instant. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 23d day of July, A.D. 1877, and + of the Independence of the United States of America the one hundred + and second. +</p> +<p> + [SEAL.] +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> +<p> </p> + + +<a name="2H_4_0005"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, May 9, 1877</i>. +</p> +<p> + SIR:<a href="#note-1"><small>1</small></a> The President directs me to say that the several Departments + of the Government will be closed on Wednesday, the 30th instant, to + enable the employees to participate in the decoration of the graves of + the soldiers who fell during the rebellion. +</p> +<p> + I am, sir, your obedient servant, +</p> +<p class="r"> + W.K. ROGERS,<br> <i>Secretary</i>. +</p> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, May 26, 1877</i>. +</p> +<p> +Hon. JOHN SHERMAN,<br> + <i>Secretary of the Treasury</i>. +</p> +<p> + MY DEAR SIR: I have read the partial report of the commission + appointed to examine the New York custom-house. I concur with the + commission in their recommendations. It is my wish that the collection + of the revenues should be free from partisan control, and organized on + a strictly business basis, with the same guaranties for efficiency and + fidelity in the selection of the chief and subordinate officers that + would be required by a prudent merchant. Party leaders should have + no more influence in appointments than other equally respectable + citizens. No assessments for political purposes on officers or + subordinates should be allowed. No useless officer or employee should + be retained. No officer should be required or permitted to take part + in the management of political organizations, caucuses, conventions, + or election campaigns. Their right to vote and to express their + views on public questions, either orally or through the press, is not + denied, provided it does not interfere with the discharge of their + official duties. +</p> +<p> + Respectfully, +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, June 22, 1877</i>, +</p> +<p> + SIR:<a href="#note-2"><small>2</small></a> I desire to call your attention to the following paragraph + in a letter addressed by me to the Secretary of the Treasury on + the conduct to be observed by officers of the General Government in + relation to the elections: +</p> +<p class="q"> + No officer should be required or permitted to take part in the + management of political organizations, caucuses, conventions, + or election campaigns. Their right to vote and to express + their views on public questions, either orally or through the + press, is not denied, provided it does not interfere with + the discharge of their official duties. No assessment for + political purposes on officers or subordinates should be + allowed. +</p> +<p> + This rule is applicable to every department of the civil service. It + should be understood by every officer of the General Government that + he is expected to conform his conduct to its requirements. +</p> +<p> + Very respectfully, +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + + +<p class="r"> + EXECUTIVE MANSION, <i>August 7, 1877</i>. +</p> +<p> + By virtue of authority conferred upon the President of the United + States by the provisions of section 2132, Revised Statutes of the + United States, as follows: +</p> +<p class="q"> + The President is authorized, whenever in his opinion the + public interest may require the same, to prohibit the + introduction of goods, or of any particular article, into + the country belonging to any Indian tribe, and to direct + all licenses to trade with such tribe to be revoked and all + applications therefor to be rejected. No trader to any other + tribe shall, so long as such prohibition may continue, trade + with any Indians of or for the tribe against which such + prohibition is issued— +</p> +<p> + the introduction into the Indian country, for the purpose of sale or + exchange to or with Indians, of any breech-loading firearms, and of + any special ammunition adapted to such arms, and the sale and exchange + to Indians in the Indian country of any such arms or ammunition, is + hereby prohibited; and it is hereby directed that all authority under + any license to trade in such arms or ammunition is hereby revoked. +</p> +<p> + The introduction into the country or district occupied by any tribe of + hostile Indians, for the purpose of sale or exchange to them, of arms + or ammunition of any description, and the sale or exchange thereof to + or with such Indians, is hereby prohibited; and it is hereby directed + that all license to trade in arms or ammunition of any description + with such tribe be revoked. +</p> +<p> + By virtue of section 2150, Revised Statutes, as follows: +</p> +<p class="q"> + The military forces of the United States may be employed in + such manner and under such regulations as the President may + direct— +</p> +<hr> +<p class="q"> + Third. In preventing the introduction of persons and property + into the Indian country contrary to law, which persons and + property shall be proceeded against according to law. +</p> +<hr> +<p> + All military commanders are hereby charged with the duty of assisting + in the execution of the above order and of Executive order of November + 23, 1876,<a href="#note-3"><small>3</small></a> the provisions of which are extended to include all + Indian country within the Territories of Idaho, Utah, and Washington + and the States of Nevada and Oregon. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL SESSION MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>October 15, 1877.</i> +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + The adjournment of the last Congress without making appropriations + for the support of the Army for the present fiscal year has rendered + necessary a suspension of payments to the officers and men of the sums + due them for services rendered after the 30th day of June last. + The Army exists by virtue of statutes which prescribe its numbers, + regulate its organization and employment, and which fix the pay of its + officers and men and declare their right to receive the same at stated + periods. These statutes, however, do not authorize the payment of + the troops in the absence of specific appropriations therefor. The + Constitution has wisely provided that "no money shall be drawn from + the Treasury but in consequence of appropriations made by law;" and + it has also been declared by statute that "no department of the + Government shall expend in any one fiscal year any sum in excess + of appropriations made by Congress for that fiscal year." We have, + therefore, an Army in service, authorized by law and entitled to be + paid, but no funds available for that purpose. +</p> +<p> + It may also be said, as an additional incentive to prompt action by + Congress, that since the commencement of the fiscal year the Army, + though without pay, has been constantly and actively employed in + arduous and dangerous service, in the performance of which both + officers and men have discharged their duty with fidelity and + courage and without complaint. These circumstances, in my judgment, + constituted an extraordinary occasion requiring that Congress be + convened in advance of the time prescribed by law for your meeting in + regular session. The importance of speedy action upon this subject + on the part of Congress is so manifest that I venture to suggest the + propriety of making the necessary appropriations for the support + of the Army for the current year at its present maximum numerical + strength of 25,000 men, leaving for future consideration all questions + relating to an increase or decrease of the number of enlisted men. + In the event of the reduction of the Army by subsequent legislation + during the fiscal year, the excess of the appropriation could not + be expended; and in the event of its enlargement the additional sum + required for the payment of the extra force could be provided in due + time. It would be unjust to the troops now in service, and whose pay + is already largely in arrears, if payment to them should be further + postponed until after Congress shall have considered all the questions + likely to arise in the effort to fix the proper limit to the strength + of the Army. +</p> +<p> + Estimates of appropriations for the support of the military + establishment for the fiscal year ending June 30, 1878, were + transmitted to Congress by the former Secretary of the Treasury at the + opening of its session in December last. These estimates, modified by + the present Secretary so as to conform to present requirements, are + now renewed, amounting to $32,436,764.98, and, having been transmitted + to both Houses of Congress, are submitted for your consideration. +</p> +<p> + There is also required by the Navy Department $2,003,861.24. This sum + is made up of $1,446,688.16 due to officers and enlisted men for the + last quarter of the last fiscal year; $311,953.50 due for advances + made by the fiscal agent of the Government in London for the support + of the foreign service; $50,000 due to the naval-hospital fund; + $150,000 due for arrearages of pay to officers, and $45,219.58 for the + support of the Marine Corps. +</p> +<p> + There will also be needed an appropriation of $262,535.22 to defray + the unsettled expenses of the United States courts for the fiscal year + ending June 30 last, now due to attorneys, clerks, commissioners, and + marshals, and for rent of court rooms, the support of prisoners, and + other deficiencies. +</p> +<p> + A part of the building of the Interior Department was destroyed by + fire on the 24th of last month. Some immediate repairs and temporary + structures have in consequence become necessary, estimates for which + will be transmitted to Congress immediately, and an appropriation of + the requisite funds is respectfully recommended. +</p> +<p> + The Secretary of the Treasury will communicate to Congress, in + connection with the estimates for the appropriations for the support + of the Army for the current fiscal year, estimates for such other + deficiencies in the different branches of the public service as + require immediate action and can not without inconvenience be + postponed until the regular session. +</p> +<p> + I take this opportunity also to invite your attention to the propriety + of adopting at your present session the necessary legislation + to enable the people of the United States to participate in the + advantages of the International Exhibition of Agriculture, Industry, + and the Fine Arts which is to be held at Paris in 1878, and in which + this Government has been invited by the Government of France to take + part. +</p> +<p> + This invitation was communicated to this Government in May, 1876, + by the minister of France at this capital, and a copy thereof was + submitted to the proper committees of Congress at its last session, + but no action was taken upon the subject. +</p> +<p> + The Department of State has received many letters from various parts + of the country expressing a desire to participate in the exhibition, + and numerous applications of a similar nature have also been made at + the United States legation at Paris. +</p> +<p> + The Department of State has also received official advice of the + strong desire on the part of the French Government that the United + States should participate in this enterprise, and space has hitherto + been and still is reserved in the exhibition buildings for the use of + exhibitors from the United States, to the exclusion of other parties + who have been applicants therefor. +</p> +<p> + In order that our industries may be properly represented at the + exhibition, an appropriation will be needed for the payment of + salaries and expenses of commissioners, for the transportation of + goods, and for other purposes in connection with the object in view; + and as May next is the time fixed for the opening of the exhibition, + if our citizens are to share the advantages of this international + competition for the trade of other nations the necessity of immediate + action is apparent. +</p> +<p> + To enable the United States to cooperate in the international + exhibition which was held at Vienna in 1873, Congress then passed a + joint resolution making an appropriation of $200,000 and authorizing + the President to appoint a certain number of practical artisans and + scientific men who should attend the exhibition and report their + proceedings and observations to him. Provision was also made for the + appointment of a number of honorary commissioners. +</p> +<p> + I have felt that prompt action by Congress in accepting the invitation + of the Government of France is of so much interest to the people of + this country and so suitable to the cordial relations between the + Governments of the two countries that the subject might properly be + presented for attention at your present session. +</p> +<p> + The Government of Sweden and Norway has addressed an official + invitation to this Government to take part in the International Prison + Congress to be held at Stockholm next year. The problem which the + congress proposes to study—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. +</p> +<p> + As the several acts of Congress providing for detailed reports from + the different Departments of the Government require their submission + at the beginning of the regular annual session, I defer until that + time any further reference to subjects of public interest. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., October 17, 1877</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith the report of a board of inquiry + appointed by the Secretary of the Interior to examine into the causes + of the fire which destroyed a part of the Interior Department building + on the 24th of last month. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., October 17, 1877</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith a report of the Secretary of + the Navy, setting forth the particulars with reference to the existing + deficiencies in the Navy Department. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>November 12, 1877</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 1st + instant, I transmit herewith reports from the Secretary of State and + the Secretary of War, with their accompanying papers.<a href="#note-4"><small>4</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>November 12, 1877</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 5th + instant, I transmit herewith reports from the Secretary of State and + the Secretary of the Treasury, with their accompanying documents.<a href="#note-5"><small>5</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>November 12, 1877</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 16th of + October, 1877, I have the honor to transmit herewith a statement of + the appropriations and expenditures by the Navy Department from the + 4th of March, 1789, to June 30, 1876. +</p> +<p> + A similar statement for the War Department is being prepared as + rapidly as the limited clerical force in the Treasury Department will + permit, and when completed will be transmitted to the Senate. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>November 12, 1877</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 30th of + October, 1877, I have the honor to transmit herewith a statement of + the annual appropriations and expenditures for army and navy pensions, + showing also the repayments, the amounts carried to the surplus fund, + and the net expenditures under each appropriation from March 4, 1789, + to June 30, 1876. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>November 14, 1877</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 8th instant, I + transmit herewith a report<a href="#note-6"><small>6</small></a> from the Secretary of State. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, D.C., <i>November 15, 1887</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to its + resolution of the 12th instant, a report<a href="#note-7"><small>7</small></a> from the Secretary of + State. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>November 20, 1877</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a joint resolution of the House of Representatives of the + 6th instant, requesting the opinions of the heads of the Departments + respecting the obligatory use of the metrical system of weights and + measures, I transmit herewith a report from the Secretary of State. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>November 27, 1877</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a declaration between the United States and the + Government of Her Majesty the Queen of the United Kingdom of Great + Britain and Ireland, for the reciprocal protection of the marks of + manufacture and trade in the two countries, signed on the 24th of + October, 1877. +</p> +<p class="r"> + R.B. HAYES. +</p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The completed circle of summer and winter, seedtime and harvest, + has brought us to the accustomed season at which a religious people + celebrates with praise and thanksgiving the enduring mercy of Almighty + God. This devout and public confession of the constant dependence of + man upon the divine favor for all the good gifts of life and health + and peace and happiness, so early in our history made the habit of + our people, finds in the survey of the past year new grounds for its + joyful and grateful manifestation. +</p> +<p> + In all the blessings which depend upon benignant seasons, this has + indeed been a memorable year. Over the wide territory of our country, + with all its diversity of soil and climate and products, the earth has + yielded a bountiful return to the labor of the husbandman. The + health of the people has been blighted by no prevalent or widespread + diseases. No great disasters of shipwreck upon our coasts or to our + commerce on the seas have brought loss and hardship to merchants or + mariners and clouded the happiness of the community with sympathetic + sorrow. +</p> +<p> + In all that concerns our strength and peace and greatness as a nation; + in all that touches the permanence and security of our Government and + the beneficent institutions on which it rests; in all that affects + the character and dispositions of our people and tests our capacity + to enjoy and uphold the equal and free condition of society, now + permanent and universal throughout the land, the experience of the + last year is conspicuously marked by the protecting providence of God + and is full of promise and hope for the coming generations. +</p> +<p> + Under a sense of these infinite obligations to the Great Ruler of + Times and Seasons and Events, let us humbly ascribe it to our own + faults and frailties if in any degree that perfect concord and + happiness, peace and justice, which such great mercies should diffuse + through the hearts and lives of our people do not altogether and + always and everywhere prevail. Let us with one spirit and with one + voice lift up praise and thanksgiving to God for His manifold goodness + to our land, His manifest care for our nation. +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do appoint Thursday, the 29th day of November next, as a day + of national thanksgiving and prayer; and I earnestly recommend that, + withdrawing themselves from secular cares and labors, the people of + the United States do meet together on that day in their respective + places of worship, there to give thanks and praise to Almighty God for + His mercies and to devoutly beseech their continuance. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 29th day of October, A.D. + 1877, and of the Independence of the United States the one hundred and + second. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDER. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., November 2, 1877</i>. +</p> +<p> + I lament the sad occasion which makes it my duty to testify the public + respect for the eminent citizen and distinguished statesman whose + death yesterday at his home in Indianapolis has been made known to the + people by telegraphic announcement. +</p> +<p> + The services of Oliver P. Morton to the nation in the difficult and + responsible administration of the affairs of the State of Indiana + as its governor at a critical juncture of the civil war can never be + overvalued by his countrymen. His long service in the Senate has shown + his great powers as a legislator and as a leader and chief counselor + of the political party charged with the conduct of the Government + during that period. +</p> +<p> + In all things and at all times he has been able, strenuous, and + faithful in the public service, and his fame with his countrymen rests + upon secure foundations. +</p> +<p> + The several Executive Departments will be closed on the day of his + funeral, and appropriate honors should be paid to the memory of the + deceased statesman by the whole nation. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FIRST ANNUAL MESSAGE. +</h2> +<p class="r"> + DECEMBER 3, 1877. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives:</i> +</p> +<p> + With devout gratitude to the bountiful Giver of All Good, I + congratulate you that at the beginning of your first regular session + you find our country blessed with health and peace and abundant + harvests, and with encouraging prospects of an early return of general + prosperity. +</p> +<p> + To complete and make permanent the pacification of the country + continues to be, and until it is fully accomplished must remain, the + most important of all our national interests. The earnest purpose of + good citizens generally to unite their efforts in this endeavor is + evident. It found decided expression in the resolutions announced in + 1876 by the national conventions of the leading political parties of + the country. There was a widespread apprehension that the momentous + results in our progress as a nation marked by the recent amendments + to the Constitution were in imminent jeopardy; that the good + understanding which prompted their adoption, in the interest of a + loyal devotion to the general welfare, might prove a barren truce, and + that the two sections of the country, once engaged in civil strife, + might be again almost as widely severed and disunited as they were + when arrayed in arms against each other. +</p> +<p> + The course to be pursued, which, in my judgment, seemed wisest in + the presence of this emergency, was plainly indicated in my inaugural + address. It pointed to the time, which all our people desire to see, + when a genuine love of our whole country and of all that concerns + its true welfare shall supplant the destructive forces of the mutual + animosity of races and of sectional hostility. Opinions have differed + widely as to the measures best calculated to secure this great end. + This was to be expected. The measures adopted by the Administration + have been subjected to severe and varied criticism. Any course + whatever which might have been entered upon would certainly have + encountered distrust and opposition. These measures were, in my + judgment, such as were most in harmony with the Constitution and + with the genius of our people, and best adapted, under all the + circumstances, to attain the end in view. Beneficent results, already + apparent, prove that these endeavors are not to be regarded as a + mere experiment, and should sustain and encourage us in our efforts. + Already, in the brief period which has elapsed, the immediate + effectiveness, no less than the justice, of the course pursued is + demonstrated, and I have an abiding faith that time will furnish + its ample vindication in the minds of the great majority of my + fellow-citizens. The discontinuance of the use of the Army for the + purpose of upholding local governments in two States of the Union was + no less a constitutional duty and requirement, under the circumstances + existing at the time, than it was a much-needed measure for the + restoration of local self-government and the promotion of national + harmony. The withdrawal of the troops from such employment was + effected deliberately, and with solicitous care for the peace and good + order of society and the protection of the property and persons and + every right of all classes of citizens. +</p> +<p> + The results that have followed are indeed significant and encouraging. + All apprehension of danger from remitting those States to local + self-government is dispelled, and a most salutary change in the minds + of the people has begun and is in progress in every part of that + section of the country once the theater of unhappy civil strife, + substituting for suspicion, distrust, and aversion, concord, + friendship, and patriotic attachment to the Union. No unprejudiced + mind will deny that the terrible and often fatal collisions which for + several years have been of frequent occurrence and have agitated and + alarmed the public mind have almost entirely ceased, and that a spirit + of mutual forbearance and hearty national interest has succeeded. + There has been a general reestablishment of order and of the orderly + administration of justice. Instances of remaining lawlessness have + become of rare occurrence; political turmoil and turbulence have + disappeared; useful industries have been resumed; public credit in + the Southern States has been greatly strengthened, and the encouraging + benefits of a revival of commerce between the sections of the country + lately embroiled in civil war are fully enjoyed. Such are some of + the results already attained, upon which the country is to be + congratulated. They are of such importance that we may with confidence + patiently await the desired consummation that will surely come with + the natural progress of events. +</p> +<p> + It may not be improper here to say that it should be our fixed and + unalterable determination to protect by all available and proper means + under the Constitution and the laws the lately emancipated race in + the enjoyment of their rights and privileges; and I urge upon those + to whom heretofore the colored people have sustained the relation of + bondmen the wisdom and justice of humane and liberal local legislation + with respect to their education and general welfare. A firm adherence + to the laws, both national and State, as to the civil and political + rights of the colored people, now advanced to full and equal + citizenship; the immediate repression and sure punishment by the + national and local authorities, within their respective jurisdictions, + of every instance of lawlessness and violence toward them, is required + for the security alike of both races, and is justly demanded by the + public opinion of the country and the age. In this way the restoration + of harmony and good will and the complete protection of every citizen + in the full enjoyment of every constitutional right will surely be + attained. Whatever authority rests with me to this end I shall not + hesitate to put forth. +</p> +<p> + Whatever belongs to the power of Congress and the jurisdiction of the + courts of the Union, they may confidently be relied upon to provide + and perform; and to the legislatures, the courts, and the executive + authorities of the several States I earnestly appeal to secure, by + adequate, appropriate, and seasonable means, within their borders, + these common and uniform rights of a united people which loves + liberty, abhors oppression, and reveres justice. These objects are + very dear to my heart. I shall continue most earnestly to strive + for their attainment. The cordial cooperation of all classes, of + all sections of the country and of both races, is required for this + purpose; and with these blessings assured, and not otherwise, we + may safely hope to hand down our free institutions of government + unimpaired to the generations that will succeed us. +</p> +<p> + Among the other subjects of great and general importance to the people + of this country, I can not be mistaken, I think, in regarding as + preeminent the policy and measures which are designed to secure the + restoration of the currency to that normal and healthful condition in + which, by the resumption of specie payments, our internal trade + and foreign commerce may be brought into harmony with the system of + exchanges which is based upon the precious metals as the intrinsic + money of the world. In the public judgment that this end should be + sought and compassed as speedily and securely as the resources of the + people and the wisdom of their Government can accomplish, there is + a much greater degree of unanimity than is found to concur in the + specific measures which will bring the country to this desired end or + the rapidity of the steps by which it can be safely reached. +</p> +<p> + Upon a most anxious and deliberate examination, which I have felt it + my duty to give to the subject, I am but the more confirmed in + the opinion which I expressed in accepting the nomination for the + Presidency, and again upon my inauguration, that the policy of + resumption should be pursued by every suitable means, and that no + legislation would be wise that should disparage the importance or + retard the attainment of that result. I have no disposition, and + certainly no right, to question the sincerity or the intelligence + of opposing opinions, and would neither conceal nor undervalue the + considerable difficulties, and even occasional distresses, which may + attend the progress of the nation toward this primary condition to its + general and permanent prosperity. I must, however, adhere to my most + earnest conviction that any wavering in purpose or unsteadiness + in methods, so far from avoiding or reducing the inconvenience + inseparable from the transition from an irredeemable to a redeemable + paper currency, would only tend to increased and prolonged disturbance + in values, and unless retrieved must end in serious disorder, + dishonor, and disaster in the financial affairs of the Government and + of the people. +</p> +<p> + The mischiefs which I apprehend and urgently deprecate are confined + to no class of the people, indeed, but seem to me most certainly to + threaten the industrious masses, whether their occupations are of + skilled or common labor. To them, it seems to me, it is of prime + importance that their labor should be compensated in money which is + itself fixed in exchangeable value by being irrevocably measured by + the labor necessary to its production. This permanent quality of + the money of the people is sought for, and can only be gained by + the resumption of specie payments. The rich, the speculative, the + operating, the money-dealing classes may not always feel the mischiefs + of, or may find casual profits in, a variable currency, but the + misfortunes of such a currency to those who are paid salaries or wages + are inevitable and remediless. +</p> +<p> + Closely connected with this general subject of the resumption of + specie payments is one of subordinate, but still of grave, importance; + I mean the readjustment of our coinage system by the renewal of + the silver dollar as an element in our specie currency, endowed by + legislation with the quality of legal tender to a greater or less + extent. +</p> +<p> + As there is no doubt of the power of Congress under the Constitution + "to coin money and regulate the value thereof," and as this power + covers the whole range of authority applicable to the metal, the + rated, value and the legal-tender quality which shall be adopted for + the coinage, the considerations which should induce or discourage a + particular measure connected with the coinage, belong clearly to the + province of legislative discretion and of public expediency. Without + intruding upon this province of legislation in the least, I have + yet thought the subject of such critical importance, in the actual + condition of our affairs, as to present an occasion for the + exercise of the duty imposed by the Constitution on the President of + recommending to the consideration of Congress "such measures as he + shall judge necessary and expedient." +</p> +<p> + Holding the opinion, as I do, that neither the interests of the + Government nor of the people of the United States would be promoted by + disparaging silver as one of the two precious metals which furnish the + coinage of the world, and that legislation which looks to maintaining + the volume of intrinsic money to as full a measure of both metals as + their relative commercial values will permit would be neither unjust + nor inexpedient, I must ask your indulgence to a brief and definite + statement of certain essential features in any such legislative + measure which I feel it my duty to recommend. +</p> +<p> + I do not propose to enter the debate, represented on both sides by + such able disputants in Congress and before the people and in the + press, as to the extent to which the legislation of any one nation + can control this question, even within its own borders, against the + unwritten laws of trade or the positive laws of other governments. The + wisdom of Congress in shaping any particular law that may be presented + for my approval may wholly supersede the necessity of my entering into + these considerations, and I willingly avoid either vague or intricate + inquiries. It is only certain plain and practical traits of such + legislation that I desire to recommend to your attention. +</p> +<p> + In any legislation providing for a silver coinage, regulating its + value, and imparting to it the quality of legal tender, it seems to me + of great importance that Congress should not lose sight of its action + as operating in a twofold capacity and in two distinct directions. + If the United States Government were free from a public debt, its + legislative dealing with the question of silver coinage would be + purely sovereign and governmental, under no restraints but those of + constitutional power and the public good as affected by the proposed + legislation. But in the actual circumstances of the nation, with a + vast public debt distributed very widely among our own citizens and + held in great amounts also abroad, the nature of the silver-coinage + measure, as affecting this relation of the Government to the holders + of the public debt, becomes an element, in any proposed legislation, + of the highest concern. The obligation of the public faith + transcends all questions of profit or public advantage otherwise. + Its unquestionable maintenance is the dictate as well of the highest + expediency as of the most necessary duty, and will ever be carefully + guarded by Congress and people alike. +</p> +<p> + The public debt of the United States to the amount of $729,000,000 + bears interest at the rate of 6 per cent, and $708,000,000 at the rate + of 5 per cent, and the only way in which the country can be relieved + from the payment of these high rates of interest is by advantageously + refunding the indebtedness. Whether the debt is ultimately paid in + gold or in silver coin is of but little moment compared with the + possible reduction of interest one-third by refunding it at such + reduced rate. If the United States had the unquestioned right to pay + its bonds in silver coin, the little benefit from that process would + be greatly overbalanced by the injurious effect of such payment + if made or proposed against the honest convictions of the public + creditors. +</p> +<p> + All the bonds that have been issued since February 12, 1873, when + gold became the only unlimited legal-tender metallic currency of the + country, are justly payable in gold coin or in coin of equal value. + During the time of these issues the only dollar that could be or was + received by the Government in exchange for bonds was the gold dollar. + To require the public creditors to take in repayment any dollar of + less commercial value would be regarded by them as a repudiation + of the full obligation assumed. The bonds issued prior to 1873 were + issued at a time when the gold dollar was the only coin in circulation + or contemplated by either the Government or the holders of the bonds + as the coin in which they were to be paid. It is far better to + pay these bonds in that coin than to seem to take advantage of the + unforeseen fall in silver bullion to pay in a new issue of silver coin + thus made so much less valuable. The power of the United States + to coin money and to regulate the value thereof ought never to be + exercised for the purpose of enabling the Government to pay its + obligations in a coin of less value than that contemplated by the + parties when the bonds were issued. Any attempt to pay the national + indebtedness in a coinage of less commercial value than the money + of the world would involve a violation of the public faith and work + irreparable injury to the public credit. +</p> +<p> + It was the great merit of the act of March, 1869, in strengthening + the public credit, that it removed all doubt as to the purpose of the + United States to pay their bonded debt in coin. That act was accepted + as a pledge of public faith. The Government has derived great benefit + from it in the progress thus far made in refunding the public debt at + low rates of interest. An adherence to the wise and just policy of + an exact observance of the public faith will enable the Government + rapidly to reduce the burden of interest on the national debt to an + amount exceeding $20,000,000 per annum, and effect an aggregate saving + to the United States of more than $300,000,000 before the bonds can be + fully paid. +</p> +<p> + In adapting the new silver coinage to the ordinary uses of currency in + the everyday transactions of life and prescribing the quality of legal + tender to be assigned to it, a consideration of the first importance + should be so to adjust the ratio between the silver and the gold + coinage, which now constitutes our specie currency, as to accomplish + the desired end of maintaining the circulation of the two metallic + currencies and keeping up the volume of the two precious metals as our + intrinsic money. It is a mixed question, for scientific reasoning + and historical experience to determine, how far and by what methods a + practical equilibrium can be maintained which will keep both metals in + circulation in their appropriate spheres of common use. +</p> +<p> + An absolute equality of commercial value, free from disturbing + fluctuations, is hardly attainable, and without it an unlimited + legal tender for private transactions assigned to both metals would + irresistibly tend to drive out of circulation the dearer coinage and + disappoint the principal object proposed by the legislation in view. + I apprehend, therefore, that the two conditions of a near approach to + equality of commercial value between the gold and silver coinage of + the same denomination and of a limitation of the amounts for which the + silver coinage is to be a legal tender are essential to maintaining + both in circulation. If these conditions can be successfully observed, + the issue from the mint of silver dollars would afford material + assistance to the community in the transition to redeemable paper + money, and would facilitate the resumption of specie payment and its + permanent establishment. Without these conditions I fear that only + mischief and misfortune would flow from a coinage of silver + dollars with the quality of unlimited legal tender, even in private + transactions. +</p> +<p> + Any expectation of temporary ease from an issue of silver coinage to + pass as a legal tender at a rate materially above its commercial value + is, I am persuaded, a delusion. Nor can I think that there is any + substantial distinction between an original issue of silver dollars + at a nominal value materially above their commercial value and the + restoration of the silver dollar at a rate which once was, but has + ceased to be, its commercial value. Certainly the issue of our gold + coinage, reduced in weight materially below its legal-tender value, + would not be any the less a present debasement of the coinage by + reason of its equaling, or even exceeding, in weight a gold + coinage which at some past time had been commercially equal to the + legal-tender value assigned to the new issue. +</p> +<p> + In recommending that the regulation of any silver coinage which may be + authorized by Congress should observe these conditions of commercial + value and limited legal tender, I am governed by the feeling that + every possible increase should be given to the volume of metallic + money which can be kept in circulation, and thereby every possible aid + afforded to the people in the process of resuming specie payments. It + is because of my firm conviction that a disregard of these conditions + would frustrate the good results which are desired from the proposed + coinage, and embarrass with new elements of confusion and uncertainty + the business of the country, that I urge upon your attention these + considerations. +</p> +<p> + I respectfully recommend to Congress that in any legislation providing + for a silver coinage and imparting to it the quality of legal tender + there be impressed upon the measure a firm provision exempting the + public debt heretofore issued and now outstanding from payment, either + of principal or interest, in any coinage of less commercial value than + the present gold coinage of the country. +</p> +<p> + The organization of the civil service of the country has for a number + of years attracted more and more of the public attention. So general + has become the opinion that the methods of admission to it and + the conditions of remaining in it are unsound that both the great + political parties have agreed in the most explicit declarations of the + necessity of reform and in the most emphatic demands for it. I have + fully believed these declarations and demands to be the expression of + a sincere conviction of the intelligent masses of the people upon the + subject, and that they should be recognized and followed by earnest + and prompt action on the part of the legislative and executive + departments of the Government, in pursuance of the purpose indicated. +</p> +<p> + Before my accession to office I endeavored to have my own views + distinctly understood, and upon my inauguration my accord with + the public opinion was stated in terms believed to be plain and + unambiguous. My experience in the executive duties has strongly + confirmed the belief in the great advantage the country would find in + observing strictly the plan of the Constitution, which imposes upon + the Executive the sole duty and responsibility of the selection of + those Federal officers who by law are appointed, not elected, and + which in like manner assigns to the Senate the complete right to + advise and consent to or to reject the nominations so made, whilst + the House of Representatives stands as the public censor of the + performance of official duties, with the prerogative of investigation + and prosecution in all cases of dereliction. The blemishes and + imperfections in the civil service may, as I think, be traced in most + cases to a practical confusion of the duties assigned to the several + Departments of the Government. My purpose in this respect has been + to return to the system established by the fundamental law, and to + do this with the heartiest cooperation and most cordial understanding + with the Senate and House of Representatives. +</p> +<p> + The practical difficulties in the selection of numerous officers for + posts of widely varying responsibilities and duties are acknowledged + to be very great. No system can be expected to secure absolute freedom + from mistakes, and the beginning of any attempted change of custom + is quite likely to be more embarrassed in this respect than any + subsequent period. It is here that the Constitution seems to me to + prove its claim to the great wisdom accorded to it. It gives to + the Executive the assistance of the knowledge and experience of the + Senate, which, when acting upon nominations as to which they may be + disinterested and impartial judges, secures as strong a guaranty of + freedom from errors of importance as is perhaps possible in human + affairs. +</p> +<p> + In addition to this, I recognize the public advantage of making all + nominations, as nearly as possible, impersonal, in the sense of being + free from mere caprice or favor in the selection; and in those offices + in which special training is of greatly increased value I believe such + a rule as to the tenure of office should obtain as may induce men of + proper qualifications to apply themselves industriously to the task of + becoming proficients. Bearing these things in mind, I have endeavored + to reduce the number of changes in subordinate places usually made + upon the change of the general administration, and shall most heartily + cooperate with Congress in the better systematizing of such methods + and rules of admission to the public service and of promotion within + it as may promise to be most successful in making thorough competency, + efficiency, and character the decisive tests in these matters. +</p> +<p> + I ask the renewed attention of Congress to what has already been done + by the Civil Service Commission, appointed, in pursuance of an act + of Congress, by my predecessor, to prepare and revise civil-service + rules. In regard to much of the departmental service, especially at + Washington, it may be difficult to organize a better system than + that which has thus been provided, and it is now being used to a + considerable extent under my direction. The Commission has still a + legal existence, although for several years no appropriation has been + made for defraying its expenses. Believing that this Commission + has rendered valuable service and will be a most useful agency in + improving the administration of the civil service, I respectfully + recommend that a suitable appropriation, to be immediately available, + be made to enable it to continue its labors. +</p> +<p> + It is my purpose to transmit to Congress as early as practicable a + report by the chairman of the Commission, and to ask your attention + to such measures on this subject as in my opinion will further promote + the improvement of the civil service. +</p> +<p> + During the past year the United States have continued to maintain + peaceful relations with foreign powers. +</p> +<p> + The outbreak of war between Russia and Turkey, though at one time + attended by grave apprehension as to its effect upon other European + nations, has had no tendency to disturb the amicable relations + existing between the United States and each of the two contending + powers. An attitude of just and impartial neutrality has been + preserved, and I am gratified to state that in the midst of their + hostilities both the Russian and the Turkish Governments have shown an + earnest disposition to adhere to the obligations of all treaties with + the United States and to give due regard to the rights of American + citizens. +</p> +<p> + By the terms of the treaty defining the rights, immunities, and + privileges of consuls, between Italy and the United States, ratified + in 1868, either Government may, after the lapse of ten years, + terminate the existence of the treaty by giving twelve months' notice + of its intention. The Government of Italy, availing itself of this + faculty, has now given the required notice, and the treaty will + accordingly end on the 17th of September, 1878. It is understood, + however, that the Italian Government wishes to renew it in its general + scope, desiring only certain modifications in some of its articles. + In this disposition I concur, and shall hope that no serious obstacles + may intervene to prevent or delay the negotiation of a satisfactory + treaty. +</p> +<p> + Numerous questions in regard to passports, naturalization, and + exemption from military service have continued to arise in cases of + emigrants from Germany who have returned to their native country. The + provisions of the treaty of February 22, 1868, however, have proved to + be so ample and so judicious that the legation of the United States at + Berlin has been able to adjust all claims arising under it, not only + without detriment to the amicable relations existing between the two + Governments, but, it is believed, without injury or injustice to any + duly naturalized American citizen. It is desirable that the treaty + originally made with the North German Union in 1868 should now be + extended so as to apply equally to all the States of the Empire of + Germany. +</p> +<p> + The invitation of the Government of France to participate in the + Exposition of the Products of Agriculture, Industry, and the Fine + Arts to be held at Paris during the coming year was submitted for + your consideration at the extra session. It is not doubted that its + acceptance by the United States, and a well-selected exhibition of the + products of American industry on that occasion, will tend to stimulate + international commerce and emigration, as well as to promote the + traditional friendship between the two countries. +</p> +<p> + A question arose some time since as to the proper meaning of the + extradition articles of the treaty of 1842 between the United States + and Great Britain. Both Governments, however, are now in accord in + the belief that the question is not one that should be allowed to + frustrate the ends of justice or to disturb the friendship between + the two nations. No serious difficulty has arisen in accomplishing + the extradition of criminals when necessary. It is probable that all + points of disagreement will in due time be settled, and, if need be, + more explicit declarations be made in a new treaty. +</p> +<p> + The Fishery Commission under Articles XVIII to XXV of the treaty of + Washington has concluded its session at Halifax. The result of the + deliberations of the commission, as made public by the commissioners, + will be communicated to Congress. +</p> +<p> + A treaty for the protection of trade-marks has been negotiated + with Great Britain, which has been submitted to the Senate for its + consideration. +</p> +<p> + The revolution which recently occurred in Mexico was followed by the + accession of the successful party to power and the installation of its + chief, General Porfirio Diaz, in the Presidential office. It has been + the custom of the United States, when such changes of government have + heretofore occurred in Mexico, to recognize and enter into official + relations with the <i>de facto</i> government as soon as it should appear + to have the approval of the Mexican people and should manifest a + disposition to adhere to the obligations of treaties and international + friendship. In the present case such official recognition has been + deferred by the occurrences on the Rio Grande border, the records + of which have been already communicated to each House of Congress in + answer to their respective resolutions of inquiry. Assurances + have been received that the authorities at the seat of the Mexican + Government have both the disposition and the power to prevent and + punish such unlawful invasions and depredations. It is earnestly to be + hoped that events may prove these assurances to be well founded. The + best interests of both countries require the maintenance of peace upon + the border and the development of commerce between the two Republics. +</p> +<p> + It is gratifying to add that this temporary interruption of official + relations has not prevented due attention by the representatives of + the United States in Mexico to the protection of American citizens, so + far as practicable; nor has it interfered with the prompt payment of + the amounts due from Mexico to the United States under the treaty of + July 4, 1868, and the awards of the joint commission. While I do not + anticipate an interruption of friendly relations with Mexico, yet I + can not but look with some solicitude upon a continuance of border + disorders as exposing the two countries to initiations of popular + feeling and mischances of action which are naturally unfavorable to + complete amity. Firmly determined that nothing shall be wanting on my + part to promote a good understanding between the two nations, I yet + must ask the attention of Congress to the actual occurrences on the + border, that the lives and property of our citizens may be adequately + protected and peace preserved. +</p> +<p> + Another year has passed without bringing to a close the protracted + contest between the Spanish Government and the insurrection in the + island of Cuba. While the United States have sedulously abstained from + any intervention in this contest, it is impossible not to feel that + it is attended with incidents affecting the rights and interests of + American citizens. Apart from the effect of the hostilities upon + trade between the United States and Cuba, their progress is inevitably + accompanied by complaints, having more or less foundation, of + searches, arrests, embargoes, and oppressive taxes upon the property + of American residents, and of unprovoked interference with American + vessels and commerce. It is due to the Government of Spain to say that + during the past year it has promptly disavowed and offered reparation + for any unauthorized acts of unduly zealous subordinates whenever + such acts have been brought to its attention. Nevertheless, such + occurrences can not but tend to excite feelings of annoyance, + suspicion, and resentment, which are greatly to be deprecated, between + the respective subjects and citizens of two friendly powers. +</p> +<p> + Much delay (consequent upon accusations of fraud in some of the + awards) has occurred in respect to the distribution of the limited + amounts received from Venezuela under the treaty of April 25, 1866, + applicable to the awards of the joint commission created by that + treaty. So long as these matters are pending in Congress the Executive + can not assume either to pass upon the questions presented or to + distribute the fund received. It is eminently desirable that definite + legislative action should be taken, either affirming the awards to be + final or providing some method for reexamination of the claims. Our + relations with the Republics of Central and South America and with the + Empire of Brazil have continued without serious change, further than + the temporary interruption of diplomatic intercourse with Venezuela + and with Guatemala. Amicable relations have already been fully + restored with Venezuela, and it is not doubted that all grounds of + misunderstanding with Guatemala will speedily be removed. From all + these countries there are favorable indications of a disposition on + the part of their Governments and people to reciprocate our efforts in + the direction of increased commercial intercourse. +</p> +<p> + The Government of the Samoan Islands has sent an envoy, in the person + of its secretary of state, to invite the Government of the United + States to recognize and protect their independence, to establish + commercial relations with their people, and to assist them in their + steps toward regulated and responsible government. The inhabitants + of these islands, having made considerable progress in Christian + civilization and the development of trade, are doubtful of their + ability to maintain peace and independence without the aid of some + stronger power. The subject is deemed worthy of respectful attention, + and the claims upon our assistance by this distant community will be + carefully considered. +</p> +<p> + The long commercial depression in the United States has directed + attention to the subject of the possible increase of our foreign trade + and the methods for its development, not only with Europe, but with + other countries, and especially with the States and sovereignties of + the Western Hemisphere. Instructions from the Department of State + were issued to the various diplomatic and consular officers of the + Government, asking them to devote attention to the question of methods + by which trade between the respective countries of their official + residence and the United States could be most judiciously fostered. + In obedience to these instructions, examinations and reports upon this + subject have been made by many of these officers and transmitted to + the Department, and the same are submitted to the consideration of + Congress. +</p> +<p> + The annual report of the Secretary of the Treasury on the state of the + finances presents important questions for the action of Congress, upon + some of which I have already remarked. +</p> +<p> + The revenues of the Government during the fiscal year ending June 30, + 1877, were $269,000,586.62; the total expenditures for the same period + were $238,660,008.93, leaving a surplus revenue of $30,340,577.69. + This has substantially supplied the requirements of the sinking fund + for that year. The estimated revenues of the current fiscal year are + $265,500,000, and the estimated expenditures for the same period are + $232,430,643.72. If these estimates prove to be correct, there will be + a surplus revenue of $33,069,356.28—an amount nearly sufficient for + the sinking fund for that year. The estimated revenues for the next + fiscal year are $269,250,000. It appears from the report that during + the last fiscal year the revenues of the Government, compared with the + previous year, have largely decreased. This decrease, amounting to the + sum of $18,481,452.54, was mainly in customs duties, caused partly + by a large falling off of the amount of imported dutiable goods and + partly by the general fall of prices in the markets of production of + such articles as pay <i>ad valorem</i> taxes. +</p> +<p> + While this is felt injuriously in the diminution of the revenue, it + has been accompanied with a very large increase of exportations. The + total exports during the last fiscal year, including coin, have + been $658,637,457, and the imports have been $492,097,540, leaving a + balance of trade in favor of the United States amounting to the sum of + $166,539,917, the beneficial effects of which extend to all branches + of business. +</p> +<p> + The estimated revenue for the next fiscal year will impose upon + Congress the duty of strictly limiting appropriations, including the + requisite sum for the maintenance of the sinking fund, within the + aggregate estimated receipts. +</p> +<p> + While the aggregate of taxes should not be increased, amendments + might be made to the revenue laws that would, without diminishing the + revenue, relieve the people from unnecessary burdens. A tax on tea and + coffee is shown by the experience not only of our own country, but + of other countries, to be easily collected, without loss by + undervaluation or fraud, and largely borne in the country of + production. A tax of 10 cents a pound on tea and 2 cents a pound on + coffee would produce a revenue exceeding $12,000,000, and thus enable + Congress to repeal a multitude of annoying taxes yielding a revenue + not exceeding that sum. The internal-revenue system grew out of the + necessities of the war, and most of the legislation imposing taxes + upon domestic products under this system has been repealed. By the + substitution of a tax on tea and coffee all forms of internal taxation + may be repealed, except that on whisky, spirits, tobacco, and beer. + Attention is also called to the necessity of enacting more vigorous + laws for the protection of the revenue and for the punishment of + frauds and smuggling. This can best be done by judicious provisions + that will induce the disclosure of attempted fraud by undervaluation + and smuggling. All revenue laws should be simple in their provisions + and easily understood. So far as practicable, the rates of taxation + should be in the form of specific duties, and not <i>ad valorem</i>, + requiring the judgment of experienced men to ascertain values and + exposing the revenue to the temptation of fraud. +</p> +<p> + My attention has been called during the recess of Congress to abuses + existing in the collection of the customs, and strenuous efforts + have been made for their correction by Executive orders. The + recommendations submitted to the Secretary of the Treasury by a + commission appointed to examine into the collection of customs duties + at the port of New York contain many suggestions for the modification + of the customs laws, to which the attention of Congress is invited. +</p> +<p> + It is matter of congratulation that notwithstanding the severe + burdens caused by the war the public faith with all creditors has been + preserved, and that as the result of this policy the public credit has + continuously advanced and our public securities are regarded with the + highest favor in the markets of the world. I trust that no act of the + Government will cast a shadow upon its credit. +</p> +<p> + The progress of refunding the public debt has been rapid and + satisfactory. Under the contract existing when I entered upon the + discharge of the duties of my office, bonds bearing interest at the + rate of 4-1/2 per cent were being rapidly sold, and within three + months the aggregate sales of these bonds had reached the sum of + $200,000,000. With my sanction the Secretary of the Treasury entered + into a new contract for the sale of 4 per cent bonds, and within + thirty days after the popular subscription for such bonds was opened + subscriptions were had amounting to $75,496,550, which were paid for + within ninety days after the date of subscription. By this process, + within but little more than one year, the annual interest on the + public debt was reduced in the sum of $3,775,000. +</p> +<p> + I recommended that suitable provision be made to enable the people to + easily convert their savings into Government securities, as the best + mode in which small savings may be well secured and yield a moderate + interest. It is an object of public policy to retain among our own + people the securities of the United States. In this way our country is + guarded against their sudden return from foreign countries, caused by + war or other disturbances beyond our limits. +</p> +<p> + The commerce of the United States with foreign nations, and especially + the export of domestic productions, has of late years largely + increased; but the greater portion of this trade is conducted in + foreign vessels. The importance of enlarging our foreign trade, and + especially by direct and speedy interchange with countries on this + continent, can not be overestimated; and it is a matter of great + moment that our own shipping interest should receive, to the utmost + practical extent, the benefit of our commerce with other lands. These + considerations are forcibly urged by all the large commercial cities + of the country, and public attention is generally and wisely attracted + to the solution of the problems they present. It is not doubted that + Congress will take them up in the broadest spirit of liberality + and respond to the public demand by practical legislation upon this + important subject. +</p> +<p> + The report of the Secretary of War shows that the Army has been + actively employed during the year, and has rendered very important + service in suppressing hostilities in the Indian country and in + preserving peace and protecting life and property in the interior as + well as along the Mexican border. A long and arduous campaign has been + prosecuted, with final complete success, against a portion of the Nez + Percé tribe of Indians. A full account of this campaign will be found + in the report of the General of the Army. It will be seen that in + its course several severe battles were fought, in which a number of + gallant officers and men lost their lives. I join with the Secretary + of War and the General of the Army in awarding to the officers and men + employed in the long and toilsome pursuit and in the final capture of + these Indians the honor and praise which are so justly their due. +</p> +<p> + The very serious riots which occurred in several of the States in July + last rendered necessary the employment of a considerable portion of + the Army to preserve the peace and maintain order. In the States of + West Virginia, Maryland, Pennsylvania, and Illinois these disturbances + were so formidable as to defy the local and State authorities, and + the National Executive was called upon, in the mode provided by the + Constitution and laws, to furnish military aid. I am gratified to be + able to state that the troops sent in response to these calls for aid + in the suppression of domestic violence were able, by the influence + of their presence in the disturbed regions, to preserve the peace + and restore order without the use of force. In the discharge of this + delicate and important duty both officers and men acted with great + prudence and courage, and for their services deserve the thanks of the + country. +</p> +<p> + Disturbances along the Rio Grande in Texas, to which I have already + referred, have rendered necessary the constant employment of a + military force in that vicinity. A full report of all recent military + operations in that quarter has been transmitted to the House of + Representatives in answer to a resolution of that body, and it will + therefore not be necessary to enter into details. I regret to say that + these lawless incursions into our territory by armed bands from the + Mexican side of the line, for the purpose of robbery, have been of + frequent occurrence, and in spite of the most vigilant efforts of + the commander of our forces the marauders have generally succeeded in + escaping into Mexico with their plunder. In May last I gave orders for + the exercise of the utmost vigilance on the part of our troops for the + suppression of these raids and the punishment of the guilty parties, + as well as the recapture of property stolen by them. General Ord, + commanding in Texas, was directed to invite the cooperation of the + Mexican authorities in efforts to this end, and to assure them that I + was anxious to avoid giving the least offense to Mexico. At the same + time, he was directed to give notice of my determination to put an + end to the invasion of our territory by lawless bands intent upon the + plunder of our peaceful citizens, even if the effectual punishment of + the outlaws should make the crossing of the border by our troops in + their pursuit necessary. It is believed that this policy has had + the effect to check somewhat these depredations, and that with + a considerable increase of our force upon that frontier and the + establishment of several additional military posts along the Rio + Grande, so as more effectually to guard that extensive border, peace + may be preserved and the lives and property of our citizens in Texas + fully protected. +</p> +<p> + Prior to the 1st day of July last the Army was, in accordance with + law, reduced to the maximum of 25,000 enlisted men, being a reduction + of 2,500 below the force previously authorized. This reduction was + made, as required by law, entirely from the infantry and artillery + branches of the service, without any reduction of the cavalry. Under + the law as it now stands it is necessary that the cavalry regiments + be recruited to 100 men in each company for service on the Mexican + and Indian frontiers. The necessary effect of this legislation is to + reduce the infantry and artillery arms of the service below the number + required for efficiency, and I concur with the Secretary of War in + recommending that authority be given to recruit all companies of + infantry to at least 50 men and all batteries of artillery to at least + 75 men, with the power, in case of emergency, to increase the former + to 100 and the latter to 122 men each. +</p> +<p> + I invite your special attention to the following recommendations of + the Secretary of War: +</p> +<p> + First. That provision be made for supplying to the Army a more + abundant and better supply of reading matter. +</p> +<p> + Second. That early action be taken by Congress looking to a complete + revision and republication of the Army Regulations. +</p> +<p> + Third. That section 1258 of the Revised Statutes, limiting the number + of officers on the retired list, be repealed. +</p> +<p> + Fourth. That the claims arising under the act of July 4, 1864, for + supplies taken by the Army during the war, be taken from the offices + of the Quartermaster and Commissary Generals and transferred to the + Southern Claims Commission, or some other tribunal having more time + and better facilities for their prompt investigation and decision than + are possessed by these officers. +</p> +<p> + Fifth. That Congress provide for an annuity fund for the families + of deceased soldiers, as recommended by the Paymaster-General of the + Army. +</p> +<p> + The report of the Secretary of the Navy shows that we have six + squadrons now engaged in the protection of our foreign commerce + and other duties pertaining to the naval service. The condition and + operations of the Department are also shown. The total expenditures + for the fiscal year ending June 30, 1877, were $16,077,974.54. There + are unpaid claims against the Department chargeable to the last year, + which are presented to the consideration of Congress by the report of + the Secretary. The estimates for the fiscal year commencing July 1, + 1878, are $16,233,234.40, exclusive of the sum of $2,314,231 + submitted for new buildings, repairs, and improvements at the several + navy-yards. The appropriations for the present fiscal year, commencing + July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury + from July 1 to November 1, 1877, is $5,343,037.40, of which there is + estimated to be yet available $1,029,528.30, showing the amount of + actual expenditure during the first four months of the present fiscal + year to have been $4,313,509.10. +</p> +<p> + The report of the Postmaster-General contains a full and clear + statement of the operations and condition of the Post-Office + Department. The ordinary revenues of the Department for the fiscal + year ending June 30, 1877, including receipts from the money-order + business and from official stamps and stamped envelopes, amounted + to the sum of $27,531,585.26. The additional sum of $7,013,000 was + realized from appropriations from the general Treasury for various + purposes, making the receipts from all sources $34,544,885.26. The + total expenditures during the fiscal year amounted to $33,486,322.44, + leaving an excess of total receipts over total expenditures of + $1,058,562.82, and an excess of total expenditures over ordinary + receipts of $5,954,737.18. Deducting from the total receipts the + sum of $63,261.84, received from international money orders of the + preceding fiscal year, and deducting from the total expenditures the + sum of $1,163,818.20, paid on liabilities incurred in previous fiscal + years, the expenditures and receipts appertaining to the business of + the last fiscal year were as follows: +</p> + +<table summary="" width="100%"> <tr><td> Expenditures </td><td +align="right">$32,322,504.24</td></tr> <tr><td> Receipts (ordinary, from +money-order business and from official postage stamps) </td><td +align="right">27,468,323.42</td></tr> <tr><td> </td><td +align="right"><hr class="full"></td></tr> <tr><td> Excess of +expenditures </td><td align="right">4,854,180.82</td></tr> </table> + +<p> + The ordinary revenues of the Post-Office Department for the year + ending June 30, 1879, are estimated at an increase of 3 per cent over + those of 1877, making $29,034,098.28, and the expenditures for + the same year are estimated at $36,427,771, leaving an estimated + deficiency for the year 1879 of $7,393,672.72. The additional + legislation recommended by the Postmaster-General for improvements of + the mail service and to protect the postal revenues from the abuses + practiced under existing laws is respectfully commended to the careful + consideration of Congress. +</p> +<p> + The report of the Attorney-General contains several suggestions as to + the administration of justice, to which I invite your attention. + The pressure of business in the Supreme Court and in certain circuit + courts of the United States is now such that serious delays, to the + great injury, and even oppression, of suitors, occur, and a remedy + should be sought for this condition of affairs. Whether it will be + found in the plan briefly sketched in the report, of increasing the + number of judges of the circuit courts, and, by means of this addition + to the judicial force, of creating an intermediate court of errors and + appeals, or whether some other mode can be devised for obviating the + difficulties which now exist, I leave to your mature consideration. +</p> +<p> + The present condition of the Indian tribes in the territory of the + United States and our relations with them are fully set forth in + the reports of the Secretary of the Interior and the Commissioner + of Indian Affairs. After a series of most deplorable conflicts—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. +</p> +<p> + I cordially approve the policy regarding the management of Indian + affairs outlined in the reports of the Secretary of the Interior and + of the Commissioner of Indian Affairs. The faithful performance of + our promises is the first condition of a good understanding with the + Indians. I can not too urgently recommend to Congress that prompt and + liberal provision be made for the conscientious fulfillment of all + engagements entered into by the Government with the Indian tribes. + To withhold the means necessary for the performance of a promise + is always false economy, and is apt to prove disastrous in its + consequences. Especial care is recommended to provide for Indians + settled on their reservations cattle and agricultural implements, to + aid them in whatever efforts they may make to support themselves, and + by the establishment and maintenance of schools to bring them under + the control of civilized influences. I see no reason why Indians who + can give satisfactory proof of having by their own labor supported + their families for a number of years, and who are willing to detach + themselves from their tribal relations, should not be admitted to the + benefit of the homestead act and the privileges of citizenship, and + I recommend the passage of a law to that effect. It will be an act + of justice as well as a measure of encouragement. Earnest efforts + are being made to purify the Indian service, so that every dollar + appropriated by Congress shall redound to the benefit of the Indians, + as intended. Those efforts will have my firm support. With an improved + service and every possible encouragement held out to the Indians + to better their condition and to elevate themselves in the scale of + civilization, we may hope to accomplish at the same time a good work + for them and for ourselves. +</p> +<p> + I invite the attention of Congress to the importance of the statements + and suggestions made by the Secretary of the Interior concerning the + depredations committed on the timber lands of the United States and + the necessity for the preservation of forests. It is believed that + the measures taken in pursuance of existing laws to arrest those + depredations will be entirely successful if Congress, by an + appropriation for that purpose, renders their continued enforcement + possible. The experience of other nations teaches us that a country + can not be stripped of its forests with impunity, and we shall + expose ourselves to the gravest consequences unless the wasteful + and improvident manner in which the forests in the United States + are destroyed be effectually checked. I earnestly recommend that + the measures suggested by the Secretary of the Interior for the + suppression of depredations on the public timber lands of the United + States, for the selling of timber from the public lands, and for the + preservation of forests be embodied in a law, and that, considering + the urgent necessity of enabling the people of certain States and + Territories to purchase timber from the public lands in a legal + manner, which at present they can not do, such a law be passed without + unavoidable delay. I would also call the attention of Congress to + the statements made by the Secretary of the Interior concerning the + disposition that might be made of the desert lands, not irrigable, + west of the one hundredth meridian. These lands are practically + unsalable under existing laws, and the suggestion is worthy of + consideration that a system of leasehold tenure would make them + a source of profit to the United States, while at the same time + legalizing the business of cattle raising which is at present carried + on upon them. +</p> +<p> + The report of the Commissioner of Agriculture contains the gratifying + announcement of the extraordinary success which has rewarded the + agricultural industry of the country for the past year. With the fair + prices which obtain for the products of the soil, especially for the + surplus which our people have to export, we may confidently turn to + this as the most important of all our resources for the revival of the + depressed industries of the country. The report shows our agricultural + progress during the year, and contains a statement of the work done + by this Department for the advancement of agricultural industry, upon + which the prosperity of our people so largely depends. Matters of + information are included of great interest to all who seek, by the + experience of others, to improve their own methods of cultivation. + The efforts of the Department to increase the production of important + articles of consumption will, it is hoped, improve the demand for + labor and advance the business of the country, and eventually result + in saving some of the many millions that are now annually paid to + foreign nations for sugar and other staple products which habitual use + has made necessary in our domestic everyday life. +</p> +<p> + The board on behalf of the United States Executive Departments at the + International Exhibition of 1876 has concluded its labors. The final + report of the board was transmitted to Congress by the President + near the close of the last session. As these papers are understood to + contain interesting and valuable information, and will constitute + the only report emanating from the Government on the subject of the + exhibition, I invite attention to the matter and recommend that the + report be published for general information. +</p> +<p> + Congress is empowered by the Constitution with the authority of + exclusive legislation over the District of Columbia, in which the seat + of Government of the nation is located. The interests of the District, + having no direct representation in Congress, are entitled to especial + consideration and care at the hands of the General Government. The + capital of the United States belongs to the nation, and it is natural + that the American people should take pride in the seat of their + National Government and desire it to be an ornament to the country. + Much has been done to render it healthful, convenient, and attractive, + but much remains to be done, which its permanent inhabitants are not + able and ought not to be expected to do. To impose upon them a large + proportion of the cost required for public improvements, which are + in a great measure planned and executed for the convenience of the + Government and of the many thousands of visitors from all parts of + the country who temporarily reside at the capital of the nation, is an + evident injustice. Special attention is asked by the Commissioners of + the District in their report, which is herewith transmitted, to the + importance of a permanent adjustment by Congress of the financial + relations between the United States and the District, involving + the regular annual contribution by the United States of its just + proportion of the expenses of the District government and of the + outlay for all needed public improvements, and such measure of + relief from the burden of taxation now resting upon the people of the + District as in the wisdom of Congress may be deemed just. +</p> +<p> + The report of the Commissioners shows that the affairs of the District + are in a condition as satisfactory as could be expected in view of the + heavy burden of debt resting upon it and its very limited means for + necessary expenses. +</p> +<p> + The debt of the District is as follows: +</p> + +<table summary="" width="100%"> <tr><td> Old funded debt </td><td +align="right">$8,379,691.96</td></tr> <tr><td> 3.65 bonds, guaranteed by +the United States </td><td align="right">13,743,250.00</td></tr> +<tr><td> </td><td align="right"><hr class="full"></td></tr> <tr><td> +Total bonded debt </td><td align="right">22,122,941.96</td></tr> +<tr><td> To which should be added certain outstanding claims, as +explained in the report of the Commissioners </td><td +align="right">1,187,204.52</td></tr> <tr><td> </td><td align="right"><hr +class="full"></td></tr> <tr><td> Making the total debt of the District +</td><td align="right">23,310,146.48</td></tr> </table> + +<p> + The Commissioners also ask attention to the importance of the + improvement of the Potomac River and the reclamation of the marshes + bordering the city of Washington, and their views upon this subject + are concurred in by the members of the board of health, whose report + is also herewith transmitted. Both the commercial and sanitary + interests of the District will be greatly promoted, I doubt not, + by this improvement. +</p> +<p> + Your attention is invited to the suggestion of the Commissioners and + of the board of health for the organization of a board of charities, + to have supervision and control of the disbursement of all moneys for + charitable purposes from the District treasury. I desire also to ask + your especial attention to the need of adding to the efficiency of the + public schools of the District by supplemental aid from the National + Treasury. This is especially just, since so large a number of those + attending these schools are children of employees of the Government. + I earnestly commend to your care the interests of the people of + the District, who are so intimately associated with the Government + establishments, and to whose enterprise the good order and + attractiveness of the capital are largely due; and I ask your + attention to the request of the Commissioners for legislation in + behalf of the interests intrusted to their care. The appropriations + asked for the care of the reservations belonging to the Government + within the city, by the Commissioner of Public Buildings and Grounds, + are also commended to your favorable consideration. +</p> +<p> + The report of the joint commission created by the act approved 2d of + August, 1876, entitled "An act providing for the completion of the + Washington Monument," is also herewith transmitted, with accompanying + documents. The board of engineer officers detailed to examine the + monument, in compliance with the second section of the act, have + reported that the foundation is insufficient. No authority exists for + making the expenditure necessary to secure its stability. I therefore + recommend that the commission be authorized to expend such portion of + the sum appropriated by the act as may be necessary for the purpose. + The present unfinished condition of the monument, begun so long ago, + is a reproach to the nation. It can not be doubted that the patriotic + sense of the country will warmly respond to such prompt provision + as may be made for its completion at an early day, and I urge upon + Congress the propriety and necessity of immediate legislation for this + purpose. +</p> +<p> + The wisdom of legislation upon the part of Congress, in aid of the + States, for the education of the whole people in those branches of + study which are taught in the common schools of the country is no + longer a question. The intelligent judgment of the country goes still + further, regarding it as also both constitutional and expedient for + the General Government to extend to technical and higher education, + such aid as is deemed essential to the general welfare and to our due + prominence among the enlightened and cultured nations of the world. + The ultimate settlement of all questions of the future, whether of + administration or finance or of true nationality of sentiment, depends + upon the virtue and intelligence of the people. It is vain to hope + for the success of a free government without the means of insuring + the intelligence of those who are the source of power. No less than + one-seventh of the entire voting population of our country are yet + unable to read and write. +</p> +<p> + It is encouraging to observe, in connection with the growth of + fraternal feeling in those States in which slavery formerly existed, + evidences of increasing interest in universal education, and I shall + be glad to give my approval to any appropriate measures which may be + enacted by Congress for the purpose of supplementing with national aid + the local systems of education in those States and in all the States; + and, having already invited your attention to the needs of the + District of Columbia with respect to its public-school system, I here + add that I believe it desirable, not so much with reference to the + local wants of the District, but to the great and lasting benefit + of the entire country, that this system should be crowned with a + university in all respects in keeping with the national capital, and + thereby realize the cherished hopes of Washington on this subject. +</p> +<p> + I also earnestly commend the request of the Regents of the + Smithsonian Institution that an adequate appropriation be made for + the establishment and conduct of a national museum under their + supervision. +</p> +<p> + The question of providing for the preservation and growth of the + Library of Congress is also one of national importance. As the + depository of all copyright publications and records, this library has + outgrown the provisions for its accommodation; and the erection, on + such site as the judgment of Congress may approve, of a fireproof + library building, to preserve the treasures and enlarge the usefulness + of this valuable collection, is recommended. I recommend also such + legislation as will render available and efficient for the purposes + of instruction, so far as is consistent with the public service, the + cabinets or museums of invention, of surgery, of education, and + of agriculture, and other collections the property of the National + Government. +</p> +<p> + The capital of the nation should be something more than a mere + political center. We should avail ourselves of all the opportunities + which Providence has here placed at our command to promote the general + intelligence of the people and increase the conditions most favorable + to the success and perpetuity of our institutions. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 10, 1877</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the information of Congress, a copy of the + report of the commission appointed by me on the 27th of September, + 1877, to examine the several public buildings in this city + and determine the nature and extent of their security against + conflagrations and the measures to be taken to guard the buildings and + their contents from destruction or damage by fire. +</p> +<p> + The records of the Government constitute a most valuable collection + for the country, whether we consider their pecuniary value or their + historical importance; and it becomes my duty to call your attention + to the means suggested for securing these valuable archives, as well + as the buildings in which they are stored. The commissioners + have performed their duties intelligently and faithfully. Their + recommendations are fully concurred in by me and commended to the + favorable consideration of Congress. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 10, 1877</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith an additional report (and an + accompanying statement) addressed to me by the commissioners appointed + under the act of Congress approved July 19, 1876, authorizing the + repavement of that part of Pennsylvania avenue lying between the + Treasury Department and the Capitol Grounds. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 13, 1877</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a special report upon the subject of forestry by + the Commissioner of Agriculture, with the accompanying documents. +</p> +<p class="r"> + R.B. HAYES. +</p> +<center> + [A similar message was sent to the Senate.] +</center> +<p> </p> + +<p class="r"> + WASHINGTON, <i>January 11, 1878</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 3d + ultimo, requesting to be furnished with the correspondence between the + Government of Venezuela and that of the United States had since the + adjournment of the first session of the Forty-fourth Congress in + relation to the Venezuela Mixed Claims Commission, I transmit the + report of the Secretary of State, together with its accompanying + documents. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 14, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received the following resolution of the Senate: +</p> +<p class="q" style="text-align: right;"> + IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,<br> + <i>December 11, 1877.</i> +</p> +<p class="q"> + <i>Resolved</i>, That the President be respectfully requested + to inform the Senate, with the view to the transaction of + its executive business, whether in any of the instances of + nominations hitherto sent to the Senate stated to be for + appointment in place of officers removed such removals had + been made at the time of sending such nominations to the + Senate. +</p> +<p> + In reply I would respectfully inform the Senate that in the instances + referred to removals had not been made at the time the nominations + were sent to the Senate. The form used for such nominations was one + found to have been in existence and heretofore used in some of + the Departments, and was intended to inform the Senate that if the + nomination proposed were approved it would operate to remove an + incumbent whose name was indicated. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 17, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to the resolution of the Senate of the 13th November last + calling for information concerning the cause, numbers engaged, number + of lives lost, and probable cost of the late so-called Nez Percé War, + I have the honor to submit the accompanying communication from the + General of the Army and an extract from the annual report of that + officer. Upon the subject of the cost of the Nez Percé War, I submit + reports from the Quartermaster-General and the Commissary-General of + Subsistence. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>January 18, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a treaty of friendship and commerce between the United + States and the Government of the Samoan Islands, signed on the 17th + instant. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 18, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of December 6, 1877, I + inclose a report made to me by the Attorney-General, the results + of which seem to be correct, and which affords the information<a href="#note-8"><small>8</small></a> + requested. +</p> +<p class="r"> + R.B. HAYES. +</p> +<center> + [A similar message was sent to the House of Representatives, in answer + to a resolution of that body of November 27, 1877.] +</center> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>January 23, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of November 16, 1877, + I transmit reports<a href="#note-9"><small>9</small></a> made to me by the Attorney-General and the + Secretary of the Navy. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 29, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to a resolution of the Senate of the 10th ultimo, I + transmit herewith copies of reports<a href="#note-10"><small>10</small></a> of the Commissioners of + Indian Affairs and General Land Office, dated 9th and 21st instant, + respectively. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 4, 1878</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The commission appointed under the act of Congress approved March + 3, 1873, entitled "An act to authorize inquiries into the causes of + steam-boiler explosions," have addressed a report of progress, made to + date thereof, to the Secretaries of the Treasury and Navy Departments, + which has been transmitted to me by these officers. The commission + also present a copy of a report dated February 27, 1877, which they + say "was mislaid and did not reach the President." These reports are + respectfully submitted for the information of Congress. +</p> +<p> </p> + +<p class="r"> + WASHINGTON, <i>February 6, 1878</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith, in compliance with a resolution of the Senate of + the 6th of December last, a report from the Secretary of State and its + accompanying papers.<a href="#note-11"><small>11</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 11, 1878</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In compliance with the resolution of Congress entitled "Joint + resolution accepting a painting<a href="#note-12"><small>12</small></a> tendered to Congress by Mrs. + Elizabeth Thompson," approved by me on the 1st instant, I have this + day caused a copy of the resolution to be delivered to Mrs. Thompson. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 20, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to the resolution of the Senate of January 30, 1878, + I transmit herewith a report,<a href="#note-13"><small>13</small></a> dated the 16th instant, from the + Commissioner of Indian Affairs. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 20, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate dated December 7, 1877, + I transmit herewith reports from the General of the Army, the + Quartermaster-General, the Commissary-General of Subsistence, and the + Chief of Ordnance, showing what has been the cost (estimated) of the + late war with the Sioux Indians, and what the casualties of rank and + file among the soldiers engaged in said Sioux War. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 27, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the information of the Senate, the reply of + the Commissioner of Agriculture to a resolution of the Senate of the + 20th instant, "relative to the disease prevailing among swine," etc. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>March 21, 1878</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In answer to the resolution of the Senate of the 11th of March + instant, I herewith transmit a report from the Secretary of State, + with accompanying documents.<a href="#note-14"><small>14</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 25, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In further answer to the resolution of the Senate of December 7, + 1877, as to the cost of the Sioux War, I transmit copies of additional + reports on the subject received from the Military Division of the + Missouri. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, D.C., <i>March 27, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the Senate's resolution of the 14th ultimo, requesting to + be furnished with a copy of correspondence between the Government of + the United States and that of China respecting the "Ward" claims and + the claim of Charles E. Hill, I herewith submit a letter from the + Secretary of State, together with its accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>March 29, 1878</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, in compliance with a resolution of the House of + Representatives of the 21st ultimo, a report from the Secretary of + State and its accompanying papers.<a href="#note-15"><small>15</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 2, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of April 16, 1878,1 transmit + herewith reports<a href="#note-16"><small>16</small></a> made to me by the Secretary of the Treasury and + the Attorney-General. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>May 10, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention defining the rights, immunities, and + privileges of consular officers, between the United States and His + Majesty the King of Italy, signed on the 8th instant. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>May 14, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 29th ultimo, I + transmit herewith a report from the Secretary of State, with its + accompanying papers.<a href="#note-17"><small>17</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 17, 1878</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit, for your appropriate action, a communication + from the Secretary of State, on the subject of the result of the + deliberations of the Fishery Commission appointed under certain + provisions of the treaty of Washington, with the accompanying + documents. +</p> +<p> + Article XXII of the treaty provides that any sum of money which the + commissioners may award shall be paid by the United States Government + in a gross sum within twelve months after such award shall have been + given. +</p> +<p> + The commission announced the result of its deliberations on the 23d + day of November last year, and an appropriation at the present session + of Congress will be necessary to enable the Government to make the + payment provided for in the treaty. +</p> +<p> + I respectfully submit to the consideration of Congress the record + of the transaction as presented upon the papers, and recommend an + appropriation of the necessary sum, with such discretion to the + executive government in regard to its payment as in the wisdom of + Congress the public interests may seem to require. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>May 25, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to its + ratification, a consular convention between the United States and the + Netherlands, signed on the 23d instant. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>June 11, 1878</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the + 27th May ultimo, I transmit the response of the Secretary of State, + accompanied by a copy of the papers<a href="#note-18"><small>18</small></a> called for by the resolution. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 12, 1878</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In transmitting herewith to Congress a communication from the + Secretary of State on the subject of the conference provided for + in the act of February 28, 1878, entitled "An act to authorize the + coinage of the standard silver dollar and to restore its legal-tender + character," I respectfully recommend that an adequate appropriation be + made for certain expenses of the conference and of the commissioners + attending the same on behalf of the United States, as suggested in the + communication of the Secretary of State. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 15, 1878</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith the report of the board for + testing iron, steel, and other metals, as requested in the resolution + of the House of Representatives dated April 27, 1878. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>June,7, 1878</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In answer to the resolution of the Senate of the 27th of May ultimo, + I herewith transmit a report from the Secretary of State, with + accompanying documents.<a href="#note-19"><small>19</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>February 28, 1878</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + After a very careful consideration of the House bill No. 1093, + entitled "An act to authorize the coinage of the standard silver + dollar and to restore its legal-tender character," I feel compelled + to return it to the House of Representatives, in which it originated, + with my objections to its passage. +</p> +<p> + Holding the opinion, which I expressed in my annual message, that + "neither the interests of the Government nor of the people of the + United States would be promoted by disparaging silver as one of the + two precious metals which furnish the coinage of the world, and that + legislation which looks to maintaining the volume of intrinsic money + to as full a measure of both metals as their relative commercial + values will permit would be neither unjust nor inexpedient," it has + been my earnest desire to concur with Congress in the adoption of such + measures to increase the silver coinage of the country as would not + impair the obligation of contracts, either public or private, nor + injuriously affect the public credit. It is only upon the conviction + that this bill does not meet these essential requirements that I feel + it my duty to withhold from it my approval. +</p> +<p> + My present official duty as to this bill permits only an attention to + the specific objections to its passage which seem to me so important + as to justify me in asking from the wisdom and duty of Congress that + further consideration of the bill for which the Constitution has in + such cases provided. +</p> +<p> + The bill provides for the coinage of silver dollars of the weight of + 412-1/2 grains each, of standard silver, to be a legal tender at their + nominal value for all debts and dues, public and private, except where + otherwise expressly stipulated in the contract. It is well known that + the market value of that number of grains of standard silver during + the past year has been from 90 to 92 cents as compared with the + standard gold dollar. Thus the silver dollar authorized by this bill + is worth 8 to 10 per cent less than it purports to be worth, and + is made a legal tender for debts contracted when the law did not + recognize such coins as lawful money. +</p> +<p> + The right to pay duties in silver or in certificates for silver + deposits will, when they are issued in sufficient amount to circulate, + put an end to the receipt of revenue in gold, and thus compel the + payment of silver for both the principal and interest of the public + debt. One billion one hundred and forty-three million four hundred + and ninety-three thousand four hundred dollars of the bonded debt now + outstanding was issued prior to February, 1873, when the silver dollar + was unknown in circulation in this country, and was only a convenient + form of silver bullion for exportation; $583,440,350 of the funded + debt has been issued since February, 1873, when gold alone was the + coin for which the bonds were sold, and gold alone was the coin in + which both parties to the contract understood that the bonds would + be paid. These bonds entered into the markets of the world. They were + paid for in gold when silver had greatly depreciated, and when no one + would have bought them if it had been understood that they would be + paid in silver. The sum of $225,000,000 of these bonds has been sold + during my Administration for gold coin, and the United States received + the benefit of these sales by a reduction of the rate of interest to + 4 per cent. During the progress of these sales a doubt was suggested + as to the coin in which payment of these bonds would be made. The + public announcement was thereupon authorized that it was "not to be + anticipated that any future legislation of Congress or any action + of any department of the Government would sanction or tolerate the + redemption of the principal of these bonds or the payment of the + interest thereon in coin of less value than the coin authorized by law + at the time of the issue of the bonds, being the coin exacted by the + Government in exchange for the same." In view of these facts it will + be justly regarded as a grave breach of the public faith to undertake + to pay these bonds, principal or interest, in silver coin worth in the + market less than the coin received for them. +</p> +<p> + It is said that the silver dollar made a legal tender by this bill + will under its operation be equivalent in value to the gold dollar. + Many supporters of the bill believe this, and would not justify an + attempt to pay debts, either public or private, in coin of inferior + value to the money of the world. The capital defect of the bill + is that it contains no provision protecting from its operation + preexisting debts in case the coinage which it creates shall continue + to be of less value than that which was the sole legal tender when + they were contracted. If it is now proposed, for the purpose of taking + advantage of the depreciation of silver in the payment of debts, to + coin and make a legal tender a silver dollar of less commercial value + than any dollar, whether of gold or paper, which is now lawful money + in this country, such measure, it will hardly be questioned, will, + in the judgment of mankind, be an act of bad faith. As to all debts + heretofore contracted, the silver dollar should be made a legal tender + only at its market value. The standard of value should not be changed + without the consent of both parties to the contract. National promises + should be kept with unflinching fidelity. There is no power to compel + a nation to pay its just debts. Its credit depends on its honor. The + nation owes what it has led or allowed its creditors to expect. I can + not approve a bill which in my judgment authorizes the violation of + sacred obligations. The obligation of the public faith transcends + all questions of profit or public advantage. Its unquestionable + maintenance is the dictate as well of the highest expediency as of + the most necessary duty, and should ever be carefully guarded by the + Executive, by Congress, and by the people. +</p> +<p> + It is my firm conviction that if the country is to be benefited by a + silver coinage it can be done only by the issue of silver dollars of + full value, which will defraud no man. A currency worth less than it + purports to be worth will in the end defraud not only creditors, but + all who are engaged in legitimate business, and none more surely than + those who are dependent on their daily labor for their daily bread. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 6, 1878.</i> +</p> +<p> + <i>To the House of Representatives:</i> +</p> +<p> + I return herewith House bill No. 3072, entitled "An act to authorize + a special term of the circuit court of the United States for the + southern district of Mississippi to be held at Scranton, in Jackson + County," with the following objections to its becoming a law: +</p> +<p> + The act provides that a special term of the circuit court of the + United States for the southern district of Mississippi shall be held + at Scranton, in Jackson County, Miss., to begin on the second Monday + in March, 1878, and directs the clerk of said court to "cause notice + of said special term of said court to be published in a newspaper in + Jackson, Miss., and also in a newspaper in Scranton, at least ten days + before the beginning thereof." +</p> +<p> + The act can not be executed, inasmuch as there is not sufficient time + to give the notice of the holding of the special term which Congress + thought proper to require. +</p> +<p> + The number of suits to be tried at the special term in which the + United States is interested is forty-nine, and the amount involved + exceeds $200,000. The Government can not prepare for trial at said + special term, because no fund appropriated by Congress can be made + available for that purpose. If, therefore, the Government is compelled + to go to trial at the special term provided for by this bill, the + United States must be defeated for want of time and means to make + preparation for the proper vindication of its rights. +</p> +<p> + The bill is therefore returned for the further consideration of + Congress. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it is provided in the laws of the United States that whenever, + by reason of unlawful obstructions, combinations or assemblages of + persons, or rebellion against the authority of the Government of the + United States, it shall become impracticable, in the judgment of the + President, to enforce by the ordinary course of judicial proceedings + the laws of the United States within any State or Territory, it shall + be lawful for the President to call forth the militia of any or all + the States and to employ such parts of the land and naval forces of + the United States as he may deem necessary to enforce the faithful + execution of the laws of the United States or to suppress such + rebellion, in whatever State or Territory thereof the laws of the + United States may be forcibly opposed or the execution thereof + forcibly obstructed; and +</p> +<p> + Whereas it has been made to appear to me that, by reason of unlawful + combinations and assemblages of persons in arms, it has become + impracticable to enforce by the ordinary course of judicial + proceedings the laws of the United States within the Territory of New + Mexico, and especially within Lincoln County therein, and that the + laws of the United States have been therein forcibly opposed and the + execution thereof forcibly resisted; and +</p> +<p> + Whereas the laws of the United States require that whenever it may be + necessary, in the judgment of the President, to use the military force + for the purpose of enforcing the faithful execution of the laws of + the United States, he shall forthwith, by proclamation, command such + insurgents to disperse and retire peaceably to their respective abodes + within a limited time: +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do hereby admonish all good citizens of the United States, + and especially of the Territory of New Mexico, against aiding, + countenancing, abetting, or taking part in any such unlawful + proceedings; and I do hereby warn all persons engaged in or connected + with said obstruction of the laws to disperse and retire peaceably to + their respective abodes on or before noon of the 13th day of October + instant. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 7th day of October, A.D. 1878, + and of the Independence of the United States the one hundred and + third. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + F.W. SEWARD,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + The recurrence of that season at which it is the habit of our people + to make devout and public confession of their constant dependence upon + the divine favor for all the good gifts of life and happiness and + of public peace and prosperity exhibits in the record of the year + abundant reasons for our gratitude and thanksgiving. +</p> +<p> + Exuberant harvests, productive mines, ample crops of the staples of + trade and manufactures, have enriched the country. +</p> +<p> + The resources thus furnished to our reviving industry and expanding + commerce are hastening the day when discords and distresses through + the length and breadth of the land will, under the continued favor + of Providence, have given way to confidence and energy and assured + prosperity. +</p> +<p> + Peace with all nations has been maintained unbroken, domestic + tranquillity has prevailed, and the institutions of liberty and + justice which the wisdom and virtue of our fathers established remain + the glory and defense of their children. +</p> +<p> + The general prevalence of the blessings of health through our wide + land has made more conspicuous the sufferings and sorrows which the + dark shadow of pestilence has cast upon a portion of our people. This + heavy affliction even the Divine Ruler has tempered to the suffering + communities in the universal sympathy and succor which have flowed to + their relief, and the whole nation may rejoice in the unity of spirit + in our people by which they cheerfully share one another's burdens. +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do appoint Thursday, the 28th day of November next, as a day + of national thanksgiving and prayer; and I earnestly recommend that, + withdrawing themselves from secular cares and labors, the people of + the United States do meet together on that day in their respective + places of worship, there to give thanks and praise to Almighty God for + His mercies and to devoutly beseech their continuance. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 30th day of October, A.D. 1878, + and of the Independence of the United States the one hundred and + third. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, December 31, 1877</i>. +</p> +<p> +JAMES H. COGGESHALL, Esq.,<br> + <i>Marshal of the United States for the + District of Rhode Island, Providence, R.I.</i> +</p> +<p> + SIR: By virtue of the authority conferred upon me by section 5287 of + the Revised Statutes of the United States, and in execution of the + same, you are hereby empowered and directed to take possession of the + steamer <i>Estelle</i>, now or lately lying at Bristol, in Rhode Island, + and to detain the same until further orders from me concerning the + same, and to employ such portion of the land and naval forces of the + United States as may be necessary for that purpose. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, May 27, 1878</i>. +</p> +<p> + SIR:<a href="#note-20"><small>20</small></a> I am directed by the President to say that the several + Departments of the Government will be closed on Thursday, the 30th + instant, in respect to the memory of those who fell in defense of the + Union, and to enable the employees to participate in the commemorative + ceremonies of the day. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> + W.K. ROGERS,<br> <i>Private Secretary</i>. +</p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SECOND ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 2, 1878</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + Our heartfelt gratitude is due to the Divine Being who holds in His + hands the destinies of nations for the continued bestowal during the + last year of countless blessings upon our country. +</p> +<p> + We are at peace with all other nations. Our public credit has greatly + improved, and is perhaps now stronger than ever before. Abundant + harvests have rewarded the labors of those who till the soil, our + manufacturing industries are reviving, and it is believed that general + prosperity, which has been so long anxiously looked for, is at last + within our reach. +</p> +<p> + The enjoyment of health by our people generally has, however, been + interrupted during the past season by the prevalence of a fatal + pestilence (the yellow fever) in some portions of the Southern States, + creating an emergency which called for prompt and extraordinary + measures of relief. The disease appeared as an epidemic at New Orleans + and at other places on the Lower Mississippi soon after midsummer. + It was rapidly spread by fugitives from the infected cities and + towns, and did not disappear until early in November. The States of + Louisiana, Mississippi, and Tennessee have suffered severely. About + 100,000 cases are believed to have occurred, of which about 20,000, + according to intelligent estimates, proved fatal. It is impossible + to estimate with any approach to accuracy the loss to the country + occasioned by this epidemic. It is to be reckoned by the hundred + millions of dollars. The suffering and destitution that resulted + excited the deepest sympathy in all parts of the Union. Physicians and + nurses hastened from every quarter to the assistance of the afflicted + communities. Voluntary contributions of money and supplies, in every + needed form, were speedily and generously furnished. The Government + was able to respond in some measure to the call for help, by providing + tents, medicines, and food for the sick and destitute, the requisite + directions for the purpose being given in the confident expectation + that this action of the Executive would receive the sanction of + Congress. About 1,800 tents, and rations of the value of about + $25,000, were sent to cities and towns which applied for them, + full details of which will be furnished to Congress by the proper + Department. +</p> +<p> + The fearful spread of this pestilence has awakened a very general + public sentiment in favor of national sanitary administration, which + shall not only control quarantine, but have the sanitary supervision + of internal commerce in times of epidemics, and hold an advisory + relation to the State and municipal health authorities, with power + to deal with whatever endangers the public health, and which the + municipal and State authorities are unable to regulate. The national + quarantine act approved April 29, 1878, which was passed too late in + the last session of Congress to provide the means for carrying it into + practical operation during the past season, is a step in the direction + here indicated. In view of the necessity for the most effective + measures, by quarantine and otherwise, for the protection of our + seaports and the country generally from this and other epidemics, + it is recommended that Congress give to the whole subject early and + careful consideration. +</p> +<p> + The permanent pacification of the country by the complete protection + of all citizens in every civil and political right continues to be of + paramount interest with the great body of our people. Every step + in this direction is welcomed with public approval, and every + interruption of steady and uniform progress to the desired + consummation awakens general uneasiness and widespread condemnation. + The recent Congressional elections have furnished a direct and + trustworthy test of the advance thus far made in the practical + establishment of the right of suffrage secured by the Constitution to + the liberated race in the Southern States. All disturbing influences, + real or imaginary, had been removed from all of these States. +</p> +<p> + The three constitutional amendments which conferred freedom and + equality of civil and political rights upon the colored people of the + South were adopted by the concurrent action of the great body of good + citizens who maintained the authority of the National Government and + the integrity and perpetuity of the Union at such a cost of treasure + and life, as a wise and necessary embodiment in the organic law of the + just results of the war. The people of the former slaveholding States + accepted these results, and gave in every practicable form assurances + that the thirteenth, fourteenth, and fifteenth amendments, and laws + passed in pursuance thereof, should in good faith be enforced, rigidly + and impartially, in letter and spirit, to the end that the humblest + citizen, without distinction of race or color, should under them + receive full and equal protection in person and property and in + political rights and privileges. By these constitutional amendments + the southern section of the Union obtained a large increase of + political power in Congress and in the electoral college, and the + country justly expected that elections would proceed, as to + the enfranchised race, upon the same circumstances of legal and + constitutional freedom and protection which obtained in all the other + States of the Union. The friends of law and order looked forward to + the conduct of these elections as offering to the general judgment of + the country an important opportunity to measure the degree in which + the right of suffrage could be exercised by the colored people and + would be respected by their fellow-citizens; but a more general + enjoyment of freedom of suffrage by the colored people and a more just + and generous protection of that freedom by the communities of which + they form a part were generally anticipated than the record of the + elections discloses. In some of those States in which the colored + people have been unable to make their opinions felt in the elections + the result is mainly due to influences not easily measured or remedied + by legal protection; but in the States of Louisiana and South Carolina + at large, and in some particular Congressional districts outside + of those States, the records of the elections seem to compel the + conclusion that the rights of the colored voters have been overridden + and their participation in the elections not permitted to be either + general or free. +</p> +<p> + It will be for the Congress for which these elections were held to + make such examinations into their conduct as may be appropriate to + determine the validity of the claims of members to their seats. In + the meanwhile it becomes the duty of the executive and judicial + departments of the Government, each in its province, to inquire into + and punish violations of the laws of the United States which have + occurred. I can but repeat what I said in this connection in my last + message, that whatever authority rests with me to this end I shall not + hesitate to put forth; and I am unwilling to forego a renewed appeal + to the legislatures, the courts, the executive authorities, and the + people of the States where these wrongs have been perpetrated to + give their assistance toward bringing to justice the offenders and + preventing a repetition of the crimes. No means within my power will + be spared to obtain a full and fair investigation of the alleged + crimes and to secure the conviction and just punishment of the guilty. +</p> +<p> + It is to be observed that the principal appropriation made for the + Department of Justice at the last session contained the following + clause: +</p> +<p class="q"> + And for defraying the expenses which may be incurred in the + enforcement of the act approved February 28, 1871, entitled + "An act to amend an act approved May 31, 1870, entitled 'An + act to enforce the rights of citizens of the United States + to vote in the several States of this Union, and for other + purposes,'" or any acts amendatory thereof or supplementary + thereto. +</p> +<p> + It is the opinion of the Attorney-General that the expenses of these + proceedings will largely exceed the amount which was thus provided, + and I rely confidently upon Congress to make adequate appropriations + to enable the executive department to enforce the laws. +</p> +<p> + I respectfully urge upon your attention that the Congressional + elections, in every district, in a very important sense, are justly a + matter of political interest and concern throughout the whole country. + Each State, every political party, is entitled to the share of power + which is conferred by the legal and constitutional suffrage. It is the + right of every citizen possessing the qualifications prescribed by + law to cast one unintimidated ballot and to have his ballot honestly + counted. So long as the exercise of this power and the enjoyment of + this right are common and equal, practically as well as formally, + submission to the results of the suffrage will be accorded loyally and + cheerfully, and all the departments of Government will feel the + true vigor of the popular will thus expressed. No temporary or + administrative interests of Government, however urgent or weighty, + will ever displace the zeal of our people in defense of the primary + rights of citizenship. They understand that the protection of liberty + requires the maintenance in full vigor of the manly methods of free + speech, free press, and free suffrage, and will sustain the full + authority of Government to enforce the laws which are framed to + preserve these inestimable rights. The material progress and welfare + of the States depend on the protection afforded to their citizens. + There can be no peace without such protection, no prosperity without + peace, and the whole country is deeply interested in the growth and + prosperity of all its parts. +</p> +<p> + While the country has not yet reached complete unity of feeling + and reciprocal confidence between the communities so lately and so + seriously estranged, I feel an absolute assurance that the tendencies + are in that direction, and with increasing force. The power of public + opinion will override all political prejudices and all sectional or + State attachments in demanding that all over our wide territory the + name and character of citizen of the United States shall mean one and + the same thing and carry with them unchallenged security and respect. +</p> +<p> + Our relations with other countries continue peaceful. Our neutrality + in contests between foreign powers has been maintained and respected. +</p> +<p> + The Universal Exposition held at Paris during the past summer has been + attended by large numbers of our citizens. The brief period allowed + for the preparation and arrangement of the contributions of our + citizens to this great exposition was well employed in energetic and + judicious efforts to overcome this disadvantage. These efforts, led + and directed by the commissioner-general, were remarkably successful, + and the exhibition of the products of American industry was creditable + and gratifying in scope and character. The reports of the United + States commissioners, giving its results in detail, will be duly laid + before you. Our participation in this international competition for + the favor and the trade of the world may be expected to produce useful + and important results—in promoting intercourse, friendship, and + commerce with other nations. +</p> +<p> + In accordance with the provisions of the act of February 28, 1878, + three commissioners were appointed to an international conference on + the subject of adopting a common ratio between gold and silver, for + the purpose of establishing internationally the use of bimetallic + money and securing fixity of relative value between those metals. +</p> +<p> + Invitations were addressed to the various governments which had + expressed a willingness to participate in its deliberations. The + conference held its meetings in Paris in August last. The report + of the commissioners, herewith submitted, will show its results. + No common ratio between gold and silver could be agreed upon by the + conference. The general conclusion was reached that it is necessary to + maintain in the world the monetary functions of silver as well as of + gold, leaving the selection of the use of one or the other of these + two metals, or of both, to be made by each state. +</p> +<p> + Congress having appropriated at its last session the sum of $5,500,000 + to pay the award of the joint commission at Halifax, if, after + correspondence with the British Government on the subject of the + conformity of the award to the requirements of the treaty and to + the terms of the question thereby submitted to the commission, the + President shall deem it his duty to make the payment, communications + upon these points were addressed to the British Government through + the legation of the United States at London. Failing to obtain the + concurrence of the British Government in the views of this Government + respecting the award, I have deemed it my duty to tender the sum named + within the year fixed by the treaty, accompanied by a notice of the + grounds of the payment and a protest against any other construction + of the same. The correspondence upon this subject will be laid before + you. +</p> +<p> + The Spanish Government has officially announced the termination of + the insurrection in Cuba and the restoration of peace throughout that + island. Confident expectations are expressed of a revival of trade + and prosperity, which it is earnestly hoped may prove well founded. + Numerous claims of American citizens for relief for injuries + or restoration of property have been among the incidents of the + long-continued hostilities. Some of these claims are in process of + adjustment by Spain, and the others are promised early and careful + consideration. +</p> +<p> + The treaty made with Italy in regard to reciprocal consular privileges + has been duly ratified and proclaimed. +</p> +<p> + No questions of grave importance have arisen with any other of the + European powers. +</p> +<p> + The Japanese Government has been desirous of a revision of such parts + of its treaties with foreign powers as relate to commerce, and it is + understood has addressed to each of the treaty powers a request to + open negotiations with that view. The United States Government has + been inclined to regard the matter favorably. Whatever restrictions + upon trade with Japan are found injurious to that people can not but + affect injuriously nations holding commercial intercourse with them. + Japan, after a long period of seclusion, has within the past few years + made rapid strides in the path of enlightenment and progress, and, not + unreasonably, is looking forward to the time when her relations with + the nations of Europe and America shall be assimilated to those which + they hold with each other. A treaty looking to this end has been made, + which will be submitted for the consideration of the Senate. +</p> +<p> + After an interval of several years the Chinese Government has again + sent envoys to the United States. They have been received, and a + permanent legation is now established here by that Government. It is + not doubted that this step will be of advantage to both nations in + promoting friendly relations and removing causes of difference. +</p> +<p> + The treaty with the Samoan Islands, having been duly ratified and + accepted on the part of both Governments, is now in operation, and a + survey and soundings of the harbor of Pago-Pago have been made by a + naval vessel of the United States, with a view of its occupation as + a naval station if found desirable to the service. +</p> +<p> + Since the resumption of diplomatic relations with Mexico + correspondence has been opened and still continues between the two + Governments upon the various questions which at one time seemed to + endanger their relations. While no formal agreement has been reached + as to the troubles on the border, much has been done to repress and + diminish them. The effective force of United States troops on the Rio + Grande, by a strict and faithful compliance with instructions, has + done much to remove the sources of dispute, and it is now understood + that a like force of Mexican troops on the other side of the river is + also making an energetic movement against the marauding Indian tribes. + This Government looks with the greatest satisfaction upon every + evidence of strength in the national authority of Mexico, and upon + every effort put forth to prevent or to punish incursions upon our + territory. Reluctant to assume any action or attitude in the control + of these incursions by military movements across the border not + imperatively demanded for the protection of the lives and property + of our own citizens, I shall take the earliest opportunity consistent + with the proper discharge of this plain duty to recognize the ability + of the Mexican Government to restrain effectively violations of + our territory. It is proposed to hold next year an international + exhibition in Mexico, and it is believed that the display of the + agricultural and manufacturing products of the two nations will tend + to better understanding and increased commercial intercourse between + their people. +</p> +<p> + With Brazil and the Republics of Central and South America some + steps have been taken toward the development of closer commercial + intercourse. Diplomatic relations have been resumed with Colombia and + with Bolivia. A boundary question between the Argentine Republic and + Paraguay has been submitted by those Governments for arbitration + to the President of the United States, and I have, after careful + examination, given a decision upon it. +</p> +<p> + A naval expedition up the Amazon and Madeira rivers has brought back + information valuable both for scientific and commercial purposes. A + like expedition is about visiting the coast of Africa and the Indian + Ocean. The reports of diplomatic and consular officers in relation + to the development of our foreign commerce have furnished many facts + that have proved of public interest and have stimulated to practical + exertion the enterprise of our people. +</p> +<p> + The report of the Secretary of the Treasury furnishes a detailed + statement of the operations of that Department of the Government and + of the condition of the public finances. +</p> +<p> + The ordinary revenues from all sources for the fiscal year ended June + 30, 1878, were $257,763,878.70; the ordinary expenditures for the same + period were $236,964,326.80, leaving a surplus revenue for the year of + $20,799,551.90. The receipts for the present fiscal year, ending June + 30, 1879, actual and estimated, are as follows: Actual receipts for + the first quarter, commencing July 1, 1878, $73,389,743.43; + estimated receipts for the remaining three quarters of the year, + $191,110,256.57; total receipts for the current fiscal year, actual + and estimated, $264,500,000. The expenditures for the same period will + be, actual and estimated, as follows: For the quarter commencing July + 1, 1878, actual expenditures, $73,344,573.27; and for the remaining + three quarters of the year the expenditures are estimated at + $166,755,426.73, making the total expenditures $240,100,000, and + leaving an estimated surplus revenue for the year ending June 30, + 1879, of $24,400,000. The total receipts during the next fiscal year, + ending June 30, 1880, estimated according to existing laws, will be + $264,500,000, and the estimated ordinary expenditures for the same + period will be $236,320,412.68, leaving a surplus of $28,179,587.32 + for that year. +</p> +<p> + In the foregoing statements of expenditures, actual and estimated, + no amount is allowed for the sinking fund provided for by the act + approved February 25, 1862, which requires that 1 per cent of the + entire debt of the United States shall be purchased or paid within + each fiscal year, to be set apart as a sinking fund. There has been, + however, a substantial compliance with the conditions of the law. By + its terms the public debt should have been reduced between 1862 + and the close of the last fiscal year $518,361,806.28; the + actual reduction of the ascertained debt in that period has been + $720,644,739.61, being in excess of the reduction required by the + sinking fund act $202,282,933.33. +</p> +<p> + The amount of the public debt, less cash in the Treasury, November 1, + 1878, was $2,024,200,083.18, a reduction since the same date last year + of $23,150,617.39. +</p> +<p> + The progress made during the last year in refunding the public debt at + lower rates of interest is very gratifying. The amount of 4 per cent + bonds sold during the present year prior to November 23, 1878, is + $100,270,900, and 6 per cent bonds, commonly known as five-twenties, + to an equal amount, have been or will be redeemed as calls mature. +</p> +<p> + It has been the policy of the Department to place the 4 per cent bonds + within easy reach of every citizen who desires to invest his savings, + whether small or great, in these securities. The Secretary of the + Treasury recommends that the law be so modified that small sums may + be invested, and that through the post-offices or other agents of the + Government the freest opportunity may be given in all parts of the + country for such investments. +</p> +<p> + The best mode suggested is that the Department be authorized to issue + certificates of deposit, of the denomination of $10, bearing interest + at the rate of 3.65 per cent per annum and convertible at any time + within one year after their issue into the 4 per cent bonds authorized + by the refunding act, and to be issued only in exchange for United + States notes sent to the Treasury by mail or otherwise. Such a + provision of law, supported by suitable regulations, would enable any + person readily, without cost or risk, to convert his money into an + interest-bearing security of the United States, and the money so + received could be applied to the redemption of 6 per cent bonds. +</p> +<p> + The coinage of gold during the last fiscal year was $52,798,980. The + coinage of silver dollars under the act passed February 28, 1878, + amounted on the 23d of November, 1878, to $19,814,550, of which amount + $4,984,947 are in circulation, and the balance, $14,829,603, is still + in the possession of the Government. +</p> +<p> + With views unchanged with regard to the act under which the coinage of + silver proceeds, it has been the purpose of the Secretary faithfully + to execute the law and to afford a fair trial to the measure. +</p> +<p> + In the present financial condition of the country I am persuaded that + the welfare of legitimate business and industry of every description + will be best promoted by abstaining from all attempts to make radical + changes in the existing financial legislation. Let it be understood + that during the coming year the business of the country will be + undisturbed by governmental interference with the laws affecting it, + and we may confidently expect that the resumption of specie payments, + which will take place at the appointed time, will be successfully and + easily maintained, and that it will be followed by a healthful and + enduring revival of business prosperity. +</p> +<p> + Let the healing influence of time, the inherent energies of our + people, and the boundless resources of our country have a fair + opportunity, and relief from present difficulties will surely follow. +</p> +<p> + The report of the Secretary of War shows that the Army has been well + and economically supplied; that our small force has been actively + employed and has faithfully performed all the service required of it. + The morale of the Army has improved and the number of desertions has + materially decreased during the year. +</p> +<p> + The Secretary recommends— +</p> +<p> + 1. That a pension be granted to the widow of the late Lieutenant Henry + H. Benner, Eighteenth Infantry, who lost his life by yellow fever + while in command of the steamer <i>J.M. Chambers</i>, sent with supplies + for the relief of sufferers in the South from that disease. +</p> +<p> + 2. The establishment of the annuity scheme for the benefit of the + heirs of deceased officers, as suggested by the Paymaster-General. +</p> +<p> + 3. The adoption by Congress of a plan for the publication of the + records of the War of the Rebellion, now being prepared for that + purpose. +</p> +<p> + 4. The increase of the extra per diem of soldier teachers employed in + post schools, and liberal appropriations for the erection of buildings + for schools and libraries at the different posts. +</p> +<p> + 5. The repeal or amendment of the act of June 18, 1878, forbidding the + use of the Army "as a <i>posse comitatus</i>, or otherwise, for the + purpose of executing the laws, except in such cases and under such + circumstances as such employment of said force may be expressly + authorized by the Constitution or by act of Congress." +</p> +<p> + 6. The passage of a joint resolution of Congress legalizing the issues + of rations, tents, and medicines which were made for the relief of + sufferers from yellow fever. +</p> +<p> + 7. That provision be made for the erection of a fireproof building for + the preservation of certain valuable records, now constantly exposed + to destruction by fire. +</p> +<p> + These recommendations are all commended to your favorable + consideration. +</p> +<p> + The report of the Secretary of the Navy shows that the Navy + has improved during the last fiscal year. Work has been done on + seventy-five vessels, ten of which have been thoroughly repaired + and made ready for sea. Two others are in rapid progress toward + completion. The total expenditures of the year, including the + amount appropriated for the deficiencies of the previous year, were + $17,468,392.65. The actual expenses chargeable to the year, exclusive + of these deficiencies, were $13,306,914.09, or $767,199.18 less than + those of the previous year, and $4,928,677.74 less than the expenses + including the deficiencies. The estimates for the fiscal year ending + June 30, 1880, are $14,562,381.45, exceeding the appropriations of + the present year only $33,949.75, which excess is occasioned by the + demands of the Naval Academy and the Marine Corps, as explained in the + Secretary's report. The appropriations for the present fiscal year are + $14,528,431.70, which, in the opinion of the Secretary, will be ample + for all the current expenses of the Department during the year. The + amount drawn from the Treasury from July 1 to November 1, 1878, is + $4,740,544.14, of which $70,980.75 has been refunded, leaving as the + expenditure for that period $4,669,563.39, or $520,899.24 less than + the corresponding period of the last fiscal year. +</p> +<p> + The report of the Postmaster-General embraces a detailed statement of + the operations of the Post-Office Department. The expenditures of + that Department for the fiscal year ended June 30, 1878, were + $34,165,084.49. The receipts, including sales of stamps, money-order + business, and official stamps, were $29,277,516.95. The sum of + $290,436.90, included in the foregoing statement of expenditures, is + chargeable to preceding years, so that the actual expenditures for the + fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn + from the Treasury on appropriations, in addition to the revenues of + the Department, was $5,307,652.82. The expenditures for the fiscal + year ending June 30, 1880, are estimated at $36,571,900 and the + receipts from all sources at $30,664,023.90, leaving a deficiency to + be appropriated out of the Treasury of $5,907,876.10. The report calls + attention to the fact that the compensation of postmasters and of + railroads for carrying the mail is regulated by law, and that the + failure of Congress to appropriate the amounts required for these + purposes does not relieve the Government of responsibility, but + necessarily increases the deficiency bills which Congress will be + called upon to pass. +</p> +<p> + In providing for the postal service the following questions are + presented: Should Congress annually appropriate a sum for its expenses + largely in excess of its revenues, or should such rates of postage be + established as will make the Department self-sustaining? Should the + postal service be reduced by excluding from the mails matter which + does not pay its way? Should the number of post routes be diminished? + Should other methods be adopted which will increase the revenues or + diminish the expenses of the postal service? +</p> +<p> + The International Postal Congress which met at Paris May 1, 1878, and + continued in session until June 4 of the same year, was composed of + delegates from nearly all the civilized countries of the world. It + adopted a new convention (to take the place of the treaty concluded + at Berne October 9, 1874), which goes into effect on the 1st of April, + 1879, between the countries whose delegates have signed it. It was + ratified and approved, by and with the consent of the President, + August 13, 1878. A synopsis of this Universal Postal Convention will + be found in the report of the Postmaster-General, and the full text + in the appendix thereto. In its origin the Postal Union comprised + twenty-three countries, having a population of 350,000,000 people. + On the 1st of April next it will comprise forty-three countries and + colonies, with a population of more than 650,000,000 people, and will + soon, by the accession of the few remaining countries and colonies + which maintain organized postal services, constitute in fact as well + as in name, as its new title indicates, a universal union, regulating, + upon a uniform basis of cheap postage rates, the postal intercourse + between all civilized nations. +</p> +<p> + Some embarrassment has arisen out of the conflict between the customs + laws of this country and the provisions of the Postal Convention in + regard to the transmission of foreign books and newspapers to this + country by mail. It is hoped that Congress will be able to devise some + means of reconciling the difficulties which have thus been created, so + as to do justice to all parties involved. +</p> +<p> + The business of the Supreme Court and of the courts in many of the + circuits has increased to such an extent during the past year that + additional legislation is imperative to relieve and prevent the + delay of justice and possible oppression to suitors which is thus + occasioned. The encumbered condition of these dockets is presented + anew in the report of the Attorney-General, and the remedy suggested + is earnestly urged for Congressional action. The creation of + additional circuit judges, as proposed, would afford a complete + remedy, and would involve an expense, at the present rate of salaries, + of not more than $60,000 a year. +</p> +<p> + The annual reports of the Secretary of the Interior and of the + Commissioner of Indian Affairs present an elaborate account of the + present condition of the Indian tribes and of that branch of the + public service which ministers to their interests. While the conduct + of the Indians generally has been orderly and their relations with + their neighbors friendly and peaceable, two local disturbances have + occurred, which were deplorable in their character, but remained, + happily, confined to a comparatively small number of Indians. The + discontent among the Bannocks, which led first to some acts of + violence on the part of some members of the tribe and finally to the + outbreak, appears to have been caused by an insufficiency of food + on the reservation, and this insufficiency to have been owing to the + inadequacy of the appropriations made by Congress to the wants of the + Indians at a time when the Indians were prevented from supplying the + deficiency by hunting. After an arduous pursuit by the troops of + the United States, and several engagements, the hostile Indians + were reduced to subjection, and the larger part of them surrendered + themselves as prisoners. In this connection I desire to call attention + to the recommendation made by the Secretary of the Interior, that + a sufficient fund be placed at the disposal of the Executive, to be + used, with proper accountability, at discretion, in sudden emergencies + of the Indian service. +</p> +<p> + The other case of disturbance was that of a band of Northern + Cheyennes, who suddenly left their reservation in the Indian Territory + and marched rapidly through the States of Kansas and Nebraska in the + direction of their old hunting grounds, committing murders and other + crimes on their way. From documents accompanying the report of the + Secretary of the Interior it appears that this disorderly band was as + fully supplied with the necessaries of life as the 4,700 other Indians + who remained quietly on the reservation, and that the disturbance + was caused by men of a restless and mischievous disposition among the + Indians themselves. Almost the whole of this band have surrendered to + the military authorities; and it is a gratifying fact that when some + of them had taken refuge in the camp of the Red Cloud Sioux, with whom + they had been in friendly relations, the Sioux held them as prisoners + and readily gave them up to the officers of the United States, thus + giving new proof of the loyal spirit which, alarming rumors to the + contrary notwithstanding, they have uniformly shown ever since the + wishes they expressed at the council of September, 1877, had been + complied with. +</p> +<p> + Both the Secretary of the Interior and the Secretary of War unite + in the recommendation that provision be made by Congress for the + organization of a corps of mounted "Indian auxiliaries," to be under + the control of the Army and to be used for the purpose of keeping the + Indians on their reservations and preventing or repressing disturbance + on their part. I earnestly concur in this recommendation. It is + believed that the organization of such a body of Indian cavalry, + receiving a moderate pay from the Government, would considerably + weaken the restless element among the Indians by withdrawing from it + a number of young men and giving them congenial employment under + the Government, it being a matter of experience that Indians in our + service almost without exception are faithful in the performance of + the duties assigned to them. Such an organization would materially + aid the Army in the accomplishment of a task for which its numerical + strength is sometimes found insufficient. +</p> +<p> + But while the employment of force for the prevention or repression + of Indian troubles is of occasional necessity, and wise preparation + should be made to that end, greater reliance must be placed on humane + and civilizing agencies for the ultimate solution of what is called + the Indian problem. It may be very difficult and require much + patient effort to curb the unruly spirit of the savage Indian to the + restraints of civilized life, but experience shows that it is not + impossible. Many of the tribes which are now quiet and orderly and + self-supporting were once as savage as any that at present roam + over the plains or in the mountains of the far West, and were then + considered inaccessible to civilizing influences. It may be impossible + to raise them fully up to the level of the white population of the + United States; but we should not forget that they are the aborigines + of the country, and called the soil their own on which our people have + grown rich, powerful, and happy. We owe it to them as a moral duty to + help them in attaining at least that degree of civilization which they + may be able to reach. It is not only our duty, it is also our interest + to do so. Indians who have become agriculturists or herdsmen, and feel + an interest in property, will thenceforth cease to be a warlike and + disturbing element. It is also a well-authenticated fact that Indians + are apt to be peaceable and quiet when their children are at school, + and I am gratified to know, from the expressions of Indians themselves + and from many concurring reports, that there is a steadily increasing + desire, even among Indians belonging to comparatively wild tribes, to + have their children educated. I invite attention to the reports of + the Secretary of the Interior and the Commissioner of Indian Affairs + touching the experiment recently inaugurated, in taking fifty Indian + children, boys and girls, from different tribes, to the Hampton Normal + Agricultural Institute in Virginia, where they are to receive an + elementary English education and training in agriculture and other + useful works, to be returned to their tribes, after the completed + course, as interpreters, instructors, and examples. It is reported + that the officer charged with the selection of those children might + have had thousands of young Indians sent with him had it been possible + to make provision for them. I agree with the Secretary of the + Interior in saying that "the result of this interesting experiment, + if favorable, may be destined to become an important factor in the + advancement of civilization among the Indians." +</p> +<p> + The question whether a change in the control of the Indian service + should be made was at the last session of Congress referred to a + committee for inquiry and report. Without desiring to anticipate + that report, I venture to express the hope that in the decision of so + important a question the views expressed above may not be lost sight + of, and that the decision, whatever it may be, will arrest further + agitation of this subject, such agitation being apt to produce + a disturbing effect upon the service, as well as on the Indians + themselves. +</p> +<p> + In the enrollment of the bill making appropriations for sundry civil + expenses, at the last session of Congress, that portion which provided + for the continuation of the Hot Springs Commission was omitted. As + the commission had completed the work of taking testimony on the many + conflicting claims, the suspension of their labors, before determining + the rights of claimants, threatened for a time to embarrass the + interests, not only of the Government, but also of a large number + of the citizens of Hot Springs, who were waiting for final action on + their claims before beginning contemplated improvements. In order + to prevent serious difficulties, which were apprehended, and at + the solicitation of many leading citizens of Hot Springs and others + interested in the welfare of the town, the Secretary of the Interior + was authorized to request the late commissioners to take charge of + the records of their proceedings and to perform such work as could + properly be done by them under such circumstances to facilitate the + future adjudication of the claims at an early day and to preserve + the status of the claimants until their rights should be finally + determined. The late commissioners complied with that request, and + report that the testimony in all the cases has been written out, + examined, briefed, and so arranged as to facilitate an early + settlement when authorized by law. It is recommended that the + requisite authority be given at as early a day in the session + as possible, and that a fair compensation be allowed the late + commissioners for the expense incurred and the labor performed + by them since the 25th of June last. +</p> +<p> + I invite the attention of Congress to the recommendations made by + the Secretary of the Interior with regard to the preservation of the + timber on the public lands of the United States. The protection of + the public property is one of the first duties of the Government. The + Department of the Interior should therefore be enabled by sufficient + appropriations to enforce the laws in that respect. But this matter + appears still more important as a question of public economy. The + rapid destruction of our forests is an evil fraught with the gravest + consequences, especially in the mountainous districts, where the rocky + slopes, once denuded of their trees, will remain so forever. There + the injury, once done, can not be repaired. I fully concur with + the Secretary of the Interior in the opinion that for this reason + legislation touching the public timber in the mountainous States and + Territories of the West should be especially well considered, and + that existing laws in which the destruction of the forests is not + sufficiently guarded against should be speedily modified. A general + law concerning this important subject appears to me to be a matter of + urgent public necessity. +</p> +<p> + From the organization of the Government the importance of encouraging + by all possible means the increase of our agricultural productions + has been acknowledged and urged upon the attention of Congress and the + people as the surest and readiest means of increasing our substantial + and enduring prosperity. +</p> +<p> + The words of Washington are as applicable to-day as when, in his + eighth annual message, he said: +</p> +<p class="q"> + It will not be doubted that, with reference either to + individual or national welfare, agriculture is of primary + importance. In proportion as nations advance in population + and other circumstances of maturity this truth becomes more + apparent, and renders the cultivation of the soil more and + more an object of public patronage. Institutions for promoting + it grow up, supported by the public purse; and to what object + can it be dedicated with greater propriety? Among the means + which have been employed to this end none have been attended + with greater success than the establishment of boards + (composed of proper characters) charged with collecting and + diffusing information, and enabled by premiums and small + pecuniary aids to encourage and assist a spirit of discovery + and improvement. This species of establishment contributes + doubly to the increase of improvement, by stimulating to + enterprise and experiment, and by drawing to a common center + the results everywhere of individual skill and observation + and spreading them thence over the whole nation. Experience + accordingly hath shewn that they are very cheap instruments of + immense national benefits. +</p> +<p> + The preponderance of the agricultural over any other interest in the + United States entitles it to all the consideration claimed for it by + Washington. About one-half of the population of the United States is + engaged in agriculture. The value of the agricultural products of the + United States for the year 1878 is estimated at $3,000,000,000. The + exports of agricultural products for the year 1877, as appears from + the report of the Bureau of Statistics, were $524,000,000. The great + extent of our country, with its diversity of soil and climate, enables + us to produce within our own borders and by our own labor not only the + necessaries, but most of the luxuries, that are consumed in civilized + countries. Yet, notwithstanding our advantages of soil, climate, and + intercommunication, it appears from the statistical statements in the + report of the Commissioner of Agriculture that we import annually from + foreign lands many millions of dollars worth of agricultural products + which could be raised in our own country. +</p> +<p> + Numerous questions arise in the practice of advanced agriculture + which can only be answered by experiments, often costly and sometimes + fruitless, which are beyond the means of private individuals and are + a just and proper charge on the whole nation for the benefit of the + nation. It is good policy, especially in times of depression + and uncertainty in other business pursuits, with a vast area of + uncultivated, and hence unproductive, territory, wisely opened to + homestead settlement, to encourage by every proper and legitimate + means the occupation and tillage of the soil. The efforts of + the Department of Agriculture to stimulate old and introduce new + agricultural industries, to improve the quality and increase the + quantity of our products, to determine the value of old or establish + the importance of new methods of culture, are worthy of your careful + and favorable consideration, and assistance by such appropriations of + money and enlargement of facilities as may seem to be demanded by the + present favorable conditions for the growth and rapid development of + this important interest. +</p> +<p> + The abuse of animals in transit is widely attracting public attention. + A national convention of societies specially interested in the subject + has recently met at Baltimore, and the facts developed, both in regard + to cruelties to animals and the effect of such cruelties upon the + public health, would seem to demand the careful consideration of + Congress and the enactment of more efficient laws for the prevention + of these abuses. +</p> +<p> + The report of the Commissioner of the Bureau of Education shows + very gratifying progress throughout the country in all the interests + committed to the care of this important office. The report is + especially encouraging with respect to the extension of the advantages + of the common-school system in sections of the country where the + general enjoyment of the privilege of free schools is not yet + attained. +</p> +<p> + To education more than to any other agency we are to look as the + resource for the advancement of the people in the requisite knowledge + and appreciation of their rights and responsibilities as citizens, and + I desire to repeat the suggestion contained in my former message in + behalf of the enactment of appropriate measures by Congress for + the purpose of supplementing with national aid the local systems of + education in the several States. +</p> +<p> + Adequate accommodations for the great library, which is overgrowing + the capacity of the rooms now occupied at the Capitol, should be + provided without further delay. This invaluable collection of books, + manuscripts, and illustrative art has grown to such proportions, in + connection with the copyright system of the country, as to demand the + prompt and careful attention of Congress to save it from injury in its + present crowded and insufficient quarters. As this library is national + in its character, and must from the nature of the case increase even + more rapidly in the future than in the past, it can not be doubted + that the people will sanction any wise expenditure to preserve it and + to enlarge its usefulness. +</p> +<p> + The appeal of the Regents of the Smithsonian Institution for the means + to organize, exhibit, and make available for the public benefit the + articles now stored away belonging to the National Museum I heartily + recommend to your favorable consideration. +</p> +<p> + The attention of Congress is again invited to the condition of + the river front of the city of Washington. It is a matter of vital + importance to the health of the residents of the national capital, + both temporary and permanent, that the lowlands in front of the city, + now subject to tidal overflow, should be reclaimed. In their present + condition these flats obstruct the drainage of the city and are a + dangerous source of malarial poison. The reclamation will improve the + navigation of the river by restricting, and consequently deepening, + its channel, and is also of importance when considered in connection + with the extension of the public ground and the enlargement of the + park west and south of the Washington Monument. The report of the + board of survey, heretofore ordered by act of Congress, on + the improvement of the harbor of Washington and Georgetown, is + respectfully commended to consideration. +</p> +<p> + The report of the Commissioners of the District of Columbia presents + a detailed statement of the affairs of the District. +</p> +<p> + The relative expenditures by the United States and the District for + local purposes is contrasted, showing that the expenditures by the + people of the District greatly exceed those of the General Government. + The exhibit is made in connection with estimates for the requisite + repair of the defective pavements and sewers of the city, which is + a work of immediate necessity; and in the same connection a plan is + presented for the permanent funding of the outstanding securities of + the District. +</p> +<p> + The benevolent, reformatory, and penal institutions of the District + are all entitled to the favorable attention of Congress. The Reform + School needs additional buildings and teachers. Appropriations which + will place all of these institutions in a condition to become models + of usefulness and beneficence will be regarded by the country as + liberality wisely bestowed. +</p> +<p> + The Commissioners, with evident justice, request attention to the + discrimination made by Congress against the District in the donation + of land for the support of the public schools, and ask that the same + liberality that has been shown to the inhabitants of the various + States and Territories of the United States may be extended to the + District of Columbia. +</p> +<p> + The Commissioners also invite attention to the damage inflicted upon + public and private interests by the present location of the depots and + switching tracks of the several railroads entering the city, and ask + for legislation looking to their removal. The recommendations and + suggestions contained in the report will, I trust, receive the careful + consideration of Congress. +</p> +<p> + Sufficient time has, perhaps, not elapsed since the reorganization + of the government of the District under the recent legislation + of Congress for the expression of a confident opinion as to its + successful operation, but the practical results already attained are + so satisfactory that the friends of the new government may well + urge upon Congress the wisdom of its continuance, without essential + modification, until by actual experience its advantages and defects + may be more fully ascertained. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 4, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate with a view to + ratification, a declaration respecting trade-marks between the United + States and Brazil, concluded and signed at Rio de Janeiro on the 24th + day of September last. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>December 4, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate with a view to + ratification, a convention revising certain portions of existing + commercial treaties and further extending commercial intercourse + between the United States and Japan, concluded and signed at + Washington on the 25th day of July last. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>December 9, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, together + with the copies of papers<a href="#note-21"><small>21</small></a> therein referred to, in compliance with + the resolution of the Senate of the 27th of May last. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>December 16, 1878</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the + 5th instant, I transmit herewith a report from the Secretary of State, + with its accompanying papers.<a href="#note-22"><small>22</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 17, 1878</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 5th instant, + requesting the transmission to the Senate of "any information which + may have been received by the Departments concerning postal and + commercial intercourse between the United States and South American + countries, together with any recommendations desirable to be submitted + of measures to be adopted for facilitating and improving such + intercourse," I transmit herewith reports from the Secretary of State + and the Postmaster-General, with accompanying papers. +</p> +<p> + The external commerce of the United States has for many years been + the subject of solicitude because of the outward drain of the precious + metals it has caused. For fully twenty years previous to 1877 the + shipment of gold was constant and heavy—so heavy during the entire + period of the suspension of specie payments as to preclude the hope of + resumption safely during its continuance. In 1876, however, vigorous + efforts were made by enterprising citizens of the country, and have + since been continued, to extend our general commerce with foreign + lands, especially in manufactured articles, and these efforts have + been attended with very marked success. +</p> +<p> + The importation of manufactured goods was at the same time reduced in + an equal degree, and the result has been an extraordinary reversal + of the conditions so long prevailing and a complete cessation of + the outward drain of gold. The official statement of the values + represented in foreign commerce will show the unprecedented magnitude + to which the movement has attained, and the protection thus secured to + the public interests at the time when commercial security has become + indispensable. +</p> +<p> + The agencies through which this change has been effected must be + maintained and strengthened if the future is to be made secure. A + return to excessive imports or to a material decline in export trade + would render possible a return to the former condition of adverse + balances, with the inevitable outward drain of gold as a necessary + consequence. Every element of aid to the introduction of the + products of our soil and manufactures into new markets should be made + available. At present such is the favor in which many of the products + of the United States are held that they obtain a remunerative + distribution, notwithstanding positive differences of cost resulting + from our defective shipping and the imperfection of our arrangements + in every respect, in comparison with those of our competitors, for + conducting trade with foreign markets. +</p> +<p> + If we have equal commercial facilities, we need not fear competition + anywhere. +</p> +<p> + The laws have now directed a resumption of financial equality with + other nations, and have ordered a return to the basis of coin values. + It is of the greatest importance that the commercial condition now + fortunately attained shall be made permanent, and that our rapidly + increasing export trade shall not be allowed to suffer for want of the + ordinary means of communication with other countries. +</p> +<p> + The accompanying reports contain a valuable and instructive summary of + information with respect to our commercial interests in South America, + where an inviting field for the enterprise of our people is presented. + They are transmitted with the assurance that any measures that may be + enacted in furtherance of these important interests will meet with my + cordial approval. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 7, 1879.</i> +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 4th + of December last, I transmit herewith a report from the Secretary of + State, with its accompanying papers.<a href="#note-23"><small>23</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>January 13, 1879.</i> +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 3d of June last, + requesting a copy of correspondence between this Government and that + of Her Britannic Majesty in regard to inviting other maritime powers + to accede to the three rules of neutrality laid down in Article VI + of the treaty of May 8, 1871, I transmit herewith a report of the + Secretary of State, together with its accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 20, 1879.</i> +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 17th of June last, + requesting the Commissioner of Agriculture to send to the Senate + certain reports on sheep husbandry, copies of the same, with + accompanying papers, received from the Commissioner of Agriculture for + this purpose, are herewith transmitted. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 20, 1879.</i> +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to resolution of the House of Representatives of the 16th + instant, requesting the Commissioner of Agriculture to forward to the + House any facts or statistics in his office on the subject of forestry + not heretofore reported, copies of the same, with accompanying + papers, received from the Commissioner for this purpose, are herewith + transmitted. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, D.C., <i>January 23, 1879.</i> +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the 25th of May last, requesting + information respecting the claim of Messrs. Carlos Butterfield & Co. + against the Government of Denmark, I transmit herewith to the House + of Representatives a report of the Secretary of State and its + accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>January 24, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 7th + instant, I transmit herewith a report<a href="#note-24"><small>24</small></a> from the Secretary of State, + with its accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 24, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, copies of + a report and accompanying papers received from the Secretary of the + Interior, upon a communication addressed to the President of the + United States in behalf of a certain claim of the Choctaw Nation + arising under the provisions of the Choctaw and Chickasaw treaty of + June 22, 1855. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 31, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a letter of the Secretary of the Treasury, in + relation to the suspension of the late collector and naval officer of + the port of New York, with accompanying documents. +</p> +<p> + In addition thereto I respectfully submit the following observations: +</p> +<p> + The custom-house in New York collects more than two-thirds of all the + customs revenues of the Government. Its administration is a matter not + of local interest merely, but is of great importance to the people + of the whole country. For a long period of time it has been used to + manage and control political affairs. +</p> +<p> + The officers suspended by me are and for several years have been + engaged in the active personal management of the party politics of + the city and State of New York. The duties of the offices held by + them have been regarded as of subordinate importance to their partisan + work. Their offices have been conducted as part of the political + machinery under their control. They have made the custom-house a + center of partisan political management. The custom-house should be + a business office. It should be conducted on business principles. + General James, the postmaster of New York City, writing on this + subject, says: +</p> +<p> + The post-office is a business institution, and should be run as such. + It is my deliberate judgment that I and my subordinates can do more + for the party of our choice by giving the people of this city a + good and efficient postal service than by controlling primaries or + dictating nominations. +</p> +<p> + The New York custom-house should be placed on the same footing + with the New York post-office. But under the suspended officers the + custom-house would be one of the principal political agencies in the + State of New York. To change this, they profess to believe, would be, + in the language of Mr. Cornell in his response, "to surrender their + personal and political rights." +</p> +<p> + Convinced that the people of New York and of the country generally + wish the New York custom-house to be administered solely with a view + to the public interest, it is my purpose to do all in my power + to introduce into this great office the reforms which the country + desires. +</p> +<p> + With my information of the facts in the case, and with a deep sense + of the responsible obligation imposed upon me by the Constitution "to + take care that the laws be faithfully executed," I regard it as + my plain duty to suspend the officers in question and to make the + nominations now before the Senate, in order that this important office + may be honestly and efficiently administered. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 6, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the information of Congress, a report from + the Secretary of State, with the accompanying papers therein referred + to, in relation to the proceedings of the International Monetary + Conference held at Paris in August, 1878. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 8, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith, for the consideration of Congress, the report of + the commission appointed under the provisions of the act approved + May 3, 1878, entitled "An act authorizing the President of the United + States to make certain negotiations with the Ute Indians in the + State of Colorado," with copies of letters from the Secretary of the + Interior and the Commissioner of Indian Affairs, and accompanying + documents. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, D.C., <i>February 15, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith report from the Secretary of State, and + accompanying papers, in relation to proceedings of the International + Prison Congress of Stockholm, held in August last. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, D.C., <i>February 18, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, dated the + 17th instant, in relation to the destruction of the bark <i>Forest + Belle</i> in Chinese waters in March last, submitted in compliance with + the resolution of the House of Representatives of February 4, 1879. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 21, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + Referring to my communication to Congress under date of the 8th + instant, transmitting the report of the commission appointed under the + act entitled "An act authorizing the President of the United States + to make certain negotiations with the Ute Indians in the State of + Colorado," I submit herewith a copy of a letter from the Secretary of + the Interior and additional papers upon the same subject. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 28, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, with its + accompanying papers, submitted in pursuance of a resolution of the + Senate of the 20th instant, in relation to railroads in Mexico. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>March 3, 1879.</i> +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have received from the United States Centennial Commission their + final report, presenting a full exhibit of the result of the United + States Centennial Celebration and Exhibition of 1876, as required by + the act of June 1, 1872. +</p> +<p> + In transmitting this report for the consideration of Congress, I + express, I believe, the general judgment of the country, as well as my + own, in assigning to this exhibition a measure of success gratifying + to the pride and patriotism of our people and full of promise to the + great industrial and commercial interests of the nation. The very + ample and generous contributions which the foreign nations made to + the splendor and usefulness of the exhibition and the cordiality with + which their representatives took part in our national commemoration + deserve our profound acknowledgments. At this close of the great + services rendered by the United States Centennial Commission and the + Centennial board of finance, it gives me great pleasure to commend + to your attention and that of the people of the whole country the + laborious, faithful, and prosperous performances of their duties which + have marked the administration of their respective trusts. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>March 1, 1879.</i> +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + After a very careful consideration of House bill 2423, entitled "An + act to restrict the immigration of Chinese to the United States," + I herewith return it to the House of Representatives, in which it + originated, with my objections to its passage. +</p> +<p> + The bill, as it was sent to the Senate from the House of + Representatives, was confined in its provisions to the object named + in its title, which is that of "An act to restrict the immigration of + Chinese to the United States." The only means adopted to secure the + proposed object was the limitation on the number of Chinese passengers + which might be brought to this country by any one vessel to fifteen; + and as this number was not fixed in any proportion to the size + or tonnage of the vessel or by any consideration of the safety or + accommodation of these passengers, the simple purpose and effect of + the enactment were to repress this immigration to an extent falling + but little short of its absolute exclusion. +</p> +<p> + The bill, as amended in the Senate and now presented to me, includes + an independent and additional provision which aims at and in terms + requires the abrogation by this Government of Articles V and VI of the + treaty with China commonly called the Burlingame treaty, through the + action of the Executive enjoined by this provision of the act. +</p> +<p> + The Burlingame treaty, of which the ratifications were exchanged at + Peking November 23, 1869, recites as the occasion and motive of its + negotiation by the two Governments that "since the conclusion of the + treaty between the United States of America and the Ta Tsing Empire + (China) of the 18th of June, 1858, circumstances have arisen showing + the necessity of additional articles thereto," and proceeds to + an agreement as to said additional articles. These negotiations, + therefore, ending by the signature of the additional articles July + 28, 1868, had for their object the completion of our treaty rights + and obligations toward the Government of China by the incorporation + of these new articles as thenceforth parts of the principal treaty + to which they are made supplemental. Upon the settled rules of + interpretation applicable to such supplemental negotiations the text + of the principal treaty and of these "additional articles thereto" + constitute one treaty from the conclusion of the new negotiations, in + all parts of equal and concurrent force and obligation between the + two Governments, and to all intents and purposes as if embraced in one + instrument. +</p> +<p> + The principal treaty, of which the ratifications were exchanged August + 16, 1859, recites that "the United States of America and the Ta Tsing + Empire, desiring to maintain firm, lasting, and sincere friendship, + have resolved to renew, in a manner clear and positive, by means of a + treaty or general convention of peace, amity, and commerce, the rules + which shall in future be mutually observed in the intercourse of their + respective countries," and proceeds in its thirty articles to lay out + a careful and comprehensive system for the commercial relations of our + people with China. The main substance of all the provisions of this + treaty is to define and secure the rights of our people in respect + of access to, residence and protection in, and trade with China. The + actual provisions in our favor in these respects were framed to be, + and have been found to be, adequate and appropriate to the interests + of our commerce, and by the concluding article we receive the + important guaranty that— +</p> +<p class="q"> + Should at any time the Ta Tsing Empire grant to any nation, or the + merchants or citizens of any nation, any right, privilege, or favor, + connected either with navigation, commerce, political or other + intercourse, which is not conferred by this treaty, such right, + privilege, and favor shall at once freely inure to the benefit of + the United States, its public officers, merchants, and citizens. +</p> +<p> + Against this body of stipulations in our favor and this permanent + engagement of equality in respect of all future concessions to foreign + nations the general promise of permanent peace and good offices on + our part seems to be the only equivalent. For this the first article + undertakes as follows: +</p> +<p class="q"> + There shall be, as there have always been, peace and friendship + between the United States of America and the Ta Tsing Empire, and + between their people respectively. They shall not insult or oppress + each other for any trifling cause, so as to produce an estrangement + between them; and if any other nation should act unjustly or + oppressively, the United States will exert their good offices, on + being informed of the case, to bring about an amicable arrangement + of the question, thus showing their friendly feelings. +</p> +<p> + At the date of the negotiation of this treaty our Pacific possessions + had attracted a considerable Chinese emigration, and the advantages + and the inconveniences felt or feared therefrom had become more or + less manifest; but they dictated no stipulations on the subject to be + incorporated in the treaty. The year 1868 was marked by the striking + event of a spontaneous embassy from the Chinese Empire, headed by + an American citizen, Anson Burlingame, who had relinquished his + diplomatic representation of his own country in China to assume that + of the Chinese Empire to the United States and the European nations. + By this time the facts of the Chinese immigration and its nature and + influences, present and prospective, had become more noticeable and + were more observed by the population immediately affected and by this + Government. The principal feature of the Burlingame treaty was its + attention to and its treatment of the Chinese immigration and the + Chinese as forming, or as they should form, a part of our population. + Up to this time our uncovenanted hospitality to immigration, our + fearless liberality of citizenship, our equal and comprehensive + justice to all inhabitants, whether they abjured their foreign + nationality or not, our civil freedom, and our religious toleration + had made all comers welcome, and under these protections the Chinese + in considerable numbers had made their lodgment upon our soil. +</p> +<p> + The Burlingame treaty undertakes to deal with this situation, and its + fifth and sixth articles embrace its most important provisions in this + regard and the main stipulations in which the Chinese Government has + secured an obligatory protection of its subjects within our territory. + They read as follows: +</p> +<p class="q"> + ART. V. The United States of America and the Emperor of China + cordially recognize the inherent and inalienable right of man to + change his home and allegiance, and also the mutual advantage of + the free migration and emigration of their citizens and subjects + respectively from the one country to the other for purposes of + curiosity, of trade, or as permanent residents. The high contracting + parties therefore join in reprobating any other than an entirely + voluntary emigration for these purposes. They consequently agree to + pass laws making it a penal offense for a citizen of the United States + or Chinese subjects to take Chinese subjects either to the United + States or to any other foreign country, or for a Chinese subject or + citizen of the United States to take citizens of the United States + to China or to any other foreign country, without their free and + voluntary consent, respectively. +</p><p class="q"> + ART. VI. Citizens of the United States visiting or residing in China + shall enjoy the same privileges, immunities, or exemptions in respect + to travel or residence as may there be enjoyed by the citizens or + subjects of the most favored nation, and, reciprocally, Chinese + subjects visiting or residing in the United States shall enjoy the + same privileges, immunities, and exemptions in respect to travel or + residence as may there be enjoyed by the citizens or subjects of the + most favored nation. But nothing herein contained shall be held to + confer naturalization upon citizens of the United States in China, + nor upon the subjects of China in the United States. +</p> +<p> + An examination of these two articles in the light of the experience + then influential in suggesting their "necessity" will show that the + fifth article was framed in hostility to what seemed the principal + mischief to be guarded against, to wit, the introduction of Chinese + laborers by methods which should have the character of a forced and + servile importation, and not of a voluntary emigration of freemen + seeking our shores upon motives and in a manner consonant with the + system of our institutions and approved by the experience of the + nation. Unquestionably the adhesion of the Government of China to + these liberal principles of freedom in emigration, with which we were + so familiar and with which we were so well satisfied, was a great + advance toward opening that Empire to our civilization and religion, + and gave promise in the future of greater and greater practical + results in the diffusion throughout that great population of our arts + and industries, our manufactures, our material improvements, and the + sentiments of government and religion which seem to us so important to + the welfare of mankind. The first clause of this article secures this + acceptance by China of the American doctrines of free migration to and + fro among the peoples and races of the earth. +</p> +<p> + The second clause, however, in its reprobation of "any other than an + entirely voluntary emigration" by both the high contracting parties, + and in the reciprocal obligations whereby we secured the solemn and + unqualified engagement on the part of the Government of China "to pass + laws making it a penal offense for a citizen of the United States or + Chinese subjects to take Chinese subjects either to the United States + or to any other foreign country without their free and voluntary + consent," constitutes the great force and value of this article. Its + importance both in principle and in its practical service toward our + protection against servile importation in the guise of immigration can + not be overestimated. It commits the Chinese Government to active and + efficient measures to suppress this iniquitous system, where those + measures are most necessary and can be most effectual. It gives to + this Government the footing of a treaty right to such measures and + the means and opportunity of insisting upon their adoption and + of complaint and resentment at their neglect. The fifth article, + therefore, if it fall short of what the pressure of the later + experience of our Pacific States may urge upon the attention of this + Government as essential to the public welfare, seems to be in the + right direction and to contain important advantages which once + relinquished can not be easily recovered. +</p> +<p> + The second topic which interested the two Governments under the actual + condition of things which prompted the Burlingame treaty was adequate + protection, under the solemn and definite guaranties of a treaty, + of the Chinese already in this country and those who should seek + our shores. This was the object, and forms the subject of the sixth + article, by whose reciprocal engagement the citizens and subjects of + the two Governments, respectively, visiting or residing in the + country of the other are secured the same privileges, immunities, + or exemptions there enjoyed by the citizens or subjects of the most + favored nations. The treaty of 1858, to which these articles are made + supplemental, provides for a great amount of privilege and protection, + both of person and property, to American citizens in China, but it is + upon this sixth article that the main body of the treaty rights + and securities of the Chinese already in this country depends. Its + abrogation, were the rest of the treaty left in force, would leave + them to such treatment as we should voluntarily accord them by our + laws and customs. Any treaty obligation would be wanting to restrain + our liberty of action toward them, or to measure or sustain the right + of the Chinese Government to complaint or redress in their behalf. +</p> +<p> + The lapse of ten years since the negotiation of the Burlingame treaty + has exhibited to the notice of the Chinese Government, as well as to + our own people, the working of this experiment of immigration in great + numbers of Chinese laborers to this country, and their maintenance + here of all the traits of race, religion, manners, and customs, + habitations, mode of life, segregation here, and the keeping up of + the ties of their original home, which stamp them as strangers and + sojourners, and not as incorporated elements of our national life and + growth. This experience may naturally suggest the reconsideration of + the subject as dealt with by the Burlingame treaty, and may properly + become the occasion of more and circumspect recognition, in renewed + negotiations, of the difficulties surrounding this political and + social problem. It may well be that, to the apprehension of the + Chinese Government no less than our own, the simple provisions of the + Burlingame treaty may need to be replaced by more careful methods, + securing the Chinese and ourselves against a larger and more rapid + infusion of this foreign race than our system of industry and + society can take up and assimilate with ease and safety. This ancient + Government, ruling a polite and sensitive people, distinguished by + a high sense of national pride, may properly desire an adjustment of + their relations with us which would in all things confirm and in no + degree endanger the permanent peace and amity and the growing commerce + and prosperity which it has been the object and the effect of our + existing treaties to cherish and perpetuate. +</p> +<p> + I regard the very grave discontents of the people of the Pacific + States with the present working of the Chinese immigration, and their + still graver apprehensions therefrom in the future, as deserving + the most serious attention of the people of the whole country and a + solicitous interest on the part of Congress and the Executive. If this + were not my own judgment, the passage of this bill by both Houses of + Congress would impress upon me the seriousness of the situation, when + a majority of the representatives of the people of the whole country + had thought fit to justify so serious a measure of relief. +</p> +<p> + The authority of Congress to terminate a treaty with a foreign power + by expressing the will of the nation no longer to adhere to it is + as free from controversy under our Constitution as is the further + proposition that the power of making new treaties or modifying + existing treaties is not lodged by the Constitution in Congress, but + in the President, by and with the advice and consent of the Senate, as + shown by the concurrence of two-thirds of that body. A denunciation of + a treaty by any government is confessedly justifiable only upon some + reason both of the highest justice and of the highest necessity. The + action of Congress in the matter of the French treaties in 1798, if + it be regarded as an abrogation by this nation of a subsisting treaty, + strongly illustrates the character and degree of justification which + was then thought suitable to such a proceeding. The preamble of the + act recites that the— +</p> +<p class="q"> + Treaties concluded between the United States and France have been + repeatedly violated on the part of the French Government, and the + just claims of the United States for reparation of the injuries + so committed have been refused, and their attempts to negotiate an + amicable adjustment of all complaints between the two nations have + been repelled with indignity. +</p> +<p> + And that— +</p> +<p class="q"> + Under authority of the French Government there is yet pursued against + the United States a system of predatory violence, infracting the said + treaties and hostile to the rights of a free and independent nation. +</p> +<p> + The enactment, as a logical consequence of these recited facts, + declares— +</p> +<p class="q"> + That the United States are of right freed and exonerated from the + stipulations of the treaties and of the consular convention heretofore + concluded between the United States and France, and that the same + shall not henceforth be regarded as legally obligatory on the + Government or citizens of the United States. +</p> +<p> + The history of the Government shows no other instance of an abrogation + of a treaty by Congress. +</p> +<p> + Instances have sometimes occurred where the ordinary legislation + of Congress has, by its conflict with some treaty obligation of the + Government toward a foreign power, taken effect as an <i>infraction</i> + of the treaty, and been judicially declared to be operative to that + result; but neither such legislation nor such judicial sanction of the + same has been regarded as an <i>abrogation</i>, even for the moment, of + the treaty. On the contrary, the treaty in such case still subsists + between the governments, and the casual infraction is repaired by + appropriate satisfaction in maintenance of the treaty. +</p> +<p> + The bill before me does not enjoin upon the President the abrogation + of the entire Burlingame treaty, much less of the principal treaty of + which it is made the supplement. As the power of modifying an existing + treaty, whether by adding or striking out provisions, is a part of + the treaty-making power under the Constitution, its exercise is not + competent for Congress, nor would the assent of China to this partial + abrogation of the treaty make the action of Congress in thus procuring + an amendment of a treaty a competent exercise of authority under the + Constitution. The importance, however, of this special consideration + seems superseded by the principle that a denunciation of a part of a + treaty not made by the terms of the treaty itself separable from + the rest is a denunciation of the whole treaty. As the other high + contracting party has entered into no treaty obligations except such + as include the part denounced, the denunciation by one party of the + part necessarily liberates the other party from the whole treaty. +</p> +<p> + I am convinced that, whatever urgency might in any quarter or by any + interest be supposed to require an instant suppression of further + immigration from China, no reasons can require the immediate + withdrawal of our treaty protection of the Chinese already in this + country, and no circumstances can tolerate an exposure of our citizens + in China, merchants or missionaries, to the consequences of so sudden + an abrogation of their treaty protection. Fortunately, however, the + actual recession in the flow of the emigration from China to the + Pacific Coast, shown by trustworthy statistics, relieves us from any + apprehension that the treatment of the subject in the proper course of + diplomatic negotiations will introduce any new features of discontent + or disturbance among the communities directly affected. Were such + delay fraught with more inconveniences than have ever been suggested + by the interests most earnest in promoting this legislation, I can not + but regard the summary disturbance of our existing treaties with + China as greatly more inconvenient to much wider and more permanent + interests of the country. +</p> +<p> + I have no occasion to insist upon the more general considerations of + interest and duty which sacredly guard the faith of the nation, in + whatever form of obligation it may have been given. These sentiments + animate the deliberations of Congress and pervade the minds of our + whole people. Our history gives little occasion for any reproach in + this regard; and in asking the renewed attention of Congress to this + bill I am persuaded that their action will maintain the public duty + and the public honor. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the final adjournment of the Forty-fifth Congress without + making the usual and necessary appropriations for the legislative, + executive, and judicial expenses of the Government for the fiscal + year ending June 30, 1880, and without making the usual and necessary + appropriations for the support of the Army for the same fiscal year, + presents an extraordinary occasion requiring the President to exercise + the power vested in him by the Constitution to convene the Houses + of Congress in anticipation of the day fixed by law for their next + meeting: +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do, by virtue of the power to this end in me vested by the + Constitution, convene both Houses of Congress to assemble at their + respective chambers at 12 o'clock noon on Tuesday, the 18th day of + March instant, then and there to consider and determine such measures + as in their wisdom their duty and the welfare of the people may seem + to demand. +</p> +<p> + [SEAL.] +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 4th day of March, A.D. 1879, and + of the Independence of the United States of America the one hundred + and third. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL SESSION MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>March 19, 1879</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives:</i> +</p> +<p> + The failure of the last Congress to make the requisite appropriations + for legislative and judicial purposes, for the expenses of the several + Executive Departments of the Government, and for the support of + the Army has made it necessary to call a special session of the + Forty-sixth Congress. +</p> +<p> + The estimates of the appropriations needed which were sent to Congress + by the Secretary of the Treasury at the opening of the last session + are renewed, and are herewith transmitted to both the Senate and the + House of Representatives. +</p> +<p> + Regretting the existence of the emergency which requires a special + session of Congress at a time when it is the general judgment of the + country that the public welfare will be best promoted by permanency in + our legislation and by peace and rest, I commend these few necessary + measures to your considerate attention. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> + + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>March 20, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 3d instant, + calling for the reports of Gustavus Goward on the Samoan Islands, + I transmit herewith a report from the Secretary of State, with the + accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 18, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 15th instant, I + transmit herewith a copy of the report of the commission appointed by + the President on the 15th of March, 1872, relating to the different + interoceanic canal surveys and the practicability of the construction + of a ship canal across this continent. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 15, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to a resolution of the Senate of the 7th instant, + requesting information in reference to an alleged occupation of a + portion of the Indian Territory by white settlers, etc., I transmit + herewith a copy of my proclamation dated April 26, 1879;<a href="#note-25"><small>25</small></a> also + copies of the correspondence and papers on file and of record in the + Department of the Interior and the War Department touching the subject + of the resolution. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 26, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to a resolution of the Senate of the 14th instant, + I transmit herewith a communication<a href="#note-26"><small>26</small></a> from the Secretary of the + Interior and accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 5, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the "proceedings and report" of the board of + officers convened by Special Orders, No. 78, Headquarters of the + Army, Washington, April 12, 1878, in the case of Fitz John Porter. The + report of the board was made in March last, but the official record of + the proceedings did not reach me until the 3d instant. +</p> +<p> + I have given to this report such examination as satisfies me that + I ought to lay the proceedings and conclusions of the board before + Congress. As I am without power, in the absence of legislation, to act + upon the recommendations of the report further than by submitting the + same to Congress, the proceedings and conclusions of the board are + transmitted for the information of Congress and such action as in your + wisdom shall seem expedient and just. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>June 13, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, in compliance with the resolution of the House + of Representatives of the 29th ultimo, a report of the Secretary of + State relative to the steps taken by this Government to promote the + establishment of an interoceanic canal across or near the Isthmus of + Darien. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>June 23, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate a report from the Secretary + of State, in response to a resolution of that body of the 20th + instant, calling for the proceedings and accompanying papers of + the International Silver Conference held in Paris in 1878. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 30, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The bill making provision for the payment of the fees of United States + marshals and their general deputies, which I have this day returned + to the House of Representatives, in which it originated, with my + objections,<a href="#note-27"><small>27</small></a> having upon its reconsideration by that body failed + to become a law, I respectfully call your attention to the immediate + necessity of making some adequate provision for the due and efficient + execution by the marshals and deputy marshals of the United States of + the constant and important duties enjoined upon them by the existing + laws. All appropriations to provide for the performance of these + indispensable duties expire to-day. Under the laws prohibiting public + officers from involving the Government in contract liabilities beyond + actual appropriations, it is apparent that the means at the disposal + of the executive department for executing the laws through the + regular ministerial officers will after to-day be left inadequate. The + suspension of these necessary functions in the orderly administration + of the first duties of government for the shortest period is + inconsistent with the public interests, and at any moment may prove + inconsistent with the public safety. +</p> +<p> + It is impossible for me to look without grave concern upon a state of + things which will leave the public service thus unprovided for and + the public interests thus unprotected, and I earnestly urge upon your + attention the necessity of making immediate appropriations for the + maintenance of the service of the marshals and deputy marshals for the + fiscal year which commences to-morrow. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p class="r"> + WASHINGTON, <i>July 1, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 28th June, 1879, + requesting a copy of any correspondence which may have passed between + the Department of State and the Republic of Mexico in regard to the + proposed Austin-Topolovampo Railroad survey across the northern States + of that country, I transmit herewith the report of the Secretary of + State upon the subject. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>April 29, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have maturely considered the important questions presented by the + bill entitled "An act making appropriations for the support of + the Army for the fiscal year ending June 30, 1880, and for other + purposes," and I now return it to the House of Representatives, in + which it originated, with my objections to its approval. +</p> +<p> + The bill provides in the usual form for the appropriations required + for the support of the Army during the next fiscal year. If it + contained no other provisions, it would receive my prompt approval. It + includes, however, further legislation, which, attached, as it is, to + appropriations which are requisite for the efficient performance + of some of the most necessary duties of the Government, involves + questions of the gravest character. The sixth section of the bill is + amendatory of the statute now in force in regard to the authority of + persons in the civil, military, and naval service of the United States + "at the place where any general or special election is held in any + State." This statute was adopted February 25, 1865, after a protracted + debate in the Senate, and almost without opposition in the House + of Representatives, by the concurrent votes of both of the leading + political parties of the country, and became a law by the approval of + President Lincoln. It was reenacted in 1874 in the Revised Statutes of + the United States, sections 2002 and 5528, which are as follows: +</p> +<p class="q"> + SEC. 2002. No military or naval officer, or other person + engaged in the civil, military, or naval service of the United + States, shall order, bring, keep, or have under his authority + or control any troops or armed men at the place where any + general or special election is held in any State, unless it be + necessary to repel the armed enemies of the United States or + to keep the peace at the polls. +</p><p class="q"> + SEC. 5528. Every officer of the Army or Navy, or other person + in the civil, military, or naval service of the United States, + who orders, brings, keeps, or has under his authority or + control any troops or armed men at any place where a general + or special election is held in any State, unless such force + be necessary to repel armed enemies of the United States or + to keep the peace at the polls, shall be fined not more than + $5,000 and surfer imprisonment at hard labor not less than + three months nor more than five years. +</p> +<p> + The amendment proposed to this statute in the bill before me omits + from both of the foregoing sections the words "or to keep the peace + at the polls," The effect of the adoption of this amendment may be + considered— +</p> +<p> + First. Upon the right of the United States Government to use military + force to keep the peace at the elections for Members of Congress; and +</p> +<p> + Second. Upon the right of the Government, by civil authority, to + protect these elections from violence and fraud. +</p> +<p> + In addition to the sections of the statute above quoted, the following + provisions of law relating to the use of the military power at the + elections are now in force: +</p> +<p class="q"> + SEC. 2003. No officer of the Army or Navy of the United States + shall prescribe or fix, or attempt to prescribe or fix, by + proclamation, order, or otherwise, the qualifications of + voters in any State, or in any manner interfere with the + freedom of any election in any State, or with the exercise of + the free right of suffrage in any State. +</p><p class="q"> + SEC. 5529. Every officer or other person in the military or + naval service who, by force, threat, intimidation, order, + advice, or otherwise, prevents, or attempts to prevent, any + qualified voter of any State from freely exercising the right + of suffrage at any general or special election in such State + shall be fined not more than $5,000 and imprisoned at hard + labor not more than five years. +</p><p class="q"> + SEC. 5530. Every officer of the Army or Navy who prescribes + or fixes, or attempts to prescribe or fix, whether by + proclamation, order, or otherwise, the qualifications of + voters at any election in any State shall be punished as + provided in the preceding section. +</p><p class="q"> + SEC. 5531. Every officer or other person in the military or + naval service who, by force, threat, intimidation, order, or + otherwise, compels, or attempts to compel, any officer holding + an election in any State to receive a vote from a person not + legally qualified to vote, or who imposes, or attempts to + impose, any regulations for conducting any general or special + election in a State different from those prescribed by law, or + who interferes in any manner with any officer of an election + in the discharge of his duty, shall be punished as provided in + section 5529. +</p><p class="q"> + SEC. 5532. Every person convicted of any of the offenses + specified in the five preceding sections shall, in addition to + the punishments therein severally prescribed, be disqualified + from holding any office of honor, profit, or trust under + the United States; but nothing in those sections shall be + construed to prevent any officer, soldier, sailor, or marine + from exercising the right of suffrage in any election district + to which he may belong, if otherwise qualified according to + the laws of the State in which he offers to vote. +</p> +<p> + The foregoing enactments would seem to be sufficient to prevent + military interference with the elections. But the last Congress, to + remove all apprehension of such interference, added to this body of + law section 15 of an act entitled "An act making appropriations for + the support of the Army for the fiscal year ending June 30, 1879, and + for other purposes," approved June 18, 1878, which is as follows: +</p> +<p class="q"> + SEC. 15. From and after the passage of this act it shall not + be lawful to employ any part of the Army of the United States, + as a <i>posse comitatus</i> or otherwise, for the purpose of + executing the laws, except in such cases and under such + circumstances as such employment of said force may be + expressly authorized by the Constitution or by act of + Congress; and no money appropriated by this act shall be used + to pay any of the expenses incurred in the employment of any + troops in violation of this section; and any person willfully + violating the provisions of this section shall be deemed + guilty of a misdemeanor, and on conviction thereof shall be + punished by fine not exceeding $10,000 or imprisonment not + exceeding two years, or by both such fine and imprisonment. +</p> +<p> + This act passed the Senate, after full consideration, without a single + vote recorded against it on its final passage, and, by a majority + of more than two-thirds, it was concurred in by the House of + Representatives. +</p> +<p> + The purpose of the section quoted was stated in the Senate by one of + its supporters as follows: +</p> +<p class="q"> + Therefore I hope, without getting into any controversy about + the past, but acting wisely for the future, that we shall + take away the idea that the Army can be used by a general or + special deputy marshal, or any marshal, merely for election + purposes, as a posse, ordering them about the polls or + ordering them anywhere else, when there is an election going + on, to prevent disorders or to suppress disturbances that + should be suppressed by the peace officers of the State; or, + if they must bring others to their aid they should summon the + unorganized citizens, and not summon the officers and men of + the Army as <i>posse comitatus</i> to quell disorders, and thus + get up a feeling which will be disastrous to peace among the + people of the country. +</p> +<p> + In the House of Representatives the object of the act of 1878 was + stated by the gentleman who had it in charge in similar terms. He + said: +</p> +<p class="q"> + But these are all minor points and insignificant questions + compared with the great principle which was incorporated by + the House in the bill in reference to the use of the Army + in time of peace. The Senate had already conceded what they + called and what we might accept as the principle, but they + had stricken out the penalty, and had stricken out the word + "<i>expressly</i>" so that the Army might be used in all cases + where <i>implied</i> authority might be inferred. The House + committee planted themselves firmly upon the doctrine that + rather than yield this fundamental principle, for which for + three years this House had struggled, they would allow + the bill to fail, notwithstanding the reforms which we had + secured, regarding these reforms as of but little consequence + alongside the great principle that the Army of the United + States, in time of peace, should be under the control of + Congress and obedient to its laws. After a long and protracted + negotiation, the Senate committee have conceded that principle + in all its length and breadth, including the penalty, which + the Senate had stricken out. We bring you back, therefore, + a report, with the alteration of a single word, which the + lawyers assure me is proper to be made, restoring to this bill + the principle for which we have contended so long, and which + is so vital to secure the rights and liberties of the people. +</p> +<hr> +<p class="q"> + Thus have we this day secured to the people of this country + the same great protection against a standing army which cost + a struggle of two hundred years for the Commons of England to + secure for the British people. +</p> +<p> + From this brief review of the subject it sufficiently appears that + under existing laws there can be no military interference with the + elections. No case of such interference has, in fact, occurred since + the passage of the act last referred to. No soldier of the United + States has appeared under orders at any place of election in any + State. No complaint even of the presence of United States troops has + been made in any quarter. It may therefore be confidently stated + that there is no necessity for the enactment of section 6 of the bill + before me to prevent military interference with the elections. The + laws already in force are all that is required for that end. +</p> +<p> + But that part of section 6 of this bill which is significant and + vitally important is the clause which, if adopted, will deprive the + civil authorities of the United States of all power to keep the peace + at the Congressional elections. The Congressional elections in every + district, in a very important sense, are justly a matter of political + interest and concern throughout the whole country. Each State, every + political party, is entitled to the share of power which is conferred + by the legal and constitutional suffrage. It is the right of every + citizen possessing the qualifications prescribed by law to cast one + unintimidated ballot and to have his ballot honestly counted. So long + as the exercise of this power and the enjoyment of this right are + common and equal, practically as well as formally, submission to the + results of the suffrage will be accorded loyally and cheerfully, and + all the departments of Government will feel the true vigor of the + popular will thus expressed. +</p> +<p> + Two provisions of the Constitution authorize legislation by Congress + for the regulation of the Congressional elections. +</p> +<p> + Section 4 of Article I of the Constitution declares— +</p> +<p class="q"> + The times, places, and manner of holding elections for + Senators and Representatives shall be prescribed in each State + by the legislature thereof; but the Congress may at any time, + by law, make or alter such regulations, except as to the + places of choosing Senators. +</p> +<p> + The fifteenth amendment of the Constitution is as follows: +</p> +<p class="q"> + SEC. 1. The right of citizens of the United States to vote + shall not be denied or abridged by the United States or by + any State on account of race, color, or previous condition of + servitude. +</p><p class="q"> + SEC. 2. The Congress shall have power to enforce this article + by appropriate legislation. +</p> +<p> + The Supreme Court has held that this amendment invests the citizens of + the United States with a new constitutional right which is within + the protecting power of Congress. That right the court declares to + be exemption from discrimination in the exercise of the elective + franchise on account of race, color, or previous condition of + servitude. The power of Congress to protect this right by appropriate + legislation is expressly affirmed by the court. +</p> +<p> + National legislation to provide safeguards for free and honest + elections is necessary, as experience has shown, not only to secure + the right to vote to the enfranchised race at the South, but also to + prevent fraudulent voting in the large cities of the North. Congress + has therefore exercised the power conferred by the Constitution, and + has enacted certain laws to prevent discriminations on account of + race, color, or previous condition of servitude, and to punish fraud, + violence, and intimidation at Federal elections. Attention is called + to the following sections of the Revised Statutes of the United + States, viz: +</p> +<p> + Section 2004, which guarantees to all citizens the right to vote, + without distinction on account of race, color, or previous condition + of servitude. +</p> +<p> + Sections 2005 and 2006, which guarantee to all citizens equal + opportunity, without discrimination, to perform all the acts required + by law as a prerequisite or qualification for voting. +</p> +<p> + Section 2022, which authorizes the United States marshal and + his deputies to keep the peace and preserve order at the Federal + elections. +</p> +<p> + Section 2024, which expressly authorizes the United States marshal + and his deputies to summon a <i>posse comitatus</i> whenever they or any of + them are forcibly resisted in the execution of their duties under the + law or are prevented from executing such duties by violence. +</p> +<p> + Section 5522, which provides for the punishment of the crime of + interfering with the supervisors of elections and deputy marshals in + the discharge of their duties at the elections of Representatives in + Congress. +</p> +<p> + These are some of the laws on this subject which it is the duty of + the executive department of the Government to enforce. The intent and + effect of the sixth section of this bill is to prohibit all the civil + officers of the United States, under penalty of fine and imprisonment, + from employing any adequate civil force for this purpose at the place + where their enforcement is most necessary, namely, at the places + where the Congressional elections are held. Among the most valuable + enactments to which I have referred are those which protect the + supervisors of Federal elections in the discharge of their duties at + the polls. If the proposed legislation should become the law, there + will be no power vested in any officer of the Government to protect + from violence the officers of the United States engaged in the + discharge of their duties. Their rights and duties under the law will + remain, but the National Government will be powerless to enforce its + own statutes. The States may employ both military and civil power to + keep the peace and to enforce the laws at State elections. It is + now proposed to deny to the United States even the necessary civil + authority to protect the national elections. No sufficient reason has + been given for this discrimination in favor of the State and against + the national authority. If well-founded objections exist against the + present national election laws, all good citizens should unite in + their amendment. The laws providing the safeguards of the elections + should be impartial, just, and efficient. They should, if possible, + be so nonpartisan and fair in their operation that the minority—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. +</p> +<p> + This section is, however, not presented to me as a separate and + independent measure, but is, as has been stated, attached to the bill + making the usual annual appropriations for the support of the Army. It + makes a vital change in the election laws of the country, which is in + no way connected with the use of the Army. It prohibits, under heavy + penalties, any person engaged in the civil service of the United + States from having any force at the place of any election, prepared to + preserve order, to make arrests, to keep the peace, or in any manner + to enforce the laws. This is altogether foreign to the purpose of + an Army appropriation bill. The practice of tacking to appropriation + bills measures not pertinent to such bills did not prevail until more + than forty years after the adoption of the Constitution. It has become + a common practice. All parties when in power have adopted it. Many + abuses and great waste of public money have in this way crept into + appropriation bills. The public opinion of the country is against it. + The States which have recently adopted constitutions have generally + provided a remedy for the evil by enacting that no law shall contain + more than one subject, which shall be plainly expressed in its + title. The constitutions of more than half of the States contain + substantially this provision. The public welfare will be promoted in + many ways by a return to the early practice of the Government and to + the true principle of legislation, which requires that every measure + shall stand or fall according to its own merits. If it were understood + that to attach to an appropriation bill a measure irrelevant to the + general object of the bill would imperil and probably prevent its + final passage and approval, a valuable reform in the parliamentary + practice of Congress would be accomplished. The best justification + that has been offered for attaching irrelevant riders to appropriation + bills is that it is done for convenience sake, to facilitate the + passage of measures which are deemed expedient by all the branches + of Government which participate in legislation. It can not be claimed + that there is any such reason for attaching this amendment of the + election laws to the Army appropriation bill. The history of the + measure contradicts this assumption. A majority of the House of + Representatives in the last Congress was in favor of section 6 of this + bill. It was known that a majority of the Senate was opposed to + it, and that as a separate measure it could not be adopted. It was + attached to the Army appropriation bill to compel the Senate to + assent to it. It was plainly announced to the Senate that the Army + appropriation bill would not be allowed to pass unless the proposed + amendments of the election laws were adopted with it. The Senate + refused to assent to the bill on account of this irrelevant section. + Congress thereupon adjourned without passing an appropriation bill for + the Army, and the present extra session of the Forty-sixth Congress + became necessary to furnish the means to carry on the Government. +</p> +<p> + The ground upon which the action of the House of Representatives is + defended has been distinctly stated by many of its advocates. A week + before the close of the last session of Congress the doctrine in + question was stated by one of its ablest defenders as follows: +</p> +<p class="q"> + It is our duty to repeal these laws. It is not worth while + to attempt the repeal except upon an appropriation bill. + The Republican Senate would not agree to nor the Republican + President sign a bill for such repeal. Whatever objection to + legislation upon appropriation bills may be made in ordinary + cases does not apply where free elections and the liberty of + the citizens are concerned. * * * We have the power to vote + money; let us annex conditions to it, and insist upon the + redress of grievances. +</p> +<p> + By another distinguished member of the House it was said: +</p> +<p class="q"> + The right of the Representatives of the people to withhold + supplies is as old as English liberty. History records + numerous instances where the Commons, feeling that the people + were oppressed by laws that the Lords would not consent + to repeal by the ordinary methods of legislation, obtained + redress at last by refusing appropriations unless accompanied + by relief measures. +</p> +<p> + That a question of the gravest magnitude, and new in this country, was + raised by this course of proceeding, was fully recognized also by its + defenders in the Senate. It was said by a distinguished Senator: +</p> +<p class="q"> + Perhaps no greater question, in the form we are brought to + consider it, was ever considered by the American Congress + in time of peace; for it involves not merely the merits or + demerits of the laws which the House bill proposes to repeal, + but involves the rights, the privileges, the powers, the + duties of the two branches of Congress and of the President + of the United States. It is a vast question; it is a question + whose importance can scarcely be estimated; it is a question + that never yet has been brought so sharply before the American + Congress and the American people as it may be now. It is + a question which sooner or later must be decided, and the + decision must determine what are the powers of the House of + Representatives under the Constitution, and what is the duty + of that House in the view of the framers of that Constitution, + according to its letter and its spirit. +</p><p class="q"> + Mr. President, I should approach this question, if I were in + the best possible condition to speak and to argue it, with + very grave diffidence, and certainly with the utmost anxiety; + for no one can think of it as long and as carefully as I have + thought of it without seeing that we are at the beginning, + perhaps, of a struggle that may last as long in this country + as a similar struggle lasted in what we are accustomed to call + the mother land. There the struggle lasted for two centuries + before it was ultimately decided. It is not likely to last so + long here, but it may last until every man in this chamber is + in his grave. It is the question whether or no the House of + Representatives has a right to say, "We will grant supplies + only upon condition that grievances are redressed. We are + the representatives of the taxpayers of the Republic. We, the + House of Representatives, alone have the right to originate + money bills. We, the House of Representatives, have alone the + right to originate bills which grant the money of the people. + The Senate represents States; we represent the taxpayers + of the Republic. We, therefore, by the very terms of the + Constitution, are charged with the duty of originating the + bills which grant the money of the people. We claim the right, + which the House of Commons in England established after two + centuries of contest, to say that we will not grant the money + of the people unless there is a redress of grievances." +</p> +<p> + Upon the assembling of this Congress, in pursuance of a call for + an extra session, which was made necessary by the failure of the + Forty-fifth Congress to make the needful appropriations for the + support of the Government, the question was presented whether the + attempt made in the last Congress to ingraft by construction a new + principle upon the Constitution should be persisted in or not. This + Congress has ample opportunity and time to pass the appropriation + bills, and also to enact any political measures which may be + determined upon in separate bills by the usual and orderly methods + of proceeding. But the majority of both Houses have deemed it wise to + adhere to the principles asserted and maintained in the last Congress + by the majority of the House of Representatives. That principle is + that the House of Representatives has the sole right to originate + bills for raising revenue, and therefore has the right to withhold + appropriations upon which the existence of the Government may depend + unless the Senate and the President shall give their assent to any + legislation which the House may see fit to attach to appropriation + bills. To establish this principle is to make a radical, dangerous, + and unconstitutional change in the character of our institutions. The + various departments of the Government and the Army and the Navy + are established by the Constitution or by laws passed in pursuance + thereof. Their duties are clearly defined and their support is + carefully provided for by law. The money required for this purpose has + been collected from the people and is now in the Treasury, ready to + be paid out as soon as the appropriation bills are passed. Whether + appropriations are made or not, the collection of the taxes will go + on. The public money will accumulate in the Treasury. It was not the + intention of the framers of the Constitution that any single branch of + the Government should have the power to dictate conditions upon + which this treasure should be applied to the purpose for which it was + collected. Any such intention, if it had been entertained, would have + been plainly expressed in the Constitution. +</p> +<p> + That a majority of the Senate now concurs in the claim of the House + adds to the gravity of the situation, but does not alter the + question at issue. The new doctrine, if maintained, will result in + a consolidation of unchecked and despotic power in the House of + Representatives. A bare majority of the House will become the + Government. The Executive will no longer be what the framers of + the Constitution intended—an equal and independent branch of the + Government. It is clearly the constitutional duty of the President to + exercise his discretion and judgment upon all bills presented to him + without constraint or duress from any other branch of the Government. + To say that a majority of either or both of the Houses of Congress may + insist upon the approval of a bill under the penalty of stopping all + of the operations of the Government for want of the necessary supplies + is to deny to the Executive that share of the legislative power which + is plainly conferred by the second section of the seventh article + of the Constitution. It strikes from the Constitution the qualified + negative of the President. It is said that this should be done + because it is the peculiar function of the House of Representatives to + represent the will of the people. But no single branch or department + of the Government has exclusive authority to speak for the American + people. The most authentic and solemn expression of their will + is contained in the Constitution of the United States. By that + Constitution they have ordained and established a Government whose + powers are distributed among coordinate branches, which, as far as + possible consistently with a harmonious cooperation, are absolutely + independent of each other. The people of this country are unwilling to + see the supremacy of the Constitution replaced by the omnipotence of + any one department of the Government. +</p> +<p> + The enactment of this bill into a law will establish a precedent which + will tend to destroy the equal independence of the several branches + of the Government. Its principle places not merely the Senate and the + Executive, but the judiciary also, under the coercive dictation of + the House. The House alone will be the judge of what constitutes a + grievance, and also of the means and measure of redress. An act of + Congress to protect elections is now the grievance complained of; but + the House may on the same principle determine that any other act of + Congress, a treaty made by the President with the advice and consent + of the Senate, a nomination or appointment to office, or that a + decision or opinion of the Supreme Court is a grievance, and that the + measure of redress is to withhold the appropriations required for the + support of the offending branch of the Government. +</p> +<p> + Believing that this bill is a dangerous violation of the spirit and + meaning of the Constitution, I am compelled to return it to the House + in which it originated without my approval. The qualified negative + with which the Constitution invests the President is a trust that + involves a duty which he can not decline to perform. With a firm and + conscientious purpose to do what I can to preserve unimpaired the + constitutional powers and equal independence, not merely of the + Executive, but of every branch of the Government, which will be + imperiled by the adoption of the principle of this bill, I desire + earnestly to urge upon the House of Representatives a return to the + wise and wholesome usage of the earlier days of the Republic, which + excluded from appropriation bills all irrelevant legislation. By + this course you will inaugurate an important reform in the method of + Congressional legislation; your action will be in harmony with the + fundamental principles of the Constitution and the patriotic sentiment + of nationality which is their firm support, and you will restore to + the country that feeling of confidence and security and the + repose which are so essential to the prosperity of all of our + fellow-citizens. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p> + <i>To the House of Representatives</i>: +</p> +<p> + After a careful consideration of the bill entitled "An act to prohibit + military interference at elections," I return it to the House of + Representatives, in which it originated, with the following objections + to its approval: +</p> +<p> + In the communication sent to the House of Representatives on the 29th + of last month, returning to the House without my approval the bill + entitled "An act making appropriations for the support of the Army + for the fiscal year ending June 30, 1880, and for other purposes," + I endeavored to show, by quotations from the statutes of the United + States now in force and by a brief statement of facts in regard to + recent elections in the several States, that no additional legislation + was necessary to prevent interference with the elections by the + military or naval forces of the United States. The fact was presented + in that communication that at the time of the passage of the act of + June 18, 1878, in relation to the employment of the Army as a <i>posse + comitatus</i> or otherwise, it was maintained by its friends that it + would establish a vital and fundamental principle which would secure, + to the people protection against a standing army. The fact was also + referred to that since the passage of this act Congressional, State, + and municipal elections have been held throughout the Union, and + that in no instance has complaint been made of the presence of United + States soldiers at the polls. +</p> +<p> + Holding, as I do, the opinion that any military interference whatever + at the polls is contrary to the spirit of our institutions and would + tend to destroy the freedom of elections, and sincerely desiring to + concur with Congress in all of its measures, it is with very great + regret that I am forced to the conclusion that the bill before me is + not only unnecessary to prevent such interference, but is a dangerous + departure from long-settled and important constitutional principles. +</p> +<p> + The true rule as to the employment of military force at the elections + is not doubtful. No intimidation or coercion should be allowed to + control or influence citizens in the exercise of their right to vote, + whether it appears in the shape of combinations of evil-disposed + persons, or of armed bodies of the militia of a State, or of the + military force of the United States. +</p> +<p> + The elections should be free from all forcible interference, and, as + far as practicable, from all apprehensions of such interference. + No soldiers, either of the Union or of the State militia, should be + present at the polls to take the place or to perform the duties of the + ordinary civil police force. There has been and will be no violation + of this rule under orders from me during this Administration; but + there should be no denial of the right of the National Government to + employ its military force on any day and at any place in case such + employment is necessary to enforce the Constitution and laws of the + United States. +</p> +<p> + The bill before me is as follows: +</p> +<p class="q"> + <i>Be it enacted, etc.</i>, That it shall not be lawful to bring to + or employ at any place where a general or special election + is being held in a State any part of the Army or Navy of the + United States, unless such force be necessary to repel the + armed enemies of the United States or to enforce section 4, + Article IV, of the Constitution of the United States and + the laws made in pursuance thereof, on application of the + legislature or executive of the State where such force is to + be used; and so much of all laws as is inconsistent herewith + is hereby repealed. +</p> +<p> + It will be observed that the bill exempts from the general prohibition + against the employment of military force at the polls two specified + cases. These exceptions recognize and concede the soundness of the + principle that military force may properly and constitutionally be + used at the place of elections when such use is necessary to enforce + the Constitution and the laws; but the excepted cases leave the + prohibition so extensive and far-reaching that its adoption will + seriously impair the efficiency of the executive department of the + Government. +</p> +<p> + The first act expressly authorizing the use of military power to + execute the laws was passed almost as early as the organization of + the Government under the Constitution, and was approved by President + Washington May 2, 1792. It is as follows: +</p> +<p class="q"> + SEC. 2. <i>And be it further enacted</i>, That whenever the laws + of the United States shall be opposed or the execution thereof + obstructed in any State by combinations too powerful to be + suppressed by the ordinary course of judicial proceedings or + by the powers vested in the marshals by this act, the same + being notified to the President of the United States by an + associate justice or the district judge, it shall be lawful + for the President of the United States to call forth the + militia of such State to suppress such combinations and to + cause the laws to be duly executed. And if the militia of a + State where such combination may happen shall refuse or be + insufficient to suppress the same, it shall be lawful for the + President, if the Legislature of the United States be not in + session, to call forth and employ such numbers of the militia + of any other State or States most convenient thereto as may be + necessary; and the use of militia so to be called forth may be + continued, if necessary, until the expiration of thirty days + after the commencement of the ensuing session. +</p> +<p> + In 1795 this provision was substantially reenacted in a law which + repealed the act of 1792. In 1807 the following act became the law by + the approval of President Jefferson: +</p> +<p class="q"> + That in all cases of insurrection or obstruction to the laws, + either of the United States or of any individual State or + Territory, where it is lawful for the President of the + United States to call forth the militia for the purpose of + suppressing such insurrection or of causing the laws to be + duly executed, it shall be lawful for him to employ for the + same purposes such part of the land or naval force of the + United States as shall be judged necessary, having first + observed all the prerequisites of the law in that respect. +</p> +<p> + By this act it will be seen that the scope of the law of 1795 was + extended so as to authorize the National Government to use not only + the militia, but the Army and Navy of the United States, in "causing + the laws to be duly executed." +</p> +<p> + The important provision of the acts of 1792, 1795, and 1807, modified + in its terms from time to time to adapt it to the existing emergency, + remained in force until, by an act approved by President Lincoln July + 29, 1861, it was reenacted substantially in the same language in which + it is now found in the Revised Statutes, viz: +</p> +<p class="q"> + SEC. 5298. Whenever, by reason of unlawful obstructions, + combinations, or assemblages of persons, or rebellion against + the authority of the Government of the United States, it shall + become impracticable, in the judgment of the President, to + enforce by the ordinary course of judicial proceedings the + laws of the United States within any State or Territory, it + shall be lawful for the President to call forth the militia of + any or all the States and to employ such parts of the land and + naval forces of the United States as he may deem necessary + to enforce the faithful execution of the laws of the United + States or to suppress such rebellion, in whatever State + or Territory thereof the laws of the United States may be + forcibly opposed or the execution thereof forcibly obstructed. +</p> +<p> + This ancient and fundamental law has been in force from the foundation + of the Government. It is now proposed to abrogate it on certain days + and at certain places. In my judgment no fact has been produced which + tends to show that it ought to be repealed or suspended for a single + hour at any place in any of the States or Territories of the Union. + All the teachings of experience in the course of our history are in + favor of sustaining its efficiency unimpaired. On every occasion when + the supremacy of the Constitution has been resisted and the perpetuity + of our institutions imperiled the principle of this statute, enacted + by the fathers, has enabled the Government of the Union to maintain + its authority and to preserve the integrity of the nation. +</p> +<p> + At the most critical periods of our history my predecessors in the + executive office have relied on this great principle. It was on this + principle that President Washington suppressed the whisky rebellion in + Pennsylvania in 1794. +</p> +<p> + In 1806, on the same principle, President Jefferson broke up the Burr + conspiracy by issuing "orders for the employment of such force, either + of the regulars or of the militia, and by such proceedings of the + civil authorities, * * * as might enable them to suppress effectually + the further progress of the enterprise." And it was under the same + authority that President Jackson crushed nullification in South + Carolina and that President Lincoln issued his call for troops to save + the Union in 1861. On numerous other occasions of less significance, + under probably every Administration, and certainly under the present, + this power has been usefully exerted to enforce the laws, without + objection by any party in the country, and almost without attracting + public attention. +</p> +<p> + The great elementary constitutional principle which was the foundation + of the original statute of 1792, and which has been its essence in + the various forms it has assumed since its first adoption, is that the + Government of the United States possesses under the Constitution, + in full measure, the power of self-protection by its own agencies, + altogether independent of State authority, and, if need be, against + the hostility of State governments. It should remain embodied in + our statutes unimpaired, as it has been from the very origin of the + Government. It should be regarded as hardly less valuable or less + sacred than a provision of the Constitution itself. +</p> +<p> + There are many other important statutes containing provisions that are + liable to be suspended or annulled at the times and places of + holding elections if the bill before me should become a law. I do not + undertake to furnish a list of them. Many of them—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. +</p> +<p> + Another grave objection to the bill is its discrimination in favor + of the State and against the national authority. The presence or + employment of the Army or Navy of the United States is lawful under + the terms of this bill at the place where an election is being held in + a State to uphold the authority of a State government then and there + in need of such military intervention, but unlawful to uphold the + authority of the Government of the United States then and there in + need of such military intervention. Under this bill the presence or + employment of the Army or Navy of the United States would be lawful + and might be necessary to maintain the conduct of a State election + against the domestic violence that would overthrow it, but would be + unlawful to maintain the conduct of a national election against the + same local violence that would overthrow it. This discrimination has + never been attempted in any previous legislation by Congress, and is + no more compatible with sound principles of the Constitution or the + necessary maxims and methods of our system of government on occasions + of elections than at other times. In the early legislation of 1792 + and of 1795, by which the militia of the States was the only military + power resorted to for the execution of the constitutional powers + in support of State or national authority, both functions of the + Government were put upon the same footing. By the act of 1807 the + employment of the Army and Navy was authorized for the performance of + both constitutional duties in the same terms. +</p> +<p> + In all later statutes on the same subject-matter the same measure of + authority to the Government has been accorded for the performance + of both these duties. No precedent has been found in any previous + legislation, and no sufficient reason has been given for the + discrimination in favor of the State and against the national + authority which this bill contains. +</p> +<p> + Under the sweeping terms of the bill the National Government is + effectually shut out from the exercise of the right and from the + discharge of the imperative duty to use its whole executive power + whenever and wherever required for the enforcement of its laws at the + places and times when and where its elections are held. The employment + of its organized armed forces for any such purpose would be an offense + against the law unless called for by, and therefore upon permission + of, the authorities of the State in which the occasion arises. What is + this but the substitution of the discretion of the State governments + for the discretion of the Government of the United States as to the + performance of its own duties? In my judgment this is an abandonment + of its obligations by the National Government—a subordination of + national authority and an intrusion of State supervision over national + duties which amounts, in spirit and tendency, to State supremacy. +</p> +<p> + Though I believe that the existing statutes are abundantly adequate + to completely prevent military interference with the elections in the + sense in which the phrase is used in the title of this bill and is + employed by the people of this country, I shall find no difficulty in + concurring in any additional legislation limited to that object which + does not interfere with the indispensable exercise of the powers of + the Government under the Constitution and laws. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> + MAY 12, 1879. +</p> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>May 29, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + After mature consideration of the bill entitled "An act making + appropriations for the legislative, executive, and judicial expenses + of the Government for the fiscal year ending June 30, 1880, and for + other purposes," I herewith return it to the House of Representatives, + in which it originated, with the following objections to its approval: +</p> +<p> + The main purpose of the bill is to appropriate the money required to + support during the next fiscal year the several civil departments + of the Government. The amount appropriated exceeds in the aggregate + $18,000,000. +</p> +<p> + This money is needed to keep in operation the essential functions of + all the great departments of the Government—legislative, executive, + and judicial. If the bill contained no other provisions, no objection + to its approval would be made. It embraces, however, a number of + clauses, relating to subjects of great general interest, which are + wholly unconnected with the appropriations which it provides for. + The objections to the practice of tacking general legislation to + appropriation bills, especially when the object is to deprive a + coordinate branch of the Government of its right to the free exercise + of its own discretion and judgment touching such general legislation, + were set forth in the special message in relation to House bill No. 1, + which was returned to the House of Representatives on the 29th of last + month. I regret that the objections which were then expressed to this + method of legislation have not seemed to Congress of sufficient weight + to dissuade from this renewed incorporation of general enactments in + an appropriation bill, and that my constitutional duty in respect of + the general legislation thus placed before me can not be + discharged without seeming to delay, however briefly, the necessary + appropriations by Congress for the support of the Government. Without + repeating these objections, I respectfully refer to that message for + a statement of my views on the principle maintained in debate by the + advocates of this bill, viz, that "to withhold appropriations is a + constitutional means for the redress" of what the majority of the + House of Representatives may regard as "a grievance." +</p> +<p> + The bill contains the following clauses, viz: +</p> +<p class="q"> + <i>And provided further</i>, That the following sections of the + Revised Statutes of the United States, namely, sections 2016, + 2018, and 2020, and all of the succeeding sections of said + statutes down to and including section 2027, and also section + 5522, be, and the same are hereby, repealed; * * * and that + all the other sections of the Revised Statutes, and all + laws and parts of laws authorizing the appointment of + chief supervisors of elections, special deputy marshals of + elections, or general deputy marshals having any duties to + perform in respect to any election, and prescribing their + duties and powers and allowing them compensation, be, and the + same are hereby, repealed. +</p> +<p> + It also contains clauses amending sections 2017, 2019, 2028, and 2031 + of the Revised Statutes. +</p> +<p> + The sections of the Revised Statutes which the bill, if approved, + would repeal or amend are part of an act approved May 30, 1870, and + amended February 28, 1871, entitled "An act to enforce the rights of + citizens of the United States to vote in the several States of + this Union, and for other purposes." All of the provisions of the + above-named acts which it is proposed in this bill to repeal or modify + relate to the Congressional elections. The remaining portion of the + law, which will continue in force after the enactment of this measure, + is that which provides for the appointment, by a judge of the circuit + court of the United States, of two supervisors of election in each + election district at any Congressional election, on due application + of citizens who desire, in the language of the law, "to have such + election <i>guarded</i> and <i>scrutinized</i>." The duties of the supervisors + will be to attend at the polls at all Congressional elections, and + to remain after the polls are open until every vote cast has been + counted; but they will "have no authority to make arrests or to + perform other duties than to be in the immediate presence of the + officers holding the election and to witness all their proceedings, + including the counting of the votes and the making of a return + thereof." The part of the election law which will be repealed by the + approval of this bill includes those sections which give authority + to the supervisors of elections "to personally scrutinize, count, and + canvass each ballot," and all the sections which confer authority upon + the United States marshals and deputy marshals in connection with the + Congressional elections. The enactment of this bill will also repeal + section 5522 of the criminal statutes of the United States, which was + enacted for the protection of United States officers engaged in the + discharge of their duties at the Congressional elections. This section + protects supervisors and marshals in the performance of their duties + by making the obstruction or the assaulting of these officers, or + any interference with them, by bribery or solicitation or otherwise, + crimes against the United States. +</p> +<p> + The true meaning and effect of the proposed legislation are plain. The + supervisors, with the authority to observe and witness the proceedings + at the Congressional elections, will be left, but there will be no + power to protect them, or to prevent interference with their duties, + or to punish any violation of the law from which their powers are + derived. If this bill is approved, only the shadow of the authority of + the United States at the national elections will remain; the substance + will be gone. The supervision of the elections will be reduced to a + mere inspection, without authority on the part of the supervisors to + do any act whatever to make the election a fair one. All that will be + left to the supervisors is the permission to have such oversight of + the elections as political parties are in the habit of exercising + without any authority of law, in order to prevent their opponents from + obtaining unfair advantages. The object of the bill is to destroy + any control whatever by the United States over the Congressional + elections. +</p> +<p> + The passage of this bill has been urged upon the ground that the + election of members of Congress is a matter which concerns the States + alone; that these elections should be controlled exclusively by + the States; that there are and can be no such elections as national + elections, and that the existing law of the United States regulating + the Congressional elections is without warrant in the Constitution. +</p> +<p> + It is evident, however, that the framers of the Constitution regarded + the election of members of Congress in every State and in every + district as in a very important sense justly a matter of political + interest and concern to the whole country. The original provision of + the Constitution on this subject is as follows (sec. 4, Art. I): +</p> +<p class="q"> + The times, places, and manner of holding elections for + Senators and Representatives shall be prescribed in each State + by the legislature thereof; but the Congress may at any time, + by law, make or alter such regulations, except as to the + places of choosing Senators. +</p> +<p> + A further provision has been since added, which is embraced in the + fifteenth amendment. It is as follows: +</p> +<p class="q"> + SEC. 1. The right of citizens of the United States to vote + shall not be denied or abridged by the United States or by + any State on account of race, color, or previous condition of + servitude. +</p><p class="q"> + SEC. 2. The Congress shall have power to enforce this article + by appropriate legislation. +</p> +<p> + Under the general provision of the Constitution (sec. 4, Art. I) + Congress in 1866 passed a comprehensive law which prescribed full and + detailed regulations for the election of Senators by the legislatures + of the several States. This law has been in force almost thirteen + years. In pursuance of it all the members of the present Senate of the + United States hold their seats. Its constitutionality is not called + in question. It is confidently believed that no sound argument can + be made in support of the constitutionality of national regulation of + Senatorial elections which will not show that the elections of members + of the House of Representatives may also be constitutionally regulated + by the national authority. +</p> +<p> + The bill before me itself recognizes the principle that the + Congressional elections are not State elections, but national + elections. It leaves in full force the existing statute under which + supervisors are still to be appointed by national authority to + "observe and witness" the Congressional elections whenever due + application is made by citizens who desire said elections to be + "guarded and scrutinized." If the power to supervise in any respect + whatever the Congressional elections exists under section 4, Article + I, of the Constitution, it is a power which, like every other power + belonging to the Government of the United States, is paramount and + supreme, and includes the right to employ the necessary means to carry + it into effect. +</p> +<p> + The statutes of the United States which regulate the election of + members of the House of Representatives, an essential part of which + it is proposed to repeal by this bill, have been in force about eight + years. Four Congressional elections have been held under them, two of + which were at the Presidential elections of 1872 and 1876. Numerous + prosecutions, trials, and convictions have been had in the courts of + the United States in all parts of the Union for violations of these + laws. In no reported case has their constitutionality been called in + question by any judge of the courts of the United States. The validity + of these laws is sustained by the uniform course of judicial action + and opinion. +</p> +<p> + If it is urged that the United States election laws are not necessary, + an ample reply is furnished by the history of their origin and of + their results. They were especially prompted by the investigation and + exposure of the frauds committed in the city and State of New York + at the elections of 1868. Committees representing both of the leading + political parties of the country have submitted reports to the House + of Representatives on the extent of those frauds. A committee of the + Fortieth Congress, after a full investigation, reached the conclusion + that the number of fraudulent votes cast in the city of New York alone + in 1868 was not less than 25,000. A committee of the Forty-fourth + Congress in their report, submitted in 1877, adopted the opinion that + for every 100 actual voters of the city of New York in 1868 108 votes + were cast, when in fact the number of lawful votes cast could not + have exceeded 88 per cent of the actual voters of the city. By this + statement the number of fraudulent votes at that election in the city + of New York alone was between thirty and forty thousand. These frauds + completely reversed the result of the election in the State of New + York, both as to the choice of governor and State officers and as to + the choice of electors of President and Vice-President of the United + States. They attracted the attention of the whole country. It was + plain that if they could be continued and repeated with impunity free + government was impossible. A distinguished Senator, in opposing the + passage of the election laws, declared that he had "for a long time + believed that our form of government was a comparative failure in the + larger cities." To meet these evils and to prevent these crimes the + United States laws regulating Congressional elections were enacted. +</p> +<p> + The framers of these laws have not been disappointed in their results. + In the large cities, under their provisions, the elections have been + comparatively peaceable, orderly, and honest. Even the opponents of + these laws have borne testimony to their value and efficiency and to + the necessity for their enactment. The committee of the Forty-fourth + Congress, composed of members a majority of whom were opposed to these + laws, in their report on the New York election of 1876, said: +</p> +<p class="q"> + The committee would commend to other portions of the country + and to other cities this remarkable system, developed through + the agency of both local and Federal authorities acting in + harmony for an honest purpose. In no portion of the world and + in no era of time where there has been an expression of the + popular will through the forms of law has there been a more + complete and thorough illustration of republican institutions. + Whatever may have been the previous habit or conduct of + elections in those cities, or howsoever they may conduct + themselves in the future, this election of 1876 will stand as + a monument of what good faith, honest endeavor, legal forms, + and just authority may do for the protection of the electoral + franchise. +</p> +<p> + This bill recognizes the authority and duty of the United States + to appoint supervisors to guard and scrutinize the Congressional + elections, but it denies to the Government of the United States all + power to make its supervision effectual. The great body of the people + of all parties want free and fair elections. They do not think that + a free election means freedom from the wholesome restraints of law or + that the place of election should be a sanctuary for lawlessness + and crime. On the day of an election peace and good order are more + necessary than on any other day of the year. On that day the humblest + and feeblest citizens, the aged and the infirm, should be, and should + have reason to feel that they are, safe in the exercise of their + most responsible duty and their most sacred right as members of + society—their duty and their right to vote. The constitutional + authority to regulate the Congressional elections which belongs to the + Government of the United States, and which it is necessary to exert + to secure the right to vote to every citizen possessing the requisite + qualifications, ought to be enforced by appropriate legislation. + So far from public opinion in any part of the country favoring any + relaxation of the authority of the Government in the protection of + elections from violence and corruption, I believe it demands greater + vigor both in the enactment and in the execution of the laws framed + for that purpose. Any oppression, any partisan partiality, which + experience may have shown in the working of existing laws may well + engage the careful attention both of Congress and of the Executive, + in their respective spheres of duty, for the correction of these + mischiefs. As no Congressional elections occur until after the regular + session of Congress will have been held, there seems to be no public + exigency that would preclude a seasonable consideration at that + session of any administrative details that might improve the present + methods designed for the protection of all citizens in the complete + and equal exercise of the right and power of the suffrage at such + elections. But with my views, both of the constitutionality and of the + value of the existing laws, I can not approve any measure for their + repeal except in connection with the enactment of other legislation + which may reasonably be expected to afford wiser and more efficient + safeguards for free and honest Congressional elections. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>June 23, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + After careful examination of the bill entitled "An act making + appropriations for certain judicial expenses," I return it herewith + to the House of Representatives, in which it originated, with the + following objections to its approval: +</p> +<p> + The general purpose of the bill is to provide for certain judicial + expenses of the Government for the fiscal year ending June 30, 1880, + for which the sum of $2,690,000 is appropriated. These appropriations + are required to keep in operation the general functions of the + judicial department of the Government, and if this part of the bill + stood alone there would be no objection to its approval. It contains, + however, other provisions, to which I desire respectfully to ask your + attention. +</p> +<p> + At the present session of Congress a majority of both Houses, favoring + a repeal of the Congressional election laws embraced in title 26 of + the Revised Statutes, passed a measure for that purpose, as part of + a bill entitled "An act making appropriations for the legislative, + executive, and judicial expenses of the Government for the fiscal year + ending June 30, 1880, and for other purposes." Unable to concur with + Congress in that measure, on the 29th of May last I returned the bill + to the House of Representatives, in which it originated, without my + approval, for that further consideration for which the Constitution + provides. On reconsideration the bill was approved by less than + two-thirds of the House, and failed to become a law. The election laws + therefore remain valid enactments, and the supreme law of the land, + binding not only upon all private citizens, but also alike and equally + binding upon all who are charged with the duties and responsibilities + of the legislative, the executive, and the judicial departments of the + Government. +</p> +<p> + It is not sought by the bill before me to repeal the election laws. + Its object is to defeat their enforcement. The last clause of the + first section is as follows: +</p> +<p class="q"> + And no part of the money hereby appropriated is appropriated + to pay any salaries, compensation, fees, or expenses under + or in virtue of title 26 of the Revised Statutes, or of any + provision of said title. +</p> +<p> + Title 26 of the Revised Statutes, referred to in the foregoing clause, + relates to the elective franchise, and contains the laws now in force + regulating the Congressional elections. +</p> +<p> + The second section of the bill reaches much further. It is as follows: +</p> +<p class="q"> + SEC. 2. That the sums appropriated in this act for the persons + and public service embraced in its provisions are in full for + such persons and public service for the fiscal year ending + June 30, 1880; and no Department or officer of the Government + shall during said fiscal year make any contract or incur any + liability for the future payment of money under any of the + provisions of title 26 of the Revised Statutes of the United + States authorizing the appointment or payment of general + or special deputy marshals for service in connection with + elections or on election day until an appropriation sufficient + to meet such contract or pay such liability shall have first + been made by law. +</p> +<p> + This section of the bill is intended to make an extensive and + essential change in the existing laws. The following are the + provisions of the statutes on the same subject which are now in force: +</p> +<p class="q"> + SEC. 3679. No Department of the Government shall expend in any + one fiscal year any sum in excess of appropriations made by + Congress for that fiscal year, or involve the Government in + any contract for the future payment of money in excess of such + appropriations. +</p><p class="q"> + SEC. 3732. No contract or purchase on behalf of the United + States shall be made unless the same is authorized by law or + is under an appropriation adequate to its fulfillment, except + in the War and Navy Departments, for clothing, subsistence, + forage, fuel, quarters, or transportation, which, however, + shall not exceed the necessities of the current year. +</p> +<p> + The object of these sections of the Revised Statutes is plain. It is, + first, to prevent any money from being expended unless appropriations + have been made therefor, and, second, to prevent the Government from + being bound by any contract not previously authorized by law, except + for certain necessary purposes in the War and Navy Departments. +</p> +<p> + Under the existing laws the failure of Congress to make the + appropriations required for the execution of the provisions of the + election laws would not prevent their enforcement. The right and duty + to appoint the general and special deputy marshals which they provide + for would still remain, and the executive department of the Government + would also be empowered to incur the requisite liability for + their compensation. But the second section of this bill contains a + prohibition not found in any previous legislation. Its design is to + render the election laws inoperative and a dead letter during the + next fiscal year. It is sought to accomplish this by omitting to + appropriate money for their enforcement and by expressly prohibiting + any Department or officer of the Government from incurring any + liability under any of the provisions of title 26 of the Revised + Statutes authorizing the appointment or payment of general or special + deputy marshals for service on election days until an appropriation + sufficient to pay such liability shall have first been made. +</p> +<p> + The President is called upon to give his affirmative approval to + positive enactments which in effect deprive him of the ordinary and + necessary means of executing laws still left in the statute book + and embraced within his constitutional duty to see that the laws are + executed. If he approves the bill, and thus gives to such positive + enactments the authority of law, he participates in the curtailment + of his means of seeing that the law is faithfully executed, while + the obligation of the law and of his constitutional duty remains + unimpaired. +</p> +<p> + The appointment of special deputy marshals is not made by the statute + a spontaneous act of authority on the part of any executive or + judicial officer of the Government, but is accorded as a popular right + of the citizens to call into operation this agency for securing the + purity and freedom of elections in any city or town having 20,000 + inhabitants or upward. Section 2021 of the Revised Statutes puts it in + the power of any two citizens of such city or town to require of + the marshal of the district the appointment of these special deputy + marshals. Thereupon the duty of the marshal becomes imperative, and + its nonperformance would expose him to judicial mandate or punishment + or to removal from office by the President, as the circumstances of + his conduct might require. The bill now before me neither revokes this + popular right of the citizens, nor relieves the marshal of the duty + imposed by law, nor the President of his duty to see that this law is + faithfully executed. +</p> +<p> + I forbear to enter again upon any general discussion of the wisdom + and necessity of the election laws or of the dangerous and + unconstitutional principle of this bill—that the power vested in + Congress to originate appropriations involves the right to compel the + Executive to approve any legislation which Congress may see fit to + attach to such bills, under the penalty of refusing the means needed + to carry on essential functions of the Government. My views on these + subjects have been sufficiently presented in the special messages sent + by me to the House of Representatives during their present session. + What was said in those messages I regard as conclusive as to my + duty in respect to the bill before me. The arguments urged in those + communications against the repeal of the election laws and against + the right of Congress to deprive the Executive of that separate and + independent discretion and judgment which the Constitution confers and + requires are equally cogent in opposition to this bill. This + measure leaves the powers and duties of the supervisors of elections + untouched. The compensation of those officers is provided for under + permanent laws, and no liability for which an appropriation is now + required would therefore be incurred by their appointment. But the + power of the National Government to protect them in the discharge of + their duty at the polls would be taken away. The States may employ + both civil and military power at the elections, but by this bill even + the civil authority to protect Congressional elections is denied to + the United States. The object is to prevent any adequate control + by the United States over the national elections by forbidding + the payment of deputy marshals, the officers who are clothed with + authority to enforce the election laws. +</p> +<p> + The fact that these laws are deemed objectionable by a majority of + both Houses of Congress is urged as a sufficient warrant for this + legislation. +</p> +<p> + There are two lawful ways to overturn legislative enactments. One + is their repeal; the other is the decision of a competent tribunal + against their validity. The effect of this bill is to deprive the + executive department of the Government of the means to execute laws + which are not repealed, which have not been declared invalid, and + which it is therefore the duty of the executive and of every other + department of Government to obey and to enforce. +</p> +<p> + I have in my former message on this subject expressed a willingness + to concur in suitable amendments for the improvement of the election + laws; but I can not consent to their absolute and entire repeal, and I + can not approve legislation which seeks to prevent their enforcement. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>June 27, 1879</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return without approval Senate bill No. 595,<a href="#note-28"><small>28</small></a> with the following + objection to its becoming a law: +</p> +<p> + Doubts have arisen upon consideration of the bill as to whether Major + Collins will be required under it to refund to the United States the + pay and allowances received by him at the time he was mustered out of + the service. Believing that it was not the intention of Congress to + require such repayment, the bill is returned without my signature to + the House in which it originated. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 30, 1879</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return to the House of Representatives, in which it originated, + the bill entitled "An act making appropriations to pay fees of United + States marshals and their general deputies," with the following + objections to its becoming a law: +</p> +<p> + The bill appropriates the sum of $600,000 for the payment during the + fiscal year ending June 30, 1880, of United States marshals and their + general deputies. The offices thus provided for are essential to the + faithful execution of the laws. They were created and their powers and + duties defined by Congress at its first session after the adoption of + the Constitution in the judiciary act which was approved September + 24, 1789. Their general duties, as defined in the act which originally + established them, were substantially the same as those prescribed in + the statutes now in force. +</p> +<p> + The principal provision on the subject in the Revised Statutes is as + follows: +</p> +<p class="q"> + SEC. 787. It shall be the duty of the marshal of each district + to attend the district and circuit courts when sitting + therein, and to execute throughout the district all lawful + precepts directed to him and issued under the authority of + the United States; and he shall have power to command all + necessary assistance in the execution of his duty. +</p> +<p> + The original act was amended February 28, 1795, and the amendment is + now found in the Revised Statutes in the following form: +</p> +<p class="q"> + SEC. 788. The marshals and their deputies shall have in each + State the same powers in executing the laws of the United + States as the sheriffs and their deputies in such State may + have by law in executing the laws thereof. +</p> +<p> + By subsequent statutes additional duties have been from time to time + imposed upon the marshals and their deputies, the due and regular + performance of which are required for the efficiency of almost every + branch of the public service. Without these officers there would be + no means of executing the warrants, decrees, or other process of + the courts, and the judicial system of the country would be fatally + defective. The criminal jurisdiction of the courts of the United + States is very extensive. The crimes committed within the maritime + jurisdiction of the United States are all cognizable only in the + courts of the United States. Crimes against public justice; crimes + against the operations of the Government, such as forging or + counterfeiting the money or securities of the United States; crimes + against the postal laws; offenses against the elective franchise, + against the civil rights of citizens, against the existence of the + Government; crimes against the internal-revenue laws, the customs + laws, the neutrality laws; crimes against laws for the protection of + Indians and of the public lands—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. +</p> +<p> + The bill contains, however, other provisions which are identical in + tenor and effect with the second section of the bill entitled "An act + making appropriations for certain judicial expenses," which on the 23d + of the present month was returned to the House of Representatives + with my objections to its approval. The provisions referred to are as + follows: +</p> +<p class="q"> + SEC. 2. That the sums appropriated in this act for the persons + and public service embraced in its provisions are in full for + such persons and public service for the fiscal year ending + June 30, 1880; and no Department or officer of the Government + shall during said fiscal year make any contract or incur any + liability for the future payment of money under any of the + provisions of title 26 mentioned in section 1 of this act + until an appropriation sufficient to meet such contract or pay + such liability shall have first been made by law. +</p> +<p> + Upon a reconsideration in the House of Representatives of the bill + which contained these provisions it lacked a constitutional majority, + and therefore failed to become a law. In order to secure its + enactment, the same measure is again presented for my approval, + coupled in the bill before me with appropriations for the support of + marshals and their deputies during the next fiscal year. The object, + manifestly, is to place before the Executive this alternative: Either + to allow necessary functions of the public service to be crippled + or suspended for want of the appropriations required to keep them in + operation, or to approve legislation which in official communications + to Congress he has declared would be a violation of his constitutional + duty. Thus in this bill the principle is clearly embodied that by + virtue of the provision of the Constitution which requires that + "all bills for raising revenue shall originate in the House of + Representatives" a bare majority of the House of Representatives has + the right to withhold appropriations for the support of the Government + unless the Executive consents to approve any legislation which may + be attached to appropriation bills. I respectfully refer to the + communications on this subject which I have sent to Congress during + its present session for a statement of the grounds of my conclusions, + and desire here merely to repeat that in my judgment to establish + the principle of this bill is to make a radical, dangerous, and + unconstitutional change in the character of our institutions. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has become known to me that certain evil-disposed persons + have within the territory and jurisdiction of the United States begun + and set on foot preparations for an organized and forcible possession + of and settlement upon the lands of what is known as the Indian + Territory, west of the State of Arkansas, which Territory is + designated, recognized, and described by the treaties and laws of the + United States and by the executive authorities as Indian country, and + as such is only subject to occupation by Indian tribes, officers of + the Indian Department, military posts, and such persons as may be + privileged to reside and trade therein under the intercourse laws of + the United States; and +</p> +<p> + Whereas those laws provide for the removal of all persons residing and + trading therein without express permission of the Indian Department + and agents, and also of all persons whom such agents may deem to be + improper persons to reside in the Indian country: +</p> +<p> + Now, therefore, for the purpose of properly protecting the interests + of the Indian nations and tribes, as well as of the United States, in + said Indian Territory, and of duly enforcing the laws governing the + same, I, Rutherford B. Hayes, President of the United States, do + admonish and warn all such persons so intending or preparing to remove + upon said lands or into said Territory without permission of the + proper agent of the Indian Department against any attempt to so remove + or settle upon any of the lands of said Territory; and I do further + warn and notify any and all such persons who may so offend that they + will be speedily and immediately removed therefrom by the agent, + according to the laws made and provided; and if necessary the aid and + assistance of the military forces of the United States will be invoked + to carry into proper execution the laws of the United States herein + referred to. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 26th day of April, A.D. 1879, and + of the Independence of the United States the one hundred and third. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> +<p> </p> + +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + At no recurrence of the season which the devout habit of a religious + people has made the occasion for giving thanks to Almighty God and + humbly invoking His continued favor has the material prosperity + enjoyed by our whole country been more conspicuous, more manifold, or + more universal. +</p> +<p> + During the past year, also, unbroken peace with all foreign nations, + the general prevalence of domestic tranquillity, the supremacy and + security of the great institutions of civil and religious freedom, + have gladdened the hearts of our people and confirmed their attachment + to their Government, which the wisdom and courage of our ancestors so + fitly framed and the wisdom and courage of their descendants have + so firmly maintained to be the habitation of liberty and justice to + successive generations. +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, do appoint Thursday, the 27th day of November instant, as a + day of national thanksgiving and prayer; and I earnestly recommend + that, withdrawing themselves from secular cares and labors, the people + of the United States do meet together on that day in their respective + places of worship, there to give thanks and praise to Almighty God for + His mercies and to devoutly beseech their continuance. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 3d day of November, A.D. 1879, + and of the Independence of the United States the one hundred and + fourth. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<center> + [From the New-York Tribune, February 14, 1879.] +</center> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 4, 1879.</i> +</p> +<p> + General E.A. MERRITT. +</p> +<p> + MY DEAR GENERAL: I congratulate you on your confirmation. It is a + great gratification to me, very honorable to you, and will prove, + I believe, of signal service to the country. My desire is that the + office be conducted on strictly business principles, and according to + the rules for the civil service which were recommended by the Civil + Service Commission in the Administration of General Grant. I want + you to be perfectly independent of mere influence from any quarter. + Neither my recommendation, nor that of Secretary Sherman, nor of + any member of Congress or other influential person must be specially + regarded. Let appointments and removals be made on business principles + and according to rules. There must be, I assume, a few places filled + by those you personally know to be trustworthy, but restrict the area + of patronage to the narrowest limits. Let no man be put out merely + because he is a friend to Mr. Arthur, and no man put in merely because + he is our friend. The good of the service should be the sole end in + view. The best means yet presented, it seems to me, are the rules + recommended by the Civil Service Commission. I shall issue no new + order on the subject at present. I am glad you approve of the message, + and I wish you to see that all that is expressed or implied in it is + faithfully carried out. +</p> +<p> + Again congratulating you, and assuring you of my entire confidence, + I remain, sincerely, +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<center> + Regulations to Prevent the Introduction of the "Plague" into the + United States. +</center> +<p class="r"> +TREASURY DEPARTMENT,<br> + OFFICE OF THE SURGEON-GENERAL,<br> + UNITED STATES MARINE HOSPITAL SERVICE,<br> +<br> + <i>Washington, D.C., March 3, 1879.</i> +</p> +<p> +<i>To Officers of the Customs Revenue, Medical Officers of the + Marine-Hospital Service, and others whom it may concern</i>: +</p> +<p> + The act approved April 29, 1878, entitled "An act to prevent the + introduction of contagious or infectious diseases into the United + States," provides that no vessel coming from any foreign port or + country where any contagious or infectious disease exists, nor any + vessel conveying infected merchandise, shall enter any port of the + United States or pass the boundary line between the United States and + any foreign country except in such manner as may be prescribed under + said act. +</p> +<p> + Attention has been called to the prevalence of a dangerous epidemic + disease in southern Russia known as the "plague," and its extremely + virulent and contagious character, as manifested in the late outbreak, + leaves no doubt that it is similar to, if not identical with, the + "plague" which devastated the Old World in past centuries. Because, + therefore, of the danger which attaches to rags, furs, etc., as + carriers of infection, the following regulations are framed, under + the direction of the Secretary of the Treasury, and subject to the + approval of the President, for the protection of the health of the + people of the United States against the danger referred to: +</p> +<p> + Until further orders no vessel from any port of the Black Sea or the + Sea of Azof, conveying any rags, furs, skins, hair, feathers, boxed + or baled clothing or bedding, or any similar articles liable to convey + infection, nor any vessel from any port of the Mediterranean or Red + seas having on board such articles coming from southern Russia, shall + enter any port of the United States until such articles shall have + been removed from the vessel to open lighters or to some isolated + locality and the vessel disinfected and thoroughly ventilated; and the + suspected articles shall be disinfected, either by chemical agents and + exposure to free currents of air or by burning, as shall be determined + in each case by the Surgeon-General of the Marine-Hospital Service. +</p> +<p> + The certificate of the State or municipal quarantine officer of health + may be accepted as satisfactory evidence of compliance with these + regulations on the part of the vessel. +</p> +<p class="r"> +JNO. M. WOODWORTH,<br> + <i>Surgeon-General United States Marine-Hospital Service.</i> +</p> +<p> + Approved: +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> +CUSTOM-HOUSE, NEW YORK CITY,<br> + <i>Collector's Office, February 26, 1879.</i> +</p> +<p> +Hon. JOHN SHERMAN,<br> + <i>Secretary of the Treasury.</i> +</p> +<p> + SIR: The President, by letter of 4th instant, having requested + that appointments and promotions in this office should be made in + accordance with the civil-service rules of 1872, and having also made + a similar request of the naval officer, it has been deemed best to + make, if practicable, the same rules applicable to all the offices + in this city included in the order of the Treasury Department dated + August 7, 1872. +</p> +<p> + With that view, and after several conferences, it has been agreed + by the assistant treasurer, naval officer, appraiser, surveyor, and + myself to submit the inclosed modifications of the rules of 1872, and + should they meet approval to put in operation forthwith the rules so + modified. +</p> +<p> + I am, very respectfully, +</p> +<p class="r"> + E.A. MERRITT,<br> <i>Collector.</i> +</p> +<p> </p> + +<center> + [The modifications submitted with the above letter are omitted, + and instead are inserted the following regulations, based upon said + modifications, approved by the President March 6, 1879, and amended + with his approval in January, 1880.] +</center> +<p> </p> +<center> + Regulations Governing Appointments and Promotions in the Customs + Service and Subtreasury in the City of New York. +</center> +<p> + I. Every application for appointment to a vacancy in the lowest grade + of any group in the offices of the collector and the surveyor of + customs, the naval officer, the appraiser, and the assistant treasurer + of the United States in the city of New York must be made in the + handwriting of the applicant to the head of the office in which + employment is desired. It must state: (1) The position to which the + applicant desires to be appointed;<a href="#note-29"><small>29</small></a> (2) place and date of birth; + (3) legal residence, and how long it has been such; (4) education; (5) + occupation, past and present; (6) whether ever employed in the civil + service, and, if so, when, how long, in what branch and capacity, and + reasons for leaving the service; (7) whether ever in the Regular or + Volunteer Army or Navy, and, if so, when and in what organization and + capacity; (8) applicant's name in full. +</p> +<p> + II. The applicant must certify to having composed and written the + application without assistance; to the truth of the statements which + it contains; to being a citizen of the United States, and faithful + to the Union and the Constitution; and, if ever in the Regular or + Volunteer Army or Navy, to having been honorably discharged. +</p> +<p> + III. Every application must be accompanied by a certificate, signed by + two trustworthy and responsible persons, well known in the community + in which they reside, that the applicant is personally well known to + them to be of good moral character and of temperate and industrious + habits, and to be faithful to the Union and the Constitution of the + United States. +</p> +<p> + IV. Every application must also be accompanied by the certificate of a + practicing physician as to the applicant's general health and physical + capacity to perform the duties of the position to which he desires to + be appointed: <i>Provided, however</i>, That no appointment will be made to + any position in active outdoor service unless a surgeon of the United + States Marine-Hospital Service shall certify that he has made a + physical examination of the applicant and found him fit for such + position. Such surgeon's examination may be postponed until required + by the nominating officer. +</p> +<p> + V. Applications filed previously to the adoption of these regulations + must be renewed or perfected in accordance therewith to entitle them + to consideration. No applications for appointment as day or night + inspectors in the custom-house from persons under 21 years of age, + or for other positions under these regulations from persons under 18 + years of age, will be considered. In compliance with section 1031 of + the Treasury Regulations now in force, persons over 45 years of age + are not eligible to any group the lowest grade of which is confined + to persons receiving an annual salary of less than $1,800. This + prohibition, however, shall not be applied to those who have been + honorably discharged from the service and are otherwise qualified. +</p> +<p> + VI. All applications upon their receipt will be carefully examined + by the board of examiners, and those which do not conform in every + particular to the foregoing requirements, and such as show that the + applicants are manifestly not qualified for the duties of the position + desired, will be rejected and the applicants so notified. All other + applicants will be designated as eligible for examination, and will + be so notified. Inasmuch as applications are to be made in writing and + each case is to be decided upon its merits, personal importunity will + have no weight. +</p> +<p> + VII. Not less than five days prior to each examination a notification + to appear at a time and place to be stated will be mailed to the + eligible candidates, unless it shall be found impracticable to examine + all of them, in which case a practicable number will be selected under + the second regulation<a href="#note-30"><small>30</small></a> for the civil service promulgated April 16, + 1872, and notified to appear for examination. Those not selected for + examination will remain on the eligible list. If any person notified + to appear shall be unable to do so on account of sickness or other + causes, he must promptly advise the board of examiners, in person or + by mail, of his inability to attend, and his name will remain upon + the eligible list; but any person attending an examination will not be + allowed to subsequently plead sickness or other disabling causes as an + excuse for defects in examination. +</p> +<p> + VIII. All candidates for appointment to positions the annual salary + of which is $1,200 or more, who shall appear in accordance with such + notification, will be subjected to a competitive written examination + upon the following subjects: +</p> +<p> + (1) Copying from dictation; (2) arithmetic—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. +</p> +<p> + Candidates for appointment to positions the salary of which is + less than $1,200 will be examined in like manner upon the following + subjects: (1) Penmanship, (2) copying; (3) elements of English + grammar, chiefly orthography and syntax; and (4) fundamental rules of + arithmetic. +</p> +<p> + Proficiency in penmanship, orthography, and punctuation will be + determined principally by a review of the examination papers, and as + far as possible the examination in all the branches will be confined + to practical exercises. +</p> +<p> + In examinations for appointments to positions requiring special + or technical knowledge such additions may be made by the board of + examiners to the list of subjects as the nature of the case may + require. +</p> +<p> + For temporary employment to meet casual exigencies in the public + business, or for special services as experts, appointments may be made + without examination; but no such appointment shall be made for a term + exceeding three months, which may be specially extended for a similar + term only; and no such appointment shall be made to any regular or + permanent position. +</p> +<p> + IX. The various subjects of the examination may be subdivided, if + thought desirable, into classes, and to each subject or class a + relative weight, according to its importance in the examination, will + be assigned by each board of examiners. The mode of ascertaining the + result of the examination will be as follows: The degree of accuracy + with which each question shall be answered will first be marked by the + board on a scale of 100. The average of the marks given to the answers + to the questions in each subject or class will next be ascertained. + Each average will then be multiplied by the number indicating the + relative weight of the subject or class, and the sum of the products + will be divided by the sum of the relative weights. The quotient will + determine the candidate's standing in the examination. Relative weight + will be assigned not merely to the special qualifications of the + candidates, but to their general aptitude, as shown in the course of + examination. Candidates will be examined during office hours, and in + no case will their examination be continued more than one day. +</p> +<p> + X. The board of examiners will prepare a list of the persons examined + in the order of their excellence, as proved by such examination, + beginning with the highest, and will then certify to the head of the + office the names standing at the head of such list, not exceeding + three. When more than one appointment is to be made, the vacancies + will be numbered, and the first three names will be certified for + the first vacancy, the remaining two and the fourth for the second + vacancy, the remaining two and the fifth for the third vacancy, and so + on for the whole number of vacancies; but if, after selecting one + of any three certified for appointment, the head of the office shall + object to another presentation of either of the remaining names, it + shall not be again certified. +</p> +<p> + XI. The examination papers of any candidate who shall have passed a + minimum standard of 75 per cent, but who shall fail to be appointed, + will, if requested by the candidate, be brought into competition with + those candidates who shall compete for vacancies of the same class + and nature occurring within one year: <i>Provided, however</i>, That the + candidate shall not have been specially objected to by the head of + the office under the last preceding regulation. No candidate who upon + examination has been marked below the minimum will be allowed to again + compete within one year from the date of such examination, unless for + admission to a lower group. +</p> +<p> + XII. All examination papers will be filed, and will at all times be + open to the inspection of those interested, under such restrictions as + may be imposed by the head of the office. +</p> +<p> + XIII. There shall be one examining board for all appointments + and promotions under these rules in the offices of the collector, + surveyor, and naval officer, which shall consist of the surveyor and + one representative to be nominated each by the collector and the + naval officer, and three alternates, to be nominated one each by the + collector, the naval officer, and the surveyor: <i>Provided, however</i>, + That in examinations for positions in the surveyor's office the + surveyor's alternate shall act on such board. The examining boards in + the offices of the assistant treasurer and the appraiser shall consist + of three persons, with three alternates, to be nominated by the + assistant treasurer and the appraiser, respectively. All nominations + as members and alternates on the examining boards shall be submitted + to the Secretary of the Treasury for his approval. The heads of the + several offices shall constitute a board of revision and appeal, + which, upon appeal from any person examined or from any member of an + examining board, shall revise the decision of said board. +</p> +<p> + XIV. Whenever the head of an office shall notify the board of + examiners for such office that a vacancy which he desires to fill + exists in any grade above the lowest not excepted from the rules + and regulations for the civil service, the board will fix a time for + holding an examination for the purpose, and at least five days before + the same is to take place will cause a notice to be posted in a + conspicuous place in the office, stating the grade and group of the + vacancy, the date of the examination, and that the vacancy is to be + filled by a competitive examination of applicants from the next lower + grade, unless none in such lower grade be found qualified, when those + in the next lower grade may compete, or, if there be none in any of + the lower grades qualified, competition will be open to applicants. In + any examination for promotion, if the competitors from the next + lower grade shall not exceed three in number, the board may, at its + discretion, open the competition to the next lower grade or below, as + they may deem best; and furthermore, if such promotion would probably + occasion vacancies requiring other promotions, the board may combine + in one the necessary examinations for such promotions. No person who + has been examined in any grade for promotion and failed to receive + such promotion shall again be admitted to examination within six + months, but in the meantime his general average, as ascertained by + such examination, may be brought into competition, as provided in + Regulation XI. +</p> +<p> + XV. The examination will be held upon the general subjects fixed for + examinations for admission to the lowest grade of the group and upon + such other subjects as the general nature of the business of the + office and the special nature of the position to be filled may seem + to the board of examiners to require. Due weight will be given to the + efficiency with which the several candidates shall have previously + performed their duties in the office; but no one who shall fail to + pass a minimum standard of 75 per cent in the written examination will + be certified for appointment. +</p> +<p> + XVI. If no applicants from within the group shall be found competent, + an examination will be held of all who shall make application in + accordance with the regulations governing applications for admission + to the office, after due public notice by the head of the office. The + examination will be conducted in accordance with the provisions for + admission to the office, as required by the fourth rule<a href="#note-31"><small>31</small></a> for the + civil service promulgated December 19, 1871, but the nature of the + examination will be the same as in any previous examination for the + same vacancy. +</p> +<p> + XVII. The list of names from which the appointment is to be made will + be prepared and certified in the manner provided for admission to the + lowest grade. +</p> +<p> + XVIII. Persons employed in any of the offices to which these rules are + applicable may be transferred without examination from one office to + a grade no higher in another office, with, the consent of the heads + of the respective offices and the approval of the Secretary of the + Treasury. +</p> +<p> + XIX. Under the provisions of rule 2<a href="#note-32"><small>32</small></a> of August 5, 1873, and the + operation of these regulations, the power of suspension and of + recommendation for discharge from the service shall remain with the + nominating officer unrestricted. If, however, in his judgment it be + deemed advisable, he may direct any person in his department to be + cited before the regular examining board, and such board shall examine + into and report upon the qualifications, efficiency, and general + fitness for the position held, or for any position in the same or a + lower grade, of the person so cited to appear; and furthermore, any + person in the service engaged in active outdoor duties may be cited to + appear before a surgeon of the United States Marine-Hospital Service + and be examined by such surgeon as to the physical abilities of such + person to perform the duties of the position occupied or of a position + of less exposure, if otherwise qualified. +</p> +<p> + XX. The sessions of the examining boards shall not be open to the + public, but the board of revision and appeal may select such number + of prominent citizens as may be deemed advisable, who shall have + free access to the examining rooms, and who shall take no part in the + conduct of the examination, but may, by inspection and inquiry, + assure themselves regarding its thoroughness and impartiality, and may + publicly certify the results of their inspection. +</p> +<center> + [Seventh rule for the civil service under the Executive order + of April 16, 1872.<a href="#note-33"><small>33</small></a>] +</center> +<p> + The appointment of all persons entering the civil service in + accordance with these regulations, excepting persons appointed by + the President by and with the advice and consent of the Senate, + postmasters, and persons appointed to any position in a foreign + country, shall be made for a probationary term of six months, during + which the conduct and capacity of such persons shall be tested; and + if at the end of said probationary term satisfactory proofs of their + fitness shall have been furnished by the board of examiners to the + head of the Department in which they shall have been employed during + said term, they shall be reappointed. +</p> +<center> + [Fourth regulation for the civil service under the Executive + order of April 16, 1872<a href="#note-34"><small>34</small></a>] +</center> +<p> + The appointment of persons to be employed exclusively in the + secret service of the Government, also of persons to be employed + as translators, stenographers, or private secretaries, * * * may be + excepted from the operation of the rules. +</p> +<center> + [Ninth rule for the civil service under the Executive order of + April 16, 1872. <a href="#note-35"><small>35</small></a>] +</center> +<p> + Any person who, after long and faithful service in a Department, + shall be incapacitated by mental or bodily infirmity for the efficient + discharge of the duties of his position may be appointed by the + head of the Department, at his discretion, to a position of less + responsibility in the same Department. +</p> +<center> + [Seventh rule for the civil service under the Executive order + of August 5, 1873.<a href="#note-36"><small>36</small></a>] +</center> +<p> + Applicants for appointment as cashiers of collectors of customs, + cashiers of assistant treasurers, cashiers of postmasters, + superintendents of money-order divisions in post-offices, and other + custodians of large sums of public money for whose fidelity another + officer has given official bonds maybe appointed at discretion; but + this rule shall not apply to any appointment to a position grouped + below the grade of assistant teller. +</p> +<p> + The amendments of the New York custom-house rules seem proper. +</p> +<p class="r"> + R.B.H. +</p> +<p> </p> + +<p class="r"> + MARCH 6, 1879. +</p> +<p> +General E.A. MERRITT,<br> + <i>Collector of Customs, New York</i> +</p> +<p> + SIR: Your letter of the 26th ultimo, inclosing a draft of modification + of the civil-service rules, was duly received, and the rules have been + considered and approved by the President. You may therefore act upon + them. +</p> +<p> + Very respectfully, +</p> +<p class="r"> +JOHN SHERMAN,<br> + <i>Secretary</i>. +</p> +<center> + RULES GOVERNING APPOINTMENT AND PROMOTION IN THE NEW YORK POST-OFFICE. +</center> +<p> + For the purpose of making it more certain that only persons of + good character and adequate capacity shall be selected from among + applicants too numerous for the postmaster to become informed of their + individual merits by personal investigation, the following rules are + established: +</p> +<p> + 1. Hereafter all applications for clerical appointment at this + post-office must be made in accordance with a prescribed form, a copy + of which will be furnished to each applicant. +</p> +<p> + 2. All appointments to clerical positions will be made to the lowest + grade, and no applications from persons under 16 or over 25 years of + age will be entertained. +</p> +<p> + 3. On receipt of an application for appointment, and before further + action is taken in regard to it, the applicant will be referred to the + medical officer for examination as to his physical condition, as + being adequate for the service; and if the report is unfavorable the + application will be rejected. Should the report be favorable, the + application will be filed and registered in its regular order. +</p> +<p> + 4. Every application must be accompanied by a certificate, signed by + not less than three nor more than five reputable citizens, stating + the time for which each has been acquainted with the applicant, + and testifying to his good character and reputation for integrity, + sobriety, and industry, and to the willingness of the signers to + furnish personally any further information they may possess concerning + the applicant, if so requested by the postmaster or the board of + examiners. +</p> +<p> + 5. Applications not properly filled out as herein required, or which + are found to contain false statements, or which in any other manner + show the unfitness of the applicant for employment in the post-office, + will be rejected and the applicant notified of such rejection. +</p> +<p> + 6. All examination papers, with the markings showing the relative + proficiency of the candidates, will be carefully preserved and filed. +</p> +<p> + 7. The names of candidates which have been on the register for + one year without being reached for examination will be regarded as + removed, and will not be selected for examination unless again + placed on the register by a new application, after which they will be + selected when reached in order. +</p> +<p> + 8. All applications duly received and filed shall, when reached in + order, be referred to a board of examiners, which is hereby appointed, + and which shall consist of the assistant postmaster, auditor, the + general superintendents of the fourth, fifth, and sixth divisions, + and the assistant general superintendent of the third division. The + postmaster's private secretary shall also act as secretary of said + board. +</p> +<p> + 9. When vacancies occur in the lowest grade, the board of examiners + shall notify such number of applicants, not less than twenty, of + those first on the register of applicants to appear for a competitive + examination. +</p> +<p> + 10. The questions to be asked and answered at such examinations shall + be such as will show the relative proficiency of the candidates, + first, in penmanship; second, in arithmetic; third, in geography; + fourth, in English grammar; fifth, in the history of the United States + and in matters of a public nature, to the extent that may be required + adequately to test general capacity or special fitness for the postal + service. +</p> +<p> + 11. The board shall present to the postmaster a list of the names of + the successful candidates in the order of their excellence, as shown + by the examination, beginning with the highest; and the appointments + will be made from the three highest names on the list. +</p> +<p> + 12. All further details in methods of examination will be left to + the discretion of the board, but subject to the instructions of the + postmaster, in conformity herewith. +</p> +<p> + 13. All vacancies that may occur in the higher grades of any + department shall be filled by promotion from the lower grades by means + of competitive examinations, to which shall be admitted as competitors + such persons only as are already employed in the division in which the + vacancy exists or in divisions having analogous duties. The questions + in these examinations shall be restricted mainly to matters pertaining + to the ordinary business of that department. The examinations shall be + conducted by the general superintendent of the division to which the + department is attached, assisted by such one or more other officers + of the same as the postmaster may select; and they shall report the + result to the postmaster in the manner provided in rule 11, and the + vacancy will be filled by the promotion of some one of the three + standing highest in the competition. But whenever the vacancy to be + filled by promotion is that of a position requiring the exercise of + administrative authority the board may add such questions as will test + the degree to which the candidates possess special qualifications for + such position. +</p> +<p> + 14. For positions as porters the examination will be confined to + questions intended to test the physical ability of the candidates and + their proficiency in reading, penmanship, and elementary arithmetic + only. +</p> +<p> + 15. The postmaster reserves from the operation of the above rules for + original Appointment and promotion positions of especial pecuniary + trust, as well as those involving confidential relations, as private + secretary, etc. +</p> +<p class="r"> + THOMAS L. JAMES,<br> <i>Postmaster</i>. +</p> +<p> + Approved. Let these rules go into effect May 1, 1879. +</p> +<p class="r"> + D.M. KEY,<br> <i>Postmaster-General.</i> +</p> +<p> + APRIL 3, 1879. +</p> +<p> + The foregoing rules are approved. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<center> + [From the Evening Star, Washington, D.C., May 28, 1879.] +</center> + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, May 28, 1879</i>. +</p> +<p> + SIR:<a href="#note-37"><small>37</small></a> I am directed by the President to say that the several + Departments of the Government will be closed on Friday, the 30th + instant, in remembrance of those who fell in defense of the nation, + and to enable the employees to participate in the commemorative + ceremonies of the day. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> + W.K. ROGERS,<br> <i>Private Secretary</i>. +</p> +<p> </p> + +<p class="r"> +TREASURY DEPARTMENT,<br> + OFFICE OF THE SURGEON GENERAL,<br> + UNITED STATES MARINE-HOSPITAL SERVICE,<br> + <i>Washington, D.C., May 31, 1879</i>. +</p> +<p> + <i>To Medical Officers of the Marine-Hospital Service and others whom it + may concern:</i> +</p> +<p> + Official information having been received to the effect that the + "plague" which existed in southern Russia is now almost extinct, the + regulations issued March 3, 1879,<a href="#note-38"><small>38</small></a> imposing certain restrictions + upon the importation of rags, etc., into the United States, are hereby + revoked. +</p> +<p> + By order of the Secretary of the Treasury: +</p> +<p class="r"> +J.B. HAMILTON,<br> + <i>Surgeon-General United States Marine-Hospital Service</i>. +</p> +<p> + Approved: +</p> +<p class="r"> +R.B. HAYES. +</p> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, November 1, 1879</i>. +</p> +<p> + The sad intelligence of the death of Zachariah Chandler, late + Secretary of the Interior, and during so many years a Senator from the + State of Michigan, has been communicated to the Government and to the + country, and in proper respect to his memory I hereby order that the + several Executive Departments be closed to public business and their + flags and those of their dependencies throughout the country be + displayed at half-mast on the day of his funeral. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, November 17, 1879</i>. +</p> +<p> + DEAR SIR:<a href="#note-39"><small>39</small></a> I am directed by the President to say that the several + Departments of the Government will be closed on Wednesday, the 19th + instant, to enable the employees to participate in the ceremonies + attending the unveiling of the statue of the late General George H. + Thomas. +</p> +<p> + Very truly, yours, +</p> +<p class="r"> + W.K. ROGERS,<br> <i>Private Secretary</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + THIRD ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 1, 1879</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives:</i> +</p> +<p> + The members of the Forty-sixth Congress have assembled in their first + regular session under circumstances calling for mutual congratulation + and grateful acknowledgment to the Giver of All Good for the large and + unusual measure of national prosperity which we now enjoy. +</p> +<p> + The most interesting events which have occurred in our public affairs + since my last annual message to Congress are connected with the + financial operations of the Government, directly affecting the + business interests of the country. I congratulate Congress on the + successful execution of the resumption act. At the time fixed, and + in the manner contemplated by law, United States notes began to + be redeemed in coin. Since the 1st of January last they have been + promptly redeemed on presentation, and in all business transactions, + public and private, in all parts of the country, they are received and + paid out as the equivalent of coin. The demand upon the Treasury + for gold and silver in exchange for United States notes has been + comparatively small, and the voluntary deposit of coin and bullion + in exchange for notes has been very large. The excess of the precious + metals deposited or exchanged for United States notes over the amount + of United States notes redeemed is about $40,000,000. +</p> +<p> + The resumption of specie payments has been followed by a very great + revival of business. With a currency equivalent in value to the + money of the commercial world, we are enabled to enter upon an equal + competition with other nations in trade and production. The increasing + foreign demand for our manufactures and agricultural products has + caused a large balance of trade in our favor, which has been paid in + gold, from the 1st of July last to November 15, to the amount of about + $59,000,000. Since the resumption of specie payments there has also + been a marked and gratifying improvement of the public credit. The + bonds of the Government bearing only 4 per cent interest have been + sold at or above par, sufficient in amount to pay off all of the + national debt which was redeemable under present laws. The amount of + interest saved annually by the process of refunding the debt since + March 1, 1877, is $14,297,177. The bonds sold were largely in small + sums, and the number of our citizens now holding the public securities + is much greater than ever before. The amount of the national debt + which matures within less than two years is $792,121,700, of which + $500,000,000 bear interest at the rate of 5 per cent, and the balance + is in bonds bearing 6 per cent interest. It is believed that this part + of the public debt can be refunded by the issue of 4 per cent bonds, + and, by the reduction of interest which will thus be effected, about + $11,000,000 can be annually saved to the Treasury. To secure this + important reduction of interest to be paid by the United States + further legislation is required, which it is hoped will be provided by + Congress during its present session. +</p> +<p> + The coinage of gold by the mints of the United States during the last + fiscal year was $40,986,912. The coinage of silver dollars since + the passage of the act for that purpose up to November 1, 1879, was + $45,000,850, of which $12,700,344 have been issued from the Treasury + and are now in circulation, and $32,300,506 are still in the + possession of the Government. +</p> +<p> + The pendency of the proposition for unity of action between the United + States and the principal commercial nations of Europe to effect a + permanent system for the equality of gold and silver in the recognized + money of the world leads me to recommend that Congress refrain from + new legislation on the general subject. The great revival of trade, + internal and foreign, will supply during the coming year its own + instructions, which may well be awaited before attempting further + experimental measures with the coinage. I would, however, strongly + urge upon Congress the importance of authorizing the Secretary of the + Treasury to suspend the coinage of silver dollars upon the present + legal ratio. The market value of the silver dollar being uniformly and + largely less than the market value of the gold dollar, it is obviously + impracticable to maintain them at par with each other if both are + coined without limit. If the cheaper coin is forced into circulation, + it will, if coined without limit, soon become the sole standard of + value, and thus defeat the desired object, which is a currency of both + gold and silver which shall be of equivalent value, dollar for dollar, + with the universally recognized money of the world. +</p> +<p> + The retirement from circulation of United States notes with the + capacity of legal tender in private contracts is a step to be taken + in our progress toward a safe and stable currency which should be + accepted as the policy and duty of the Government and the interest + and security of the people. It is my firm conviction that the issue of + legal-tender paper money based wholly upon the authority and credit of + the Government, except in extreme emergency, is without warrant in the + Constitution and a violation of sound financial principles. The issue + of United States notes during the late civil war with the capacity of + legal tender between private individuals was not authorized except as + a means of rescuing the country from imminent peril. The circulation + of these notes as paper money for any protracted period of time after + the accomplishment of this purpose was not contemplated by the + framers of the law under which they were issued. They anticipated the + redemption and withdrawal of these notes at the earliest practicable + period consistent with the attainment of the object for which they + were provided. +</p> +<p> + The policy of the United States, steadily adhered to from the adoption + of the Constitution, has been to avoid the creation of a national + debt; and when, from necessity in time of war, debts have been + created, they have been paid off, on the return of peace, as rapidly + as possible. With this view, and for this purpose, it is recommended + that the existing laws for the accumulation of a sinking fund + sufficient to extinguish the public debt within a limited period + be maintained. If any change of the objects or rates of taxation is + deemed necessary by Congress, it is suggested that experience has + shown that a duty can be placed on tea and coffee which will not + enhance the price of those articles to the consumer, and which will + add several millions of dollars annually to the Treasury. +</p> +<p> + The continued deliberate violation by a large number of the prominent + and influential citizens of the Territory of Utah of the laws of the + United States for the prosecution and punishment of polygamy demands + the attention of every department of the Government. This Territory + has a population sufficient to entitle it to admission as a State, + and the general interests of the nation, as well as the welfare of the + citizens of the Territory, require its advance from the Territorial + form of government to the responsibilities and privileges of a State. + This important change will not, however, be approved by the country + while the citizens of Utah in very considerable number uphold a + practice which is condemned as a crime by the laws of all civilized + communities throughout the world. +</p> +<p> + The law for the suppression of this offense was enacted with great + unanimity by Congress more than seventeen years ago, but has remained + until recently a dead letter in the Territory of Utah, because of the + peculiar difficulties attending its enforcement. The opinion widely + prevailed among the citizens of Utah that the law was in contravention + of the constitutional guaranty of religious freedom. This objection + is now removed. The Supreme Court of the United States has decided the + law to be within the legislative power of Congress and binding as a + rule of action for all who reside within the Territories. There is + no longer any reason for delay or hesitation in its enforcement. + It should be firmly and effectively executed. If not sufficiently + stringent in its provisions, it should be amended; and in aid of the + purpose in view I recommend that more comprehensive and more searching + methods for preventing as well as punishing this crime be provided. If + necessary to secure obedience to the law, the enjoyment and exercise + of the rights and privileges of citizenship in the Territories of the + United States may be withheld or withdrawn from those who violate or + oppose the enforcement of the law on this subject. +</p> +<p> + The elections of the past year, though occupied only with State + officers, have not failed to elicit in the political discussions which + attended them all over the country new and decisive evidence of the + deep interest which the great body of citizens take in the progress + of the country toward a more general and complete establishment, at + whatever cost, of universal security and freedom in the exercise of + the elective franchise. While many topics of political concern demand + great attention from our people, both in the sphere of national and + State authority, I find no reason to qualify the opinion I expressed + in my last annual message, that no temporary or administrative + interests of government, however urgent or weighty, will ever + displace the zeal of our people in defense of the primary rights of + citizenship, and that the power of public opinion will override all + political prejudices, and all sectional and State attachments in + demanding that all over our wide territory the name and character of + citizen of the United States shall mean one and the same thing and + carry with them unchallenged security and respect. I earnestly appeal + to the intelligence and patriotism of all good citizens of every part + of the country, however much they may be divided in opinions on other + political subjects, to unite in compelling obedience to existing laws + aimed at the protection of the right of suffrage. I respectfully urge + upon Congress to supply any defects in these laws which experience has + shown and which it is within its power to remedy. I again invoke the + cooperation of the executive and legislative authorities of the States + in this great purpose. I am fully convinced that if the public mind + can be set at rest on this paramount question of popular rights no + serious obstacle will thwart or delay the complete pacification of the + country or retard the general diffusion of prosperity. +</p> +<p> + In a former message I invited the attention of Congress to the + subject of the reformation of the civil service of the Government, + and expressed the intention of transmitting to Congress as early as + practicable a report upon this subject by the chairman of the Civil + Service Commission. +</p> +<p> + In view of the facts that during a considerable period the Government + of Great Britain has been dealing with administrative problems and + abuses in various particulars analogous to those presented in this + country, and that in recent years the measures adopted were understood + to have been effective and in every respect highly satisfactory, I + thought it desirable to have fuller information upon the subject, and + accordingly requested the chairman of the Civil Service Commission to + make a thorough investigation for this purpose. The result has been an + elaborate and comprehensive report. +</p> +<p> + The report sets forth the history of the partisan spoils system + in Great Britain, and of the rise and fall of the parliamentary + patronage, and of official interference with the freedom of elections. + It shows that after long trials of various kinds of examinations those + which are competitive and open on equal terms to all, and which are + carried on under the superintendence of a single commission, have, + with great advantage, been established as conditions of admission to + almost every official place in the subordinate administration of that + country and of British India. The completion of the report, owing to + the extent of the labor involved in its preparation and the omission + of Congress to make any provision either for the compensation or the + expenses of the Commission, has been postponed until the present time. + It is herewith transmitted to Congress. +</p> +<p> + While the reform measures of another government are of no authority + for us, they are entitled to influence to the extent to which their + intrinsic wisdom and their adaptation to our institutions and + social life may commend them to our consideration. The views I have + heretofore expressed concerning the defects and abuses in our civil + administration remain unchanged, except in so far as an enlarged + experience has deepened my sense of the duty both of officers and of + the people themselves to cooperate for their removal. The grave evils + and perils of a partisan spoils system of appointment to office and of + office tenure are now generally recognized. In the resolutions of + the great parties, in the reports of Departments, in the debates and + proceedings of Congress, in the messages of Executives, the gravity of + these evils has been pointed out and the need of their reform has been + admitted. +</p> +<p> + To command the necessary support, every measure of reform must be + based on common right and justice, and must be compatible with the + healthy existence of great parties, which are inevitable and essential + in a free state. +</p> +<p> + When the people have approved a policy at a national election, + confidence on the part of the officers they have selected and of the + advisers who, in accordance with our political institutions, should be + consulted in the policy which it is their duty to carry into effect + is indispensable. It is eminently proper that they should explain it + before the people, as well as illustrate its spirit in the performance + of their official duties. +</p> +<p> + Very different considerations apply to the greater number of those who + fill the subordinate places in the civil service. Their responsibility + is to their superiors in official position. It is their duty to obey + the legal instructions of those upon whom that authority is devolved, + and their best public service consists in the discharge of their + functions irrespective of partisan politics. Their duties are the + same whatever party is in power and whatever policy prevails. As a + consequence it follows that their tenure of office should not depend + on the prevalence of any policy or the supremacy of any party, but + should be determined by their capacity to serve the people most + usefully quite irrespective of partisan interests. The same + considerations that should govern the tenure should also prevail in + the appointment, discipline, and removal of these subordinates. The + authority of appointment and removal is not a perquisite, which may + be used to aid a friend or reward a partisan, but is a trust, to be + exercised in the public interest under all the sanctions which attend + the obligation to apply the public funds only for public purposes. +</p> +<p> + Every citizen has an equal right to the honor and profit of + entering the public service of his country. The only just ground of + discrimination is the measure of character and capacity he has to make + that service most useful to the people. Except in cases where, + upon just and recognized principles—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. +</p> +<p> + In the light of these principles it becomes of great importance to + provide just and adequate means, especially for every Department and + large administrative office, where personal discrimination on the part + of its head is not practicable, for ascertaining those qualifications + to which appointments and removals should have reference. To fail to + provide such means is not only to deny the opportunity of ascertaining + the facts upon which the most righteous claim to office depends, + but of necessity to discourage all worthy aspirants by handing over + appointments and removals to mere influence and favoritism. If it is + the right of the worthiest claimant to gain the appointment and the + interest of the people to bestow it upon him, it would seem clear that + a wise and just method of ascertaining personal fitness for office + must be an important and permanent function of every just and wise + government. It has long since become impossible in the great offices + for those having the duty of nomination and appointment to personally + examine into the individual qualifications of more than a small + proportion of those seeking office, and with the enlargement of the + civil service that proportion must continue to become less. +</p> +<p> + In the earlier years of the Government the subordinate offices were so + few in number that it was quite easy for those making appointments + and promotions to personally ascertain the merits of candidates. + Party managers and methods had not then become powerful agencies of + coercion, hostile to the free and just exercise of the appointing + power. +</p> +<p> + A large and responsible part of the duty of restoring the civil + service to the desired purity and efficiency rests upon the President, + and it is my purpose to do what is within my power to advance such + prudent and gradual measures of reform as will most surely and rapidly + bring about that radical change of system essential to make our + administrative methods satisfactory to a free and intelligent people. + By a proper exercise of authority it is in the power of the Executive + to do much to promote such a reform. But it can not be too clearly + understood that nothing adequate can be accomplished without + cooperation on the part of Congress and considerate and intelligent + support among the people. Reforms which challenge the generally + accepted theories of parties and demand changes in the methods of + Departments are not the work of a day. Their permanent foundations + must be laid in sound principles and in an experience which + demonstrates their wisdom and exposes the errors of their adversaries. + Every worthy officer desires to make his official action a gain and an + honor to his country; but the people themselves, far more than their + officers in public station, are interested in a pure, economical, and + vigorous administration. +</p> +<p> + By laws enacted in 1853 and 1855, and now in substance incorporated + in the Revised Statutes, the practice of arbitrary appointments to the + several subordinate grades in the great Departments was condemned, and + examinations as to capacity, to be conducted by departmental boards of + examiners, were provided for and made conditions of admission to + the public service. These statutes are a decision by Congress that + examinations of some sort as to attainments and capacity are essential + to the well-being of the public service. The important questions since + the enactment of these laws have been as to the character of these + examinations, and whether official favor and partisan influence or + common right and merit were to control the access to the examinations. + In practice these examinations have not always been open to worthy + persons generally who might wish to be examined. Official favoritism + and partisan influence, as a rule, appear to have designated those + who alone were permitted to go before the examining boards, subjecting + even the examiners to a pressure from the friends of the candidates + very difficult to resist. As a consequence the standard of admission + fell below that which the public interest demanded. It was also almost + inevitable that a system which provided for various separate boards of + examiners, with no common supervision or uniform method of procedure, + should result in confusion, inconsistency, and inadequate tests of + capacity, highly detrimental to the public interest. A further and + more radical change was obviously required. +</p> +<p> + In the annual message of December, 1870, my predecessor declared + that— +</p> +<p class="q"> + There is no duty which so much embarrasses the Executive and + heads of Departments as that of appointments, nor is there + any such arduous and thankless labor imposed on Senators and + Representatives as that of finding places for constituents. + The present system does not secure the best men, and often not + even fit men, for public place. The elevation and purification + of the civil service of the Government will be hailed with + approval by the whole people of the United States. +</p> +<p> + Congress accordingly passed the act approved March 3, 1871, "to + regulate the civil service of the United States and promote the + efficiency thereof," giving the necessary authority to the Executive + to inaugurate a civil-service reform. +</p> +<p> + Acting under this statute, which was interpreted as intended to secure + a system of just and effectual examinations under uniform supervision, + a number of eminently competent persons were selected for the purpose, + who entered with zeal upon the discharge of their duties, prepared + with an intelligent appreciation of the requirements of the service + the regulations contemplated, and took charge of the examinations, and + who in their capacity as a board have been known as the "Civil Service + Commission." Congress for two years appropriated the money needed for + the compensation and for the expense of carrying on the work of the + Commission. +</p> +<p> + It appears from the report of the Commission submitted to the + President in April, 1874, that examinations had been held in various + sections of the country, and that an appropriation of about $25,000 + would be required to meet the annual expenses, including salaries, + involved in discharging the duties of the Commission. The report was + transmitted to Congress by special message of April 18, 1874, with the + following favorable comment upon the labors of the Commission: +</p> +<p class="q"> + If sustained by Congress, I have no doubt the rules can, after + the experience gained, be so improved and enforced as to still + more materially benefit the public service and relieve the + Executive, members of Congress, and the heads of Departments + from influences prejudicial to good administration. The + rules, as they have hitherto been enforced, have resulted + beneficially, as is shown by the opinions of the members of + the Cabinet and their subordinates in the Departments, and in + that opinion I concur. +</p> +<p> + And in the annual message of December of the same year similar views + are expressed and an appropriation for continuing the work of the + Commission again advised. +</p> +<p> + The appropriation was not made, and as a consequence the active work + of the Commission was suspended, leaving the Commission itself still + in existence. Without the means, therefore, of causing qualifications + to be tested in any systematic manner or of securing for the public + service the advantages of competition upon any extensive plan, I + recommended in my annual message of December, 1877, the making of an + appropriation for the resumption of the work of the Commission. +</p> +<p> + In the meantime, however, competitive examinations, under many + embarrassments, have been conducted within limited spheres in + the Executive Departments in Washington and in a number of the + custom-houses and post-offices of the principal cities of the country, + with a view to further test their effects, and in every instance they + have been found to be as salutary as they are stated to have been + under the Administration of my predecessor. I think the economy, + purity, and efficiency of the public service would be greatly promoted + by their systematic introduction, wherever practicable, throughout the + entire civil service of the Government, together with ample provision + for their general supervision in order to secure consistency and + uniform justice. +</p> +<p> + Reports from the Secretary of the Interior, from the + Postmaster-General, from the postmaster in the city of New York, where + such examinations have been some time on trial, and also from the + collector of the port, the naval officer, and the surveyor in that + city, and from the postmasters and collectors in several of the other + large cities, show that the competitive system, where applied, has in + various ways contributed to improve the public service. +</p> +<p> + The reports show that the results have been salutary in a marked + degree, and that the general application of similar rules can not fail + to be of decided benefit to the service. +</p> +<p> + The reports of the Government officers, in the city of New York + especially, bear decided testimony to the utility of open competitive + examinations in their respective offices, showing that— +</p> +<p class="q"> + These examinations and the excellent qualifications of + those admitted to the service through them have had a marked + incidental effect upon the persons previously in the service, + and particularly upon those aspiring to promotion. There has + been on the part of these latter an increased interest in the + work and a desire to extend acquaintance with it beyond the + particular desk occupied, and thus the morale of the entire + force has been raised. * * * The examinations have been + attended by many citizens, who have had an opportunity to + thoroughly investigate the scope and character of the tests + and the method of determining the results, and those visitors + have without exception approved the methods employed, and + several of them have publicly attested their favorable + opinion. +</p> +<p> + Upon such considerations I deem it my duty to renew the recommendation + contained in my annual message of December, 1877, requesting Congress + to make the necessary appropriation for the resumption of the work of + the Civil Service Commission. Economy will be promoted by authorizing + a moderate compensation to persons in the public service who may + perform extra labor upon or under the Commission, as the Executive may + direct. +</p> +<p> + I am convinced that if a just and adequate test of merit is enforced + for admission to the public service and in making promotions such + abuses as removals without good cause and partisan and official + interference with the proper exercise of the appointing power will in + large measure disappear. +</p> +<p> + There are other administrative abuses to which the attention + of Congress should be asked in this connection. Mere partisan + appointments and the constant peril of removal without cause very + naturally lead to an absorbing and mischievous political activity on + the part of those thus appointed, which not only interferes with the + due discharge of official duty, but is incompatible with the freedom + of elections. Not without warrant in the views of several of my + predecessors in the Presidential office, and directly within the law + of 1871, already cited, I endeavored, by regulation made on the 22d + day of June, 1877, to put some reasonable limits to such abuses. It + may not be easy, and it may never perhaps be necessary, to define with + precision the proper limit of political action on the part of Federal + officers. But while their right to hold and freely express their + opinions can not be questioned, it is very plain that they should + neither be allowed to devote to other subjects the time needed for the + proper discharge of their official duties nor to use the authority of + their office to enforce their own opinions or to coerce the political + action of those who hold different opinions. +</p> +<p> + Reasons of justice and public policy quite analogous to those which + forbid the use of official power for the oppression of the private + citizen impose upon the Government the duty of protecting its officers + and agents from arbitrary exactions. In whatever aspect considered, + the practice of making levies for party purposes upon the salaries + of officers is highly demoralizing to the public service and + discreditable to the country. Though an officer should be as free as + any other citizen to give his own money in aid of his opinions or his + party, he should also be as free as any other citizen to refuse to + make such gifts. If salaries are but a fair compensation for the time + and labor of the officer, it is gross injustice to levy a tax upon + them. If they are made excessive in order that they may bear the tax, + the excess is an indirect robbery of the public funds. +</p> +<p> + I recommend, therefore, such a revision and extension of present + statutes as shall secure to those in every grade of official life or + public employment the protection with which a great and enlightened + nation should guard those who are faithful in its service. +</p> +<p> + Our relations with foreign countries have continued peaceful. +</p> +<p> + With Great Britain there are still unsettled questions, growing out of + the local laws of the maritime provinces and the action of provincial + authorities deemed to be in derogation of rights secured by treaty + to American fishermen. The United States minister in London has been + instructed to present a demand for $105,305.02 in view of the damages + received by American citizens at Fortune Bay on the 6th day of + January, 1878. The subject has been taken into consideration by the + British Government, and an early reply is anticipated. +</p> +<p> + Upon the completion of the necessary preliminary examinations the + subject of our participation in the provincial fisheries, as regulated + by treaty, will at once be brought to the attention of the British + Government, with a view to an early and permanent settlement of the + whole question, which was only temporarily adjusted by the treaty of + Washington. +</p> +<p> + Efforts have been made to obtain the removal of restrictions found + injurious to the exportation of cattle to the United Kingdom. +</p> +<p> + Some correspondence has also occurred with regard to the rescue and + saving of life and property upon the Lakes, which has resulted in + important modifications of the previous regulations of the Dominion + government on the subject in the interest of humanity and commerce. +</p> +<p> + In accordance with the joint resolution of the last session of + Congress, commissioners were appointed to represent the United States + at the two international exhibitions in Australia, one of which is + now in progress at Sydney, and the other to be held next year + at Melbourne. A desire has been expressed by our merchants and + manufacturers interested in the important and growing trade with + Australia that an increased provision should be made by Congress for + the representation of our industries at the Melbourne exhibition of + next year, and the subject is respectfully submitted to your favorable + consideration. +</p> +<p> + The assent of the Government has been given to the landing on the + coast of Massachusetts of a new and independent transatlantic cable + between France, by way of the French island of St. Pierre, and this + country, subject to any future legislation of Congress on the subject. + The conditions imposed before allowing this connection with our shores + to be established are such as to secure its competition with any + existing or future lines of marine cable and preclude amalgamation + therewith, to provide for entire equality of rights to our Government + and people with those of France in the use of the cable, and prevent + any exclusive possession of the privilege as accorded by France to the + disadvantage of any future cable communication between France and the + United States which may be projected and accomplished by our citizens. + An important reduction of the present rates of cable communication + with Europe, felt to be too burdensome to the interests of our + commerce, must necessarily flow from the establishment of this + competing line. +</p> +<p> + The attention of Congress was drawn to the propriety of some general + regulation by Congress of the whole subject of transmarine cables by + my predecessor in his message of December 7, 1875, and I respectfully + submit to your consideration the importance of Congressional action in + the matter. +</p> +<p> + The questions of grave importance with Spain growing out of the + incidents of the Cuban insurrection have been for the most part + happily and honorably settled. It may reasonably be anticipated that + the commission now sitting in Washington for the decision of private + cases in this connection will soon be able to bring its labors to a + conclusion. +</p> +<p> + The long-standing question of East Florida claims has lately been + renewed as a subject of correspondence, and may possibly require + Congressional action for its final disposition. +</p> +<p> + A treaty with the Netherlands with respect to consular rights and + privileges similar to those with other powers has been signed and + ratified, and the ratifications were exchanged on the 31st of July + last. Negotiations for extradition treaties with the Netherlands and + with Denmark are now in progress. +</p> +<p> + Some questions with Switzerland in regard to pauper and convict + emigrants have arisen, but it is not doubted that they will be + arranged upon a just and satisfactory basis. A question has also + occurred with respect to an asserted claim by Swiss municipal + authorities to exercise tutelage over persons and property of Swiss + citizens naturalized in this country. It is possible this may require + adjustment by treaty. +</p> +<p> + With the German Empire frequent questions arise in connection with + the subjects of naturalization and expatriation, but the Imperial + Government has constantly manifested a desire to strictly maintain and + comply with all treaty stipulations in regard to them. +</p> +<p> + In consequence of the omission of Congress to provide for a diplomatic + representative at Athens, the legation to Greece has been withdrawn. + There is now no channel of diplomatic communication between the two + countries, and the expediency of providing for one in some form is + submitted to Congress. +</p> +<p> + Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium + continue amicable, and marked by no incident of especial importance. +</p> +<p> + A change of the personal head of the Government of Egypt has taken + place. No change, however, has occurred in the relations between + Egypt and the United States. The action of the Egyptian Government in + presenting to the city of New York one of the ancient obelisks, which + possess such historic interest, is highly appreciated as a generous + mark of international regard. If prosperity should attend the + enterprise of its transportation across the Atlantic, its erection in + a conspicuous position in the chief commercial city of the nation will + soon be accomplished. +</p> +<p> + The treaty recently made between Japan and the United States in regard + to the revision of former commercial treaties it is now believed will + be followed by similar action on the part of other treaty powers. The + attention of Congress is again invited to the subject of the indemnity + funds received some years since from Japan and China, which, with + their accumulated interest, now amount to considerable sums. If any + part of these funds is justly due to American citizens, they should + receive it promptly; and whatever may have been received by this + Government in excess of strictly just demands should in some form be + returned to the nations to whom it equitably belongs. +</p> +<p> + The Government of China has signified its willingness to consider the + question of the emigration of its subjects to the United States with + a dispassionate fairness and to cooperate in such measures as may + tend to prevent injurious consequences to the United States. The + negotiations are still proceeding, and will be pressed with diligence. +</p> +<p> + A question having arisen between China and Japan about the Lew Chew + Islands, the United States Government has taken measures to inform + those powers of its readiness to extend its good offices for the + maintenance of peace if they shall mutually deem it desirable and find + it practicable to avail themselves of the proffer. +</p> +<p> + It is a gratification to be able to announce that, through the + judicious and energetic action of the military commanders of the two + nations on each side of the Rio Grande, under the instructions of + their respective Governments, raids and depredations have greatly + decreased, and in the localities where formerly most destructive + have now almost wholly ceased. In view of this result, I entertain a + confident expectation that the prevalence of quiet on the border will + soon become so assured as to justify a modification of the present + orders to our military commanders as to crossing the border, without + encouraging such disturbances as would endanger the peace of the two + countries. +</p> +<p> + The third installment of the award against Mexico under the claims + commission of July 4, 1868, was duly paid, and has been put in course + of distribution in pursuance of the act of Congress providing for the + same. This satisfactory situation between the two countries leads me + to anticipate an expansion of our trade with Mexico and an increased + contribution of capital and industry by our people to the development + of the great resources of that country. I earnestly commend to the + wisdom of Congress the provision of suitable legislation looking to + this result. +</p> +<p> + Diplomatic intercourse with Colombia is again fully restored by the + arrival of a minister from that country to the United States. This + is especially fortunate in view of the fact that the question of an + interoceanic canal has recently assumed a new and important aspect and + is now under discussion with the Central American countries through + whose territory the canal, by the Nicaragua route, would have to pass. + It is trusted that enlightened statesmanship on their part will see + that the early prosecution of such a work will largely inure to + the benefit, not only of their own citizens and those of the United + States, but of the commerce of the civilized world. It is not doubted + that should the work be undertaken under the protective auspices of + the United States, and upon satisfactory concessions for the right of + way and its security by the Central American Governments, the capital + for its completion would be readily furnished from this country and + Europe, which might, failing such guaranties, prove inaccessible. +</p> +<p> + Diplomatic relations with Chile have also been strengthened by the + reception of a minister from that country. +</p> +<p> + The war between Peru, Bolivia, and Chile still continues. The United + States have not deemed it proper to interpose in the matter further + than to convey to all the Governments concerned the assurance that + the friendly offices of the Government of the United States for the + restoration of peace upon an honorable basis will be extended in case + the belligerents shall exhibit a readiness to accept them. +</p> +<p> + Cordial relations continue with Brazil and the Argentine Republic, and + trade with those countries is improving. A provision for regular and + more frequent mail communication, in our own ships, between the + ports of this country and the nations of South America seems to me + to deserve the attention of Congress as an essential precursor of an + enlargement of our commerce with them and an extension of our carrying + trade. +</p> +<p> + A recent revolution in Venezuela has been followed by the + establishment of a provisional government. This government has not + yet been formally recognized, and it is deemed desirable to await + the proposed action of the people which is expected to give it the + sanction of constitutional forms. +</p> +<p> + A naval vessel has been sent to the Samoan Islands to make surveys and + take possession of the privileges ceded to the United States by Samoa + in the harbor of Pago-Pago. A coaling station is to be established + there, which will be convenient and useful to United States vessels. +</p> +<p> + The subject of opening diplomatic relations with Roumania and + Servia, now become independent sovereignties, is at present under + consideration, and is the subject of diplomatic correspondence. +</p> +<p> + There is a gratifying increase of trade with nearly all European and + American countries, and it is believed that with judicious action in + regard to its development it can and will be still more enhanced and + that American products and manufactures will find new and expanding + markets. The reports of diplomatic and consular officers upon this + subject, under the system now adopted, have resulted in obtaining + much valuable information, which has been and will continue to be laid + before Congress and the public from time to time. +</p> +<p> + The third article of the treaty with Russia of March 30, 1867, + by which Alaska was ceded to the United States, provides that + the inhabitants of the ceded territory, with the exception of the + uncivilized native tribes, shall be admitted to the enjoyment of all + the rights of citizens of the United States and shall be maintained + and protected in the free enjoyment of their liberty, property, + and religion. The uncivilized tribes are subject to such laws and + regulations as the United States may from time to time adopt in regard + to the aboriginal tribes of that country. +</p> +<p> + Both the obligations of this treaty and the necessities of the people + require that some organized form of government over the Territory of + Alaska be adopted. +</p> +<p> + There appears to be no law for the arrest of persons charged with + common-law offenses, such as assault, robbery, and murder, and no + magistrate authorized to issue or execute process in such cases. + Serious difficulties have already arisen from offenses of this + character, not only among the original inhabitants, but among citizens + of the United States and other countries who have engaged in mining, + fishing, and other business operations within the territory. A bill + authorizing the appointment of justices of the peace and constables + and the arrest and detention of persons charged with criminal + offenses, and providing for an appeal to United States courts for + the district of Oregon in suitable cases, will at a proper time be + submitted to Congress. +</p> +<p> + The attention of Congress is called to the annual report of the + Secretary of the Treasury on the condition of the public finances. +</p> +<p> + The ordinary revenues from all sources for the fiscal year ended June + 30, 1879, were $273,827,184.46; the ordinary expenditures for the same + period were $266,947,883.53, leaving a surplus revenue for the year of + $6,879,300.93. +</p> +<p> + The receipts for the present fiscal year, ending June 30, 1880, actual + and estimated, are as follows: Actual receipts for the first quarter, + commencing July 1, 1879, $79,843,663.61; estimated receipts for the + remaining three quarters of the year, $208,156,336.39; total receipts + for the current fiscal year, actual and estimated, $288,000,000. +</p> +<p> + The expenditures for the same period will be, actual and estimated, as + follows: For the quarter commencing July 1, 1879, actual expenditures, + $91,683,385.10; and for the remaining three quarters of the year + the expenditures are estimated at $172,316,614.90, making the total + expenditures $264,000,000, and leaving an estimated surplus revenue + for the year ending June 30, 1880, of $24,000,000. The total receipts + during the next fiscal year, ending June 30, 1881, estimated according + to existing laws, will be $288,000,000, and the estimated ordinary + expenditures for the same period will be $278,097,364.39, leaving a + surplus of $9,902,635.61 for that year. +</p> +<p> + The large amount expended for arrears of pensions during the last and + the present fiscal year, amounting to $21,747,249.60, has prevented + the application of the full amount required by law to the sinking + fund for the current year; but these arrears having been substantially + paid, it is believed that the sinking fund can hereafter be maintained + without any change of existing law. +</p> +<p> + The Secretary of War reports that the War Department estimates for the + fiscal year ending June 30, 1881, are $40,380,428.93, the same being + for a less sum of money than any annual estimate rendered to Congress + from that Department during a period of at least twelve years. +</p> +<p> + He concurs with the General of the Army in recommending such + legislation as will authorize the enlistment of the full number + of 25,000 men for the line of the Army, exclusive of the 3,463 men + required for detached duty, and therefore not available for service in + the field. +</p> +<p> + He also recommends that Congress be asked to provide by law for + the disposition of a large number of abandoned military posts and + reservations, which, though very valuable in themselves, have been + rendered useless for military purposes by the advance of civilization + and settlement. +</p> +<p> + He unites with the Quartermaster-General in recommending that an + appropriation be made for the construction of a cheap and perfectly + fireproof building for the safe storage of a vast amount of money + accounts, vouchers, claims, and other valuable records now in the + Quartermaster-General's Office, and exposed to great risk of total + destruction by fire. +</p> +<p> + He also recommends, in conformity with the views of the + Judge-Advocate-General, some declaratory legislation in reference + to the military statute of limitations as applied to the crime of + desertion. +</p> +<p> + In these several recommendations I concur. +</p> +<p> + The Secretary of War further reports that the work for the improvement + of the South Pass of the Mississippi River, under contract with Mr. + James B. Eads, made in pursuance of an act of Congress, has been + prosecuted during the past year with a greater measure of success in + the attainment of results than during any previous year. The channel + through the South Pass, which at the beginning of operations in June, + 1875, had a depth of only 7-1/2 feet of water, had on the 8th of July, + 1879, a minimum depth of 26 feet, having a width of not less than + 200 feet and a central depth of 30 feet. Payments have been made in + accordance with the statute, as the work progressed, amounting in + the aggregate to $4,250,000; and further payments will become due, as + provided by the statute, in the event of success in maintaining the + channel now secured. +</p> +<p> + The reports of the General of the Army and of his subordinates + present a full and detailed account of the military operations for + the suppression of hostilities among the Indians of the Ute and + Apache tribes, and praise is justly awarded to the officers and troops + engaged for promptness, skill, and courage displayed. +</p> +<p> + The past year has been one of almost unbroken peace and quiet on the + Mexican frontier, and there is reason to believe that the efforts of + this Government and of Mexico to maintain order in that region will + prove permanently successful. +</p> +<p> + This Department was enabled during the past year to find temporary, + though crowded, accommodations and a safe depository for a portion of + its records in the completed east wing of the building designed for + the State, War, and Navy Departments. The construction of the north + wing of the building, a part of the structure intended for the use + of the War Department, is being carried forward with all possible + dispatch, and the work should receive from Congress such liberal + appropriations as will secure its speedy completion. +</p> +<p> + The report of the Secretary of the Navy shows continued improvement + in that branch of the service during the last fiscal year. Extensive + repairs have been made upon vessels, and two new ships have been + completed and made ready for sea. +</p> +<p> + The total expenditures of the year ended June 30, 1879, including + specific appropriations not estimated for by the Department, were + $13,555,710.09. The expenses chargeable to the year, after deducting + the amount of these specific appropriations, were $13,343,317.79; but + this is subject to a reduction of $283,725.99, that amount having been + drawn upon warrants, but not paid out during the year. The amount of + appropriations applicable to the last fiscal year was $14,538,646.17. + There was, therefore, a balance of $1,479,054.37 remaining unexpended + and to the credit of the Department on June 30, 1879. The estimates + for the fiscal year ending June 30, 1881, are $14,864,147.95, which + exceeds the appropriations for the present fiscal year $361,897.28. + The reason for this increase is explained in the Secretary's + report. The appropriations available for the present fiscal year are + $14,502,250.67, which will, in the opinion of the Secretary, answer + all the ordinary demands of the service. The amount drawn from the + Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which + $1,095,440.33 has been refunded, leaving as the expenditure for that + period $4,674,963.79. If the expenditures of the remaining two-thirds + of the year do not exceed the proportion for these four months, there + will remain unexpended at the end of the year $477,359.30 of the + current appropriations. The report of the Secretary shows the + gratifying fact that among all the disbursing officers of the Pay + Corps of the Navy there is not one who is a defaulter to the extent of + a single dollar. I unite with him in recommending the removal of the + observatory to a more healthful location. That institution reflects + credit upon the nation, and has obtained the approbation of scientific + men in all parts of the world. Its removal from its present location + would not only be conducive to the health of its officers and + professors, but would greatly increase its usefulness. +</p> +<p> + The appropriation for judicial expenses, which has heretofore been + made for the Department of Justice in gross, was subdivided at the + last session of Congress, and no appropriation whatever was made for + the payment of the fees of marshals and their deputies, either in the + service of process or for the discharge of other duties; and since + June 30 these officers have continued the performance of their duties + without compensation from the Government, taking upon themselves the + necessary incidental outlays, as well as rendering their own services. + In only a few unavoidable instances has the proper execution of the + process of the United States failed by reason of the absence of the + requisite appropriation. This course of official conduct on the part + of these officers, highly creditable to their fidelity, was advised + by the Attorney-General, who informed them, however, that they would + necessarily have to rely for their compensation upon the prospect of + future legislation by Congress. I therefore especially recommend that + immediate appropriation be made by Congress for this purpose. +</p> +<p> + The act making the principal appropriation for the Department of + Justice at previous sessions has uniformly contained the following + clause: +</p> +<p class="q"> + And for defraying the expenses which may be incurred in the + enforcement of the act approved February 28, 1871, entitled + "An act to amend an act approved May 31, 1870, entitled 'An + act to enforce the rights of citizens of the United States + to vote in the several States of this Union, and for other + purposes,'" or any acts amendatory thereof or supplementary + thereto. +</p> +<p> + No appropriation was made for this purpose for the current year. As no + general election for Members of Congress occurred, the omission was + a matter of little practical importance. Such election will, however, + take place during the ensuing year, and the appropriation made for + the pay of marshals and deputies should be sufficient to embrace + compensation for the services they may be required to perform at such + elections. +</p> +<p> + The business of the Supreme Court is at present largely in arrears. + It can not be expected that more causes can be decided than are + now disposed of in its annual session, or that by any assiduity the + distinguished magistrates who compose the court can accomplish more + than is now done. In the courts of many of the circuits also the + business has increased to such an extent that the delay of justice + will call the attention of Congress to an appropriate remedy. It is + believed that all is done in each circuit which can fairly be expected + from its judicial force. The evils arising from delay are less heavily + felt by the United States than by private suitors, as its causes + are advanced by the courts when it is seen that they involve the + discussion of questions of a public character. +</p> +<p> + The remedy suggested by the Attorney-General is the appointment of + additional circuit judges and the creation of an intermediate court of + errors and appeals, which shall relieve the Supreme Court of a part + of its jurisdiction, while a larger force is also obtained for the + performance of circuit duties. +</p> +<p> + I commend this suggestion to the consideration of Congress. It would + seem to afford a complete remedy, and would involve, if ten additional + circuit judges are appointed, an expenditure, at the present rate of + salaries, of not more than $60,000 a year, which would certainly be + small in comparison with the objects to be attained. +</p> +<p> + The report of the Postmaster-General bears testimony to the general + revival of business throughout the country. The receipts of the + Post-Office Department for the fiscal year ended June 30, 1879, + were $30,041,982.86, being $764,465.91 more than the revenues of the + preceding year. The amount realized from the sale of postage stamps, + stamped envelopes, and postal cards was $764,465.91 more than in the + preceding year, and $2,387,559.23 more than in 1877. The expenditures + of the Department were $33,449,899.45, of which the sum of $376,461.63 + was paid on liabilities incurred in preceding years. +</p> +<p> + The expenditures during the year were $801,209.77 less than in the + preceding year. This reduction is to be attributed mainly to the + operation of the law passed June 17, 1878, changing the compensation + of postmasters from a commission on the value of stamps sold to a + commission on stamps canceled. +</p> +<p> + The amount drawn from the Treasury on appropriations, in addition to + the revenues of the Department, was $3,031,454.96, being $2,276,197.86 + less than in the preceding year. +</p> +<p> + The expenditures for the fiscal year ending June 30, 1881, are + estimated at $39,920,900 and the receipts from all sources at + $32,210,000, leaving a deficiency to be appropriated for out of the + Treasury of $7,710,900. +</p> +<p> + The relations of the Department with railroad companies have been + harmonized, notwithstanding the general reduction by Congress of their + compensation by the appropriation for special facilities, and the + railway post-office lines have been greatly extended, especially in + the Southern States. The interests of the Railway Mail Service and + of the public would be greatly promoted and the expenditures could be + more readily controlled by the classification of the employees of the + Railway Mail Service as recommended by the Postmaster-General, the + appropriation for salaries, with respect to which the maximum limit is + already fixed by law, to be made in gross. +</p> +<p> + The Postmaster-General recommends an amendment of the law regulating + the increase of compensation for increased service and increased speed + on star routes, so as to enable him to advertise for proposals for + such increased service and speed. He also suggests the advantages to + accrue to the commerce of the country from the enactment of a general + law authorizing contracts with American-built steamers, carrying the + American flag, for transporting the mail between ports of the United + States and ports of the West Indies and South America, at a fixed + maximum price per mile, the amount to be expended being regulated by + annual appropriations, in like manner with the amount paid for the + domestic star service. +</p> +<p> + The arrangement made by the Postmaster-General and the Secretary of + the Treasury for the collection of duty upon books received in + the mail from foreign countries has proved so satisfactory in its + practical operation that the recommendation is now made that Congress + shall extend the provisions of the act of March 3, 1879, under which + this arrangement was made, so as to apply to all other dutiable + articles received in the mails from foreign countries. +</p> +<p> + The reports of the Secretary of the Interior and of the Commissioner + of Indian Affairs, setting forth the present state of our relations + with the Indian tribes on our territory, the measures taken to advance + their civilization and prosperity, and the progress already achieved + by them, will be found of more than ordinary interest. The general + conduct of our Indian population has been so satisfactory that the + occurrence of two disturbances, which resulted in bloodshed and + destruction of property, is all the more to be lamented. +</p> +<p> + The history of the outbreak on the White River Ute Reservation, in + western Colorado, has become so familiar by elaborate reports in the + public press that its remarkable incidents need not be stated here + in detail. It is expected that the settlement of this difficulty will + lead to such arrangements as will prevent further hostile contact + between the Indians and the border settlements in western Colorado. +</p> +<p> + The other disturbance occurred at the Mescalero Agency, in New Mexico, + where Victoria, at the head of a small band of marauders, after + committing many atrocities, being vigorously chased by a military + force, made his way across the Mexican border and is now on foreign + soil. +</p> +<p> + While these occurrences, in which a comparatively small number of + Indians were engaged, are most deplorable, a vast majority of our + Indian population have fully justified the expectations of those who + believe that by humane and peaceful influences the Indian can be led + to abandon the habits of savage life and to develop a capacity for + useful and civilized occupations. What they have already accomplished + in the pursuit of agricultural and mechanical work, the remarkable + success which has attended the experiment of employing as freighters + a class of Indians hitherto counted among the wildest and most + intractable, and the general and urgent desire expressed by them for + the education of their children may be taken as sufficient proof that + they will be found capable of accomplishing much more if they continue + to be wisely and fairly guided. The "Indian policy" sketched in the + report of the Secretary of the Interior, the object of which is to + make liberal provision for the education of Indian youth, to settle + the Indians upon farm lots in severalty, to give them title in fee to + their farms, inalienable for a certain number of years, and when their + wants are thus provided for to dispose by sale of the lands on their + reservations not occupied and used by them, a fund to be formed out + of the proceeds for the benefit of the Indians, which will gradually + relieve the Government of the expenses now provided for by annual + appropriations, must commend itself as just and beneficial to the + Indians, and as also calculated to remove those obstructions which + the existence of large reservations presents to the settlement and + development of the country. I therefore earnestly recommend the + enactment of a law enabling the Government to give Indians a title in + fee, inalienable for twenty-five years, to the farm lands assigned to + them by allotment. I also repeat the recommendation made in my first + annual message, that a law be passed admitting Indians who can give + satisfactory proof of having by their own labor supported their + families for a number of years, and who are willing to detach + themselves from their tribal relations, to the benefit of the + homestead act, and to grant them patents containing the same provision + of inalienability for a certain period. +</p> +<p> + The experiment of sending a number of Indian children of both sexes to + the Hampton Normal and Agricultural Institute, in Virginia, to receive + an elementary English education and practical instruction in farming + and other useful industries, has led to results so promising that it + was thought expedient to turn over the cavalry barracks at Carlisle, + in Pennsylvania, to the Interior Department for the establishment of + an Indian school on a larger scale. This school has now 158 pupils, + selected from various tribes, and is in full operation. Arrangements + are also made for the education of a number of Indian boys and girls + belonging to tribes on the Pacific Slope in a similar manner, at + Forest Grove, in Oregon. These institutions will commend themselves to + the liberality of Congress and to the philanthropic munificence of the + American people. +</p> +<p> + Last spring information was received of the organization of an + extensive movement in the Western States, the object of which was + the occupation by unauthorized persons of certain lands in the Indian + Territory ceded by the Cherokees to the Government for the purpose of + settlement by other Indian tribes. +</p> +<p> + On the 26th of April I issued a proclamation<a href="#note-40"><small>40</small></a> warning all persons + against participation in such an attempt, and by the cooperation of a + military force the invasion was promptly checked. It is my purpose to + protect the rights of the Indian inhabitants of that Territory to the + full extent of the executive power; but it would be unwise to ignore + the fact that a territory so large and so fertile, with a population + so sparse and with so great a wealth of unused resources, will be + found more exposed to the repetition of such attempts as happened + this year when the surrounding States are more densely settled and the + westward movement of our population looks still more eagerly for + fresh lands to occupy. Under such circumstances the difficulty of + maintaining the Indian Territory in its present state will greatly + increase, and the Indian tribes inhabiting it would do well to prepare + for such a contingency. I therefore fully approve of the advice given + to them by the Secretary of the Interior on a recent occasion, to + divide among themselves in severalty as large a quantity of their + lands as they can cultivate; to acquire individual title in fee + instead of their present tribal ownership in common, and to consider + in what manner the balance of their lands may be disposed of by the + Government for their benefit. By adopting such a policy they would + more certainly secure for themselves the value of their possessions, + and at the same time promote their progress in civilization and + prosperity, than by endeavoring to perpetuate the present state of + things in the Territory. +</p> +<p> + The question whether a change in the control of the Indian service + should be made was in the Forty-fifth Congress referred to a joint + committee of both Houses for inquiry and report. In my last annual + message I expressed the hope that the decision of that question, then + in prospect, would "arrest further agitation of this subject, such + agitation being apt to produce a disturbing effect upon the service as + well as on the Indians themselves." Since then, the committee having + reported, the question has been decided in the negative by a vote in + the House of Representatives. +</p> +<p> + For the reasons here stated, and in view of the fact that further + uncertainty on this point will be calculated to obstruct other + much-needed legislation, to weaken the discipline of the service, and + to unsettle salutary measures now in progress for the government and + improvement of the Indians, I respectfully recommend that the decision + arrived at by Congress at its last session be permitted to stand. +</p> +<p> + The efforts made by the Department of the Interior to arrest the + depredations on the timber lands of the United States have been + continued, and have met with considerable success. A large number of + cases of trespass have been prosecuted in the courts of the United + States; others have been settled, the trespassers offering to make + payment to the Government for the value of the timber taken by them. + The proceeds of these prosecutions and settlements turned into the + Treasury far exceed in amount the sums appropriated by Congress for + this purpose. A more important result, however, consists in the fact + that the destruction of our public forests by depredation, although + such cases still occur, has been greatly reduced in extent, and it + is probable that if the present policy is vigorously pursued and + sufficient provision to that end is made by Congress such trespasses, + at least those on a large scale, can be entirely suppressed, except + in the Territories, where timber for the daily requirements of the + population can not, under the present state of the law, be otherwise + obtained. I therefore earnestly invite the attention of Congress to + the recommendation made by the Secretary of the Interior, that a law + be enacted enabling the Government to sell timber from the public + lands without conveying the fee, where such lands are principally + valuable for the timber thereon, such sales to be so regulated as to + conform to domestic wants and business requirements, while at the + same time guarding against a sweeping destruction of the forests. The + enactment of such a law appears to become a more pressing necessity + every day. +</p> +<p> + My recommendations in former messages are renewed in favor of + enlarging the facilities of the Department of Agriculture. Agriculture + is the leading interest and the permanent industry of our people. It + is to the abundance of agricultural production, as compared with our + home consumption, and the largely increased and highly profitable + market abroad which we have enjoyed in recent years, that we are + mainly indebted for our present prosperity as a people. We must look + for its continued maintenance to the same substantial resource. + There is no branch of industry in which labor, directed by scientific + knowledge, yields such increased production in comparison with + unskilled labor, and no branch of the public service to which the + encouragement of liberal appropriations can be more appropriately + extended. The omission to render such aid is not a wise economy, + but, on the contrary, undoubtedly results in losses of immense sums + annually that might be saved through well-directed efforts by the + Government to promote this vital interest. +</p> +<p> + The results already accomplished with the very limited means + heretofore placed at the command of the Department of Agriculture is + an earnest of what may be expected with increased appropriations for + the several purposes indicated in the report of the Commissioner, with + a view to placing the Department upon a footing which will enable it + to prosecute more effectively the objects for which it is established. +</p> +<p> + Appropriations are needed for a more complete laboratory, for the + establishment of a veterinary division and a division of forestry, and + for an increase of force. +</p> +<p> + The requirements for these and other purposes, indicated in the report + of the Commissioner under the head of the immediate necessities of the + Department, will not involve any expenditure of money that the country + can not with propriety now undertake in the interests of agriculture. +</p> +<p> + It is gratifying to learn from the Bureau of Education the extent to + which educational privileges throughout the United States have been + advanced during the year. No more fundamental responsibility rests + upon Congress than that of devising appropriate measures of financial + aid to education, supplemental to local action in the States and + Territories and in the District of Columbia. The wise forethought of + the founders of our Government has not only furnished the basis for + the support of the common-school systems of the newer States, but laid + the foundations for the maintenance of their universities and colleges + of agriculture and the mechanic arts. Measures in accordance with this + traditional policy, for the further benefit of all these interests and + the extension of the same advantages to every portion of the country, + it is hoped will receive your favorable consideration. +</p> +<p> + To preserve and perpetuate the national literature should be among the + foremost cares of the National Legislature. The library gathered at + the Capitol still remains unprovided with any suitable accommodations + for its rapidly increasing stores. The magnitude and importance of the + collection, increased as it is by the deposits made under the law of + copyright, by domestic and foreign exchanges, and by the scientific + library of the Smithsonian Institution, call for building + accommodations which shall be at once adequate and fireproof. The + location of such a public building, which should provide for the + pressing necessities of the present and for the vast increase of the + nation's books in the future, is a matter which addresses itself to + the discretion of Congress. It is earnestly recommended as a measure + which should unite all suffrages and which should no longer be + delayed. +</p> +<p> + The joint commission created by the act of Congress of August 2, 1876, + for the purpose of supervising and directing the completion of the + Washington National Monument, of which commission the President is a + member, has given careful attention to this subject, and already the + strengthening of the foundation has so far progressed as to insure the + entire success of this part of the work. A massive layer of masonry + has been introduced below the original foundation, widening the base, + increasing the stability of the structure, and rendering it possible + to carry the shaft to completion. It is earnestly recommended that + such further appropriations be made for the continued prosecution + of the work as may be necessary for the completion of this national + monument at an early day. +</p> +<p> + In former messages, impressed with the importance of the subject, + I have taken occasion to commend to Congress the adoption of a + generous policy toward the District of Columbia. The report of + the Commissioners of the District, herewith transmitted, contains + suggestions and recommendations, to all of which I earnestly invite + your careful attention. I ask your early and favorable consideration + of the views which they express as to the urgent need of legislation + for the reclamation of the marshes of the Potomac and its Eastern + Branch within the limits of the city, and for the repair of the + streets of the capital, heretofore laid with wooden blocks and now by + decay rendered almost impassable and a source of imminent danger + to the health of its citizens. The means at the disposal of the + Commissioners are wholly inadequate for the accomplishment of these + important works, and should be supplemented by timely appropriations + from the Federal Treasury. +</p> +<p> + The filling of the flats in front of the city will add to the adjacent + lands and parks now owned by the United States a large and valuable + domain, sufficient, it is thought, to reimburse its entire cost, and + will also, as an incidental result, secure the permanent improvement + of the river for the purposes of navigation. +</p> +<p> + The Constitution having invested Congress with supreme and exclusive + jurisdiction over the District of Columbia, its citizens must of + necessity look to Congress alone for all needful legislation affecting + their interests; and as the territory of this District is the common + property of the people of the United States, who equally with its + resident citizens are interested in the prosperity of their capital, + I can not doubt that you will be amply sustained by the general voice + of the country in any measures you may adopt for this purpose. +</p> +<p> + I also invite the favorable consideration of Congress to the wants of + the public schools of this District, as exhibited in the report of the + Commissioners. While the number of pupils is rapidly increasing, + no adequate provision exists for a corresponding increase of school + accommodation, and the Commissioners are without the means to meet + this urgent need. A number of the buildings now used for school + purposes are rented, and are in important particulars unsuited for the + purpose. The cause of popular education in the District of Columbia is + surely entitled to the same consideration at the hands of the + National Government as in the several States and Territories, to which + munificent grants of the public lands have been made for the endowment + of schools and universities. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 19, 1879</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith a draft of a bill submitted + by the Board of Commissioners of the District of Columbia, entitled + "A bill to provide for the reclamation of the marshes in the harbors + of the cities of Washington and Georgetown, and for other purposes," + together with the accompanying letter of the president of the board + requesting its transmission to Congress. +</p> +<p> + The bill embraces a plan for the reclamation of the marshes of the + Potomac River and its Eastern Branch within the limits of the city + of Washington, and is carefully framed with a view to economy in the + prosecution of the work. The attention of Congress is again invited to + the urgent need of legislation for this important work, which has been + so long delayed. +</p> +<p> + The improvement contemplated is essential to the health of those who + reside, whether permanently or temporarily, at the capital, and to + the safe and convenient navigation of the waters in its vicinity by + vessels employed in the service of the Government and for the purposes + of commerce. It is a measure of more than local benefit. The capital + of the nation should be relieved from every disadvantage which it is + practicable to remove, and should possess every attraction with which + it can be invested by the intelligent and fostering care of those + who are intrusted with its immediate supervision. The people of the + country will sustain and approve the efforts of their representatives + in the discharge of this responsibility. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 7, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In reply to a resolution of the Senate of December 3, 1879, requesting + the President of the United States to inform the Senate whether + payments have been made to the Ute Indians in accordance with the + fourth article of an agreement made with said Indians September 3, + 1873, I transmit herewith a letter from the Secretary of the Interior + and accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>January 12, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to resolution of the House of Representatives of the 3d + of December, 1879, relative to the consulate at Hongkong, I transmit + herewith a report from the Secretary of State, with its accompanying + papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 14, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have the honor herewith to transmit the final report of the board + for testing iron, steel, and other metals, with the accompanying + papers. These papers constitute the remainder of the reports made + by the board, which were transmitted by me to the House of + Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98, + Forty-fifth Congress, second session). +</p> +<p> + The United States testing machine at Watertown Arsenal, constructed + for the board, is reported as being of great value in the + determination of data and the solution of problems of interest to the + people of the whole country, and the special attention of Congress + is called to the necessity of an appropriation to enable the War + Department to make use of it. An estimate of $20,000 for the purpose + was submitted to Congress in the last Book of Estimates (see p. 82), + and an appropriation of that sum is respectfully recommended. +</p> +<p> + The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119), + made an appropriation for completing the experiments in testing + iron, steel, and other metals, and provided that the board should + be discontinued from and after the expenditure of the amount + appropriated. In accordance with this legislation, the board ceased to + exist on the 30th of June, 1879. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 21, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate with a view to + ratification, a convention between the United States of America + and the French Republic for the settlement of certain claims of the + citizens of either country against the other. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 26, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to the resolution of the House of Representatives of the 21st + instant, requesting the Commissioner of Agriculture to furnish all + information which he may have in his possession bearing upon the + culture of the sugar beet, etc., the accompanying letter and report, + received from the Acting Commissioner of Agriculture for this purpose, + are herewith transmitted. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 5, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to a resolution of the House of Representatives of the 3d + instant, requesting the Commissioner of Agriculture to forward any + facts or statistics in his office on the subject of forestry not + heretofore published from his Department, the following report, + received from the Commissioner, upon this subject is hereby + transmitted. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 16, 1880</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of + the 5th instant, calling for any information which I may have received + of the proceedings of the International Polar Congress convened in + Hamburg, Germany, October 1, 1879, I transmit herewith a report from + the Secretary of State on the subject. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 16, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 19th of + January, 1880, calling for information in relation to claims before + the American-Spanish Claims Commission and the proceedings of the + commission, I transmit herewith a report from the Secretary of State + upon the subject. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 24, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit a communication from the Attorney-General, with + reference to the requisite appropriation for the current fiscal year + for the compensation, of the marshals of the United States, including + their reimbursement for necessary expenditures in the discharge of + their official duties. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 25, 1880</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith a preliminary report and a draft + of a bill submitted by the Public Lands Commission authorized by the + act of Congress approved March 3, 1879. +</p> +<p> + The object of the report and of the bill accompanying it is of such + importance that I respectfully commend it to the prompt and earnest + consideration of Congress. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 27, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 27th ultimo, + I transmit herewith a report from the Secretary of State, with + its papers, relating to the claim of Max. Bromberger against the + Government of Mexico. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 27, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate, for its consideration with a view + to ratification, a treaty between the Government of the United + States and His Highness Sultan Abdallah, King of Johanna, concerning + commercial intercourse with that independent East African island, + concluded at Johanna Town on the 4th day of October, 1879. +</p> +<p> + For your better understanding of the subject, I transmit also the + correspondence of Commodore Shufeldt with the Navy Department, which + accompanied the treaty, describing the condition and resources of the + island of Johanna and narrating the progress of the negotiation, which + was undertaken under the general instructions of the Department of + State. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>March 1, 1880</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I deem it proper to invite the attention of Congress to the subject of + the unsettled claims of Spanish inhabitants of East Florida during the + years of 1812 and 1813, generally known as the "East Florida claims," + the settlement of which is provided for by a stipulation found in + Article IX of the treaty of February, 1819, between the United States + and Spain. The provision of the treaty in question which relates to + the subject is the following: +</p> +<p class="q"> + The United States will cause satisfaction to be made for the + injuries, if any, which by process of law shall be established + to have been suffered by the Spanish officers and individual + Spanish inhabitants by the late operations of the American + army in Florida. +</p> +<p> + The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at + Large, p. 768), to carry into effect the ninth article of the treaty + in question, provided for the examination and judicial ascertainment + of the claims by the judges of the superior courts established at St. + Augustine and Pensacola, and also made provision for the payment by + the Secretary of the Treasury of such claims as might be reported to + him by the said judges, upon his being satisfied that such claims were + just and equitable; and a subsequent act, approved the 26th of June, + 1834 (6 U.S. Statutes at Large, p. 569), gave further directions for + the payment, and also provided for the hearing and determination by + the judge of the superior court of St. Augustine of such claims as + had not then been already heard and determined. Under these acts + of Congress I understand that all claims presented to the judges in + Florida were passed upon and the result of the proceedings thus had + reported to the Secretary of the Treasury. It also appears that in + the computation of damages the judges adopted a rule of 5 per cent per + annum on the ascertained actual loss from the date of that loss to the + time of the rendition of their finding, and that the Secretary of the + Treasury in 1836, when the first reports were presented to him, not + deeming this portion of the claims covered by the 5 per cent rule + just and equitable within the meaning of the treaty and the acts of + Congress, refused to pay it, but did continue to pay the ascertained + amounts of actual loss. The demand for payment of this rejected + item has been pressed at various times and in various ways up to the + present time, but Mr. Woodbury's successors in the Treasury Department + have not felt at liberty to review that ruling. +</p> +<p> + Under these circumstances I have thought it proper to lay the subject + before Congress for its consideration and such action as may be deemed + necessary. The history of the proceedings already had in regard to the + matter is of record in the Treasury Department, and will be furnished + by the Secretary of the Treasury should Congress desire it. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 8, 1880</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith the report of the Secretary of State and the + accompanying papers, in response to the resolution adopted by the + Senate on the 11th day of February last, requesting copies of all + correspondence between this Government and any foreign government + since February, 1869, respecting a ship canal across the isthmus + between North America and South America, together with copies of any + <i>projet</i> of treaties respecting the same which the Department of State + may have proposed or submitted since that date to any foreign power or + its diplomatic representative. +</p> +<p> + In further compliance with the resolution of the Senate, I deem it + proper to state briefly my opinion as to the policy of the United + States with respect to the construction of an interoceanic canal by + any route across the American Isthmus. +</p> +<p> + The policy of this country is a canal under American control. The + United States can not consent to the surrender of this control to any + European power or to any combination of European powers. If existing + treaties between the United States and other nations or if the rights + of sovereignty or property of other nations stand in the way of this + policy—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. +</p> +<p> + The capital invested by corporations or citizens of other countries in + such an enterprise must in a great degree look for protection to + one or more of the great powers of the world. No European power + can intervene for such protection without adopting measures on this + continent which the United States would deem wholly inadmissible. If + the protection of the United States is relied upon, the United States + must exercise such control as will enable this country to protect + its national interests and maintain the rights of those whose private + capital is embarked in the work. +</p> +<p> + An interoceanic canal across the American Isthmus will essentially + change the geographical relations between the Atlantic and Pacific + coasts of the United States and between the United States and the rest + of the world. It would be the great ocean thoroughfare between our + Atlantic and our Pacific shores, and virtually a part of the coast + line of the United States. Our merely commercial interest in it is + greater than that of all other countries, while its relations to our + power and prosperity as a nation, to our means of defense, our unity, + peace, and safety, are matters of paramount concern to the people + of the United States. No other great power would under similar + circumstances fail to assert a rightful control over a work so closely + and vitally affecting its interest and welfare. +</p> +<p> + Without urging further the grounds of my opinion, I repeat, in + conclusion, that it is the right and the duty of the United States + to assert and maintain such supervision and authority over any + interoceanic canal across the isthmus that connects North and South + America as will protect our national interests. This, I am quite sure, + will be found not only compatible with but promotive of the widest and + most permanent advantage to commerce and civilization. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<center> + [A similar message was sent to the House of Representatives, in answer + to a resolution of that body of February 10.] +</center> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>March 9, 1880</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith a report from the Secretary + of the Interior, containing an agreement signed by the chiefs and + headmen of the Ute Indians now present at the seat of Government. The + stipulations of this agreement appear to me so reasonable and just and + the object to be accomplished by its execution so eminently desirable + to both the white people of the United States and the Indians that it + has my cordial approval, and I earnestly commend it to Congress for + favorable consideration and appropriate legislative action. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p class="r"> + WASHINGTON, <i>March 9, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate, for its consideration with a + view to ratification, a convention between the United States and His + Majesty the King of the Belgians, defining the rights, immunities, and + privileges of consular officers, concluded this day at Washington. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 9, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report, dated on the 9th instant, from the + Secretary of State, with the accompanying papers, in answer to + a resolution of the House of Representatives of the 25th ultimo, + requesting the President to transmit to that body, if not deemed + incompatible with the public interest, copies of such dispatches + as have recently been received by the Secretary of State from the + consul-general at Shanghai upon the subject of slavery in China and + those portions of the penal code of China which forbid expatriation. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>March 12, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of March 2, + 1880, requesting the Secretary of State to communicate to the House + certain information in relation to the publication and circulation of + commercial reports, I transmit herewith a report from the Secretary of + State, with its accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>March 29, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 29th of + January, 1880, calling for information in relation to the awards of + the mixed commission organized under the provisions of the treaty of + April 25, 1866, between the United States and Venezuela, I transmit + herewith a report from the Secretary of State upon the subject. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>April 12, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In response to the resolution of the House of Representatives of the + 12th of February last, on the subject of negotiations concerning the + immigration of Chinese to the United States, I transmit a report of + the Secretary of State, to whom the matter was referred. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>April 15, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to the resolution of the Senate of the 27th of February + last, concerning the action had by the Executive with respect to the + investigation of certain cases in which awards were made by the late + United States and Mexican Commission, I transmit herewith a report of + the Secretary of State, to whom the matter was referred. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., April 16, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The board for testing iron, steel, and other metals, appointed under + the authority of "An act making appropriations for sundry civil + expenses of the Government for the fiscal year ending June 30, 1876, + and for other purposes," contracted with Mr. A.H. Emery, of New York, + for a testing machine, to be paid out of the appropriation made for + the purpose. That machine has been completed and accepted, and is now + in position at the Watertown Arsenal, Mass. It is spoken of by the + members composing the late board as the most perfect and reliable + machine in the world, embodying new mechanical principles and + combinations not heretofore used in any other constructions. +</p> +<p> + In designing, perfecting, and making this machine the contractor + has expended large sums of money over and above the contract + price, besides giving years of labor, for which he has received no + compensation. He now appeals to Congress for relief, and the papers + herewith exhibit a case that calls for Congressional action. It is + respectfully submitted to the House of Representatives, recommending + speedy and favorable consideration. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>April 22, 1880</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to inform Congress that Mr. J. Randolph Coolidge, + Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen + Dwight, of Massachusetts, the heirs of the late Joseph Coolidge, + jr., desire to present to the United States the desk on which the + Declaration of Independence was written. It bears the following + inscription in the handwriting of Thomas Jefferson: +</p> +<p class="q"> + Thomas Jefferson gives this writing desk to Joseph Coolidge, + jr., as a memorial of his affection. It was made from + a drawing of his own, by Ben. Randall, cabinetmaker of + Philadelphia, with whom he first lodged on his arrival in that + city in May, 1776, and is the identical one on which he wrote + the Declaration of Independence. +</p><p class="q"> + Politics, as well as religion, has its superstitions. These, + gaining strength with time, may one day give imaginary value + to this relic for its association with the birth of the great + charter of our independence. +</p><p class="q"> + Monticello, <i>November 18, 1825</i>. +</p> +<p> + The desk was placed in my possession by Hon. Robert C. Winthrop, and + is herewith transmitted to Congress with the letter of Mr. Winthrop + expressing the wish of the donors "to offer it to the United States, + so that it may henceforth have a place in the Department of State in + connection with the immortal instrument which was written upon it in + 1776." +</p> +<p> + I respectfully recommend that such action be taken by Congress as + may be deemed appropriate with reference to a gift to the nation + so precious in its history and for the memorable associations which + belong to it. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p class="r"> + WASHINGTON, D.C., <i>April 14, 1880</i>. +</p> +<p> +His Excellency RUTHERFORD B. HAYES,<br> + <i>President of the United States</i>. +</p> +<p> + MY DEAR SIR: I have been privileged to bring with me from Boston, as a + present to the United States, a very precious historical relic. It is + the little desk on which Mr. Jefferson wrote the original draft of the + Declaration of Independence. +</p> +<p> + This desk was given by Mr. Jefferson himself to my friend, the late + Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's + granddaughter, Miss Randolph, and it bears an autograph inscription + of singular interest, written by the illustrious author of the + Declaration in the very last year of his life. +</p> +<p> + On the recent death of Mr. Coolidge, whose wife had died a year or + two previously, the desk became the property of their children, Mr. + J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson + Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to + the United States, so that it may henceforth have a place in the + Department of State in connection with the immortal instrument which + was written upon it in 1776. +</p> +<p> + They have done me the honor to make me the medium of this + distinguished gift, and I ask permission to place it in the hands of + the Chief Magistrate of the nation in their name and at their request. +</p> +<p> + Believe me, dear Mr. President, with the highest respect, very + faithfully, your obedient servant, +</p> +<p class="r"> + ROBT. C. WINTHROP. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>May 13, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate, in response to their resolution of + the 24th of March last, in relation to the fulfillment of the ninth + article of the treaty of 1819 between the United States and Spain, a + report of the Secretary of State on the correspondence asked for by + the resolution, with its accompanying documents, and in connection + therewith a previous report from the Secretary of State and an opinion + of the Attorney-General on the subject of the East Florida claims. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>May 17, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of + the 27th ultimo, calling for copies of the correspondence with the + Government of Great Britain in regard to the alleged outrage upon + American fishermen at Fortune Bay, in the Province of Newfoundland, + I transmit herewith the correspondence called for and a report from + the Secretary of State on the subject. +</p> +<p> + In transmitting this correspondence and the report I respectfully + ask the immediate and careful attention of Congress to the failure + of accord between the two Governments as to the interpretation and + execution of the fishery articles of the treaty of Washington, as + disclosed in this correspondence and elucidated by the exposition of + the subject by the Secretary of State. +</p> +<p> + I concur in the opinions of this report as to the measures proper to + be taken by this Government in maintenance of the rights accorded to + our fishermen by the British concession of the treaty and in providing + for suitable action toward securing an indemnity for the injury these + interests have already suffered. +</p> +<p> + Accordingly, I recommend to Congress the adoption of these measures, + with such attendant details of legislation as in the wisdom of + Congress shall seem expedient. +</p> +<p class="r"> + R.B. HAYES. +</p> +<center> + [The same message was sent to the Senate, in answer to a resolution of + that body of April 28.] +</center> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>May 24, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit to the Senate, for its consideration with a view to + ratification, the accompanying convention for the extradition of + criminals, concluded between the United States and the Government of + His Majesty the King of the Netherlands on the 22d instant. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>May 25, 1880</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to transmit herewith a communication from the + Secretary of the Interior, with reference to the agreement made with + the chiefs of the Ute Indians recently in Washington, a copy of which + was submitted to Congress on the 9th of March last. +</p> +<p> + The special and immediate attention of Congress to the imminent danger + attending the postponement of appropriate legislation to carry into + effect the stipulations of this agreement is earnestly solicited. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 5, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In response to a resolution of the Senate of the 31st ultimo, + requesting the President "to communicate to the Senate whether any + supervisor or supervisors of the census appointed by and with the + advice and consent of the Senate have been removed from office by + him or with his consent," etc., I transmit herewith a report from the + Secretary of the Interior. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>May 4, 1880</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + After mature consideration of the bill entitled "An act making + appropriations to supply certain deficiencies in the appropriations + for the service of the Government for the fiscal year ending June + 30, 1880, and for other purposes," I return it to the House of + Representatives, in which it originated, with my objections to its + passage. +</p> +<p> + The bill appropriates about $8,000,000, of which over $600,000 is for + the payment of the fees of United States marshals and of the general + and special deputy marshals earned during the current fiscal year, + and their incidental expenses. The appropriations made in the bill are + needed to carry on the operations of the Government and to fulfill its + obligations for the payment of money long since due to its officers + for services and expenses essential to the execution of their + duties under the laws of the United States. The necessity for these + appropriations is so urgent and they have been already so long + delayed that if the bill before me contained no permanent or general + legislation unconnected with these appropriations it would receive + my prompt approval. It contains, however, provisions which materially + change, and by implication repeal, important parts of the laws for the + regulation of the United States elections. These laws have for several + years past been the subject of vehement political controversy, and + have been denounced as unnecessary, oppressive, and unconstitutional. + On the other hand, it has been maintained with equal zeal and + earnestness that the election laws are indispensable to fair and + lawful elections, and are clearly warranted by the Constitution. + Under these circumstances, to attempt in an appropriation bill the + modification or repeal of these laws is to annex a condition to the + passage of needed and proper appropriations, which tends to deprive + the Executive of that equal and independent exercise of discretion and + judgment which the Constitution contemplates. +</p> +<p> + The objection to the bill, therefore, to which I respectfully ask your + attention is that it gives a marked and deliberate sanction, attended + by no circumstances of pressing necessity, to the questionable and, + as I am clearly of opinion, the dangerous practice of tacking upon + appropriation bills general and permanent legislation. This practice + opens a wide door to hasty, inconsiderate, and sinister legislation. + It invites attacks upon the independence and constitutional powers of + the Executive by providing an easy and effective way of constraining + Executive discretion. Although of late this practice has been resorted + to by all political parties when clothed with power, it did not + prevail until forty years after the adoption of the Constitution, and + it is confidently believed that it is condemned by the enlightened + judgment of the country. The States which have adopted new + constitutions during the last quarter of a century have generally + provided remedies for the evil. Many of them have enacted that no law + shall contain more than one subject, which shall be plainly expressed + in its title. The constitutions of more than half of the States + contain substantially this provision, or some other of like intent and + meaning. The public welfare will be promoted in many ways by a return + to the early practice of the Government and to the true rule of + legislation, which is that every measure should stand upon its own + merits. +</p> +<p> + I am firmly convinced that appropriation bills ought not to contain + any legislation not relevant to the application or expenditure of the + money thereby appropriated, and that by a strict adherence to this + principle an important and much needed reform will be accomplished. +</p> +<p> + Placing my objection to the bill on this feature of its frame, + I forbear any comment upon the important general and permanent + legislation which it contains, as matter for specific and independent + consideration. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>June 15, 1880</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + After mature consideration of the bill entitled "An act regulating the + pay and appointment of deputy marshals," I am constrained to withhold + from it my approval, and to return it to the Senate, in which it + originated, with my objections to its passage. +</p> +<p> + The laws now in force on the subject of the bill before me are + contained in the following sections of the Revised Statutes: +</p> +<p class="q"> + SEC. 2021. Whenever an election at which Representatives or + Delegates in Congress are to be chosen is held in any city + or town of 20,000 inhabitants or upward, the marshal for the + district in which the city or town is situated shall, on the + application in writing of at least two citizens residing in + such city or town, appoint special deputy marshals, whose + duty it shall be, when required thereto, to aid and assist + the supervisors of election in the verification of any list + of persons who may have registered or voted; to attend in each + election district or voting precinct at the times and places + fixed for the registration of voters, and at all times + or places when and where the registration may by law be + scrutinized and the names of registered voters be marked + for challenge; and also to attend, at all times for holding + elections, the polls in such district or precinct. +</p><p class="q"> + SEC. 2022. The marshal and his general deputies, and such + special deputies, shall keep the peace and support and protect + the supervisors of election in the discharge of their duties, + preserve order at such places of registration and at such + polls, prevent fraudulent registration and fraudulent voting + thereat, or fraudulent conduct on the part of any officer of + election, and immediately, either at the place of registration + or polling place, or elsewhere, and either before or after + registering or voting, to arrest and take into custody, with + or without process, any person who commits, or attempts or + offers to commit, any of the acts or offenses prohibited + herein, or who commits any offense against the laws of the + United States; but no person shall be arrested without process + for any offense not committed in the presence of the marshal + or his general or special deputies, or either of them, or of + the supervisors of election, or either of them; and for + the purposes of arrest or the preservation of the peace the + supervisors of election shall, in the absence of the marshal's + deputies, or if required to assist such deputies, have the + same duties and powers as deputy marshals; nor shall any + person, on the day of such election, be arrested without + process for any offense committed on the day of registration. +</p><p class="q"> + SEC. 2023. Whenever any arrest is made under any provision of + this title, the person so arrested shall forthwith be brought + before a commissioner, judge, or court of the United States + for examination of the offenses alleged against him; and such + commissioner, judge, or court shall proceed in respect thereto + as authorized by law in case of crimes against the United + States. +</p><p class="q"> + SEC. 2024. The marshal or his general deputies, or such + special deputies as are thereto specially empowered by him in + writing, and under his hand and seal, whenever he or either + or any of them is forcibly resisted in executing their duties + under this title, or shall by violence, threats, or menaces + be prevented from executing such duties or from arresting any + person who has committed any offense for which the marshal + or his general or his special deputies are authorized to make + such arrest, are, and each of them is, empowered to summon + and call to his aid the bystanders or <i>posse comitatus</i> of his + district. +</p><p class="q"> + SEC. 2028. No person shall be appointed a supervisor of + election or a deputy marshal under the preceding provisions + who is not at the time of his appointment a qualified voter of + the city, town, county, parish, election district, or voting + precinct in which his duties are to be performed. +</p><p class="q"> + SEC. 5521. If any person be appointed a supervisor of election + or a special deputy marshal under the provisions of title "The + elective franchise," and has taken the oath of office as such + supervisor of election or such special deputy marshal, and + thereafter neglects or refuses, without good and lawful + excuse, to perform and discharge fully the duties, + obligations, and requirements of such office until the + expiration of the term for which he was appointed, he shall + not only be subject to removal from office with loss of all + pay or emoluments, but shall be punished by imprisonment for + not less than six months nor more than one year, or by a fine + of not less than $200 and not more than $500, or by both fine + and imprisonment, and shall pay the costs of prosecution. +</p><p class="q"> + SEC. 5522. Every person, whether with or without any + authority, power, or process, or pretended authority, power, + or process, of any State, Territory, or municipality, who + obstructs, hinders, assaults, or by bribery, solicitation, + or otherwise interferes with or prevents the supervisors of + election, or either of them, or the marshal or his general or + special deputies, or either of them, in the performance of any + duty required of them, or either of them, or which he or they, + or either of them, may be authorized to perform by any law of + the United States, in the execution of process or otherwise, + or who by any of the means before mentioned hinders or + prevents the free attendance and presence at such places of + registration, or at such polls of election, or full and free + access and egress to and from any such place of registration + or poll of election, or in going to and from any such place + of registration or poll of election, or to and from any room + where any such registration or election or canvass of votes, + or of making any returns or certificates thereof, may be had, + or who molests, interferes with, removes, or ejects from + any such place of registration or poll of election, or + of canvassing votes cast thereat, or of making returns or + certificates thereof, any supervisor of election, the marshal + or his general or special deputies, or either of them, or + who threatens, or attempts or offers so to do, or refuses or + neglects to aid and assist any supervisor of election, or the + marshal or his general or special deputies, or either of them, + in the performance of his or their duties, when required + by him or them, or either of them, to give such aid and + assistance, shall be liable to instant arrest without process, + and shall be punished by imprisonment not more than two years, + or by a fine of not more than $3,000, or by both such fine and + imprisonment, and shall pay the cost of the prosecution. +</p> +<p> + The Supreme Court of the United States, in the recent case of <i>Ex + parte</i> Siebold and others, decided at the October term, 1879, on + the question raised in the case as to the constitutionality of the + sections of the Revised Statutes above quoted, uses the following + language: +</p> +<p class="q"> + These portions of the Revised Statutes are taken from the act + commonly known as the enforcement act, approved May 31, 1870, + and entitled "An act to enforce the right of citizens of the + United States to vote in the several States of this Union, + and for other purposes," and from the supplement to that + act, approved February 28, 1871. They relate to elections of + members of the House of Representatives, and were an assertion + on the part of Congress of a power to pass laws for regulating + and superintending said elections and for securing the purity + thereof and the rights of citizens to vote thereat peaceably + and without molestation. +</p><p class="q"> + It must be conceded to be a most important power, and of a + fundamental character. In the light of recent history and of + the violence, fraud, corruption, and irregularity which have + frequently prevailed at such elections, it may easily be + conceived that the exertion of the power, if it exists, may be + necessary to the stability of our form of government. +</p><p class="q"> + The greatest difficulty in coming to a just conclusion arises + from mistaken notions with regard to the relations which + subsist between the State and National Governments. * * * +</p><p class="q"> + It seems to be often overlooked that a national constitution + has been adopted in this country, establishing a real + government therein, operating upon persons and territory and + things, and which, moreover, is, or should be, as dear to + every American citizen as his State government is. Whenever + the true conception of the nature of this Government is + once conceded, no real difficulty will arise in the just + interpretation of its powers; but if we allow ourselves to + regard it as a hostile organization, opposed to the proper + sovereignty and dignity of the State governments, we shall + continue to be vexed with difficulties as to its jurisdiction + and authority. No greater jealousy is required to be exercised + toward this Government in reference to the preservation of + our liberties than is proper to be exercised toward the State + governments. Its powers are limited in number and clearly + defined, and its action within the scope of those powers is + restrained by a sufficiently rigid bill of rights for the + protection of its citizens from oppression. The true interests + of the people of this country require that both the National + and State Governments should be allowed, without jealous + interference on either side, to exercise all the powers which + respectively belong to them according to a fair and practical + construction of the Constitution. State rights and the rights + of the United States should be equally respected. Both + are essential to the preservation of our liberties and + the perpetuity of our institutions. But in endeavoring to + vindicate the one we should not allow our zeal to nullify or + impair the other. * * * +</p><p class="q"> + The true doctrine, as we conceive, is this, that while the + States are really sovereign as to all matters which have not + been granted to the jurisdiction and control of the United + States, the Constitution and constitutional laws of the latter + are, as we have already said, the supreme law of the land, + and when they conflict with the laws of the States they are + of paramount authority and obligation. This is the fundamental + principle on which the authority of the Constitution is based, + and unless it be conceded in practice as well as theory the + fabric of our institutions, as it was contemplated by its + founders, can not stand. The questions involved have respect + not more to the autonomy and existence of the States than to + the continued existence of the United States as a government + to which every American citizen may look for security and + protection in every part of the land. * * * +</p><p class="q"> + Why do we have marshals at all if they can not physically lay + their hands on persons and things in the performance of their + proper duties? What functions can they perform if they can not + use force? In executing the process of the courts must they + call on the nearest constable for protection? Must they rely + on him to use the requisite compulsion and to keep the peace + while they are soliciting and entreating the parties and + bystanders to allow the law to take its course? This is the + necessary consequence of the positions that are assumed. If + we indulge in such impracticable views as these, and keep + on refining and re-refining, we shall drive the National + Government out of the United States and relegate it to the + District of Columbia, or perhaps to some foreign soil. We + shall bring it back to a condition of greater helplessness + than that of the old Confederation. +</p><p class="q"> + The argument is based on a strained and impracticable view + of the nature and powers of the National Government. It must + execute its powers or it is no government. It must execute + them on the land as well as on the sea, on things as well as + on persons. And to do this it must necessarily have power to + command obedience, preserve order, and keep the peace; and + no person or power in this land has the right to resist or + question its authority so long as it keeps within the bounds + of its jurisdiction. +</p> +<p> + I have deemed it fitting and proper to quote thus largely from an + important and elaborate opinion of the Supreme Court because the bill + before me proceeds upon a construction of the Constitution as to the + powers of the National Government which is in direct conflict with the + judgment of the highest judicial tribunal of our country. +</p> +<p> + Under the sections of the present law above quoted officers of the + United States are authorized, and it is their duty in the case of + Congressional elections, to keep the peace at the polls and at the + places of registration; to arrest immediately any person who is guilty + of crimes against the United States election laws; to protect all + officers of elections in the performance of their duties; and + whenever an arrest is made to bring the person so arrested before a + commissioner, judge, or court of the United States for examination of + the offenses alleged against him. "Such special deputy marshals as are + specially empowered thereto by the marshal in writing," if forcibly + resisted, may call to their aid the bystanders or <i>posse comitatus</i>. + It is made a crime punishable with fine or imprisonment to hinder, + assault, or otherwise interfere with the marshal or "his special + deputies," or to threaten or to attempt so to do. If any person + appointed such special deputy marshal has taken the oath of office and + thereafter neglects or refuses to fully discharge the duties of such + office, he is punishable not only by removal from office, but by fine + and imprisonment. The functions of the special deputy marshals + now provided for by law being executive, they are placed under the + authority of the well-known chief executive officer of the courts + of the United States. They are in fact, and not merely in name, the + deputies of the marshal, and he and his bondsmen are responsible for + them. A civil force for the execution of the law is thus instituted in + accordance with long-established and familiar usage, which is simple, + effective, and under a responsible head. The necessity for the + possession of these powers by appropriate officers will not be called + in question by intelligent citizens who appreciate the importance of + peaceable, orderly, and lawful elections. Similar powers are conferred + and exercised under State laws with respect to State elections. The + executive officers of the United States under the existing laws have + no other or greater power to supervise and control the conduct of the + Congressional elections than the State executive officers exercise in + regard to State elections. +</p> +<p> + The bill before me changes completely the present law by substituting + for the special deputy marshals of the existing statutes new officers + hitherto unknown to the law, and who lack the power, responsibility, + and protection which are essential to enable them to act efficiently + as executive officers. +</p> +<p> + The bill under consideration is as follows: +</p> +<p class="q"> + <i>Be it enacted by the Senate and House of Representatives of + the United States of America in Congress assembled</i>, That + from and after the passage of this act the pay of all deputy + marshals for services in reference to any election shall be $5 + for each day of actual service, and no more. +</p><p class="q"> + SEC. 2. That all deputy marshals to serve in reference to any + election shall be appointed by the circuit court of the United + States for the district in which such marshals are to perform + their duties in each year; and the judges of the several + circuit courts of the United States are hereby authorized to + open their respective courts at any time for that purpose; and + in case the circuit courts shall not be open for that purpose + at least ten days prior to a registration, if there be one, + or, if no registration be required, then at least ten days + before such election, the judges of the district courts of + the United States are hereby respectively authorized to cause + their courts to be opened for the purpose of appointing such + deputy marshals, who shall be appointed by the said district + courts; and the officers so appointed shall be in equal + numbers from the different political parties, and shall be + well-known citizens, of good moral character, and actual + residents of the voting precincts in which their duties are + to be performed, and shall not be candidates for any office + at such election; and all laws and parts of laws inconsistent + with this act are hereby repealed: <i>Provided</i>, That the + marshals of the United States for whom deputies shall be + appointed by the court under this act shall not be liable for + any of the acts of such deputies. +</p> +<p> + It will be observed that the deputy marshals proposed by the bill + before me are distinctly different officers from the special deputies + of the marshal, as such officers are now provided for in the statutes. + This bill does not connect the new officers with the existing laws + relating to special deputy marshals so as to invest the proposed + deputy marshals with the same powers, to impose upon them the same + duties, and to give them the same protection by means of the criminal + laws. When new officers are created, distinct in character and + appointed by different authority, although similar in name to + officers already provided for, such officers are not held by similar + responsibilities to the criminal law, do not possess the same powers, + and are not similarly protected unless it is expressly so provided by + legislation. +</p> +<p> + The so-called deputy marshals provided for in this bill will have no + executive head. The marshal can neither appoint nor remove them. He + can not control them, and he is not responsible for them. They will + have no authority to call to their aid, if resisted, the <i>posse + comitatus</i>. They are protected by no criminal statutes in the + performance of their duties. An assault upon one of these deputies + with the intent to prevent a lawful election will be no more than an + ordinary assault upon any other citizen. They can not keep the peace. + They can not make arrests when crimes are committed in their presence. + Whatever powers they have are confined to the precincts in which they + reside. Outside of the precincts for which they are appointed the + deputy marshals of this bill can not keep the peace, make arrests, + hold prisoners, take prisoners before a proper tribunal for hearing, + nor perform any other duty. No oaths of office are required of them, + and they give no bond. They have no superior who is responsible for + them, and they are not punishable for neglect of duty or misconduct in + office. In all these respects this bill makes a radical change between + the powers of the United States officers at national elections and the + powers uniformly possessed and exercised by State officers at State + elections. This discrimination against the authority of the United + States is a departure from the usage of the Government established by + precedents beginning with the earliest statutes on the subject, and + violates the true principles of the Constitution. The Supreme Court, + in the decision already referred to, says: +</p> +<p class="q"> + It is argued that the preservation of peace and good order in + society is not within the powers confided to the Government of + the United States, but belongs exclusively to the States. Here + again we are met with the theory that the Government of the + United States does not rest upon the soil and territory of + the country. We think that this theory is founded on an entire + misconception of the nature and powers of that Government. + We hold it to be an incontrovertible principle that the + Government of the United States may, by means of physical + force, exercised through its official agents, execute on every + foot of American soil the powers and functions that belong to + it. This necessarily involves the power to command obedience + to its laws, and hence the power to keep the peace to that + extent. +</p><p class="q"> + This power to enforce its laws and to execute its functions + in all places does not derogate from the power of the State to + execute its laws at the same time and in the same places. The + one does not exclude the other, except where both can not + be executed at the same time. In that case the words of the + Constitution itself show which is to yield. "This Constitution + and all laws which shall be made in pursuance thereof * * * + shall be the supreme law of the land." +</p> +<p> + In conclusion it is proper to say that no objection would be made to + the appointment of officers to act with reference to the elections by + the courts of the United States, and that I am in favor of appointing + officers to supervise and protect the elections without regard to + party; but the bill before me, while it recognizes the power and duty + of the United States to provide officers to guard and scrutinize the + Congressional elections, fails to adapt its provisions to the existing + laws so as to secure efficient supervision and protection. It is + therefore returned to the Senate, in which it originated, for that + further consideration which is contemplated by the Constitution. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has become known to me that certain evil-disposed persons + have within the territory and jurisdiction of the United States begun + and set on foot preparations for an organized and forcible possession + of and settlement upon the lands of what is known as the Indian + Territory, west of the State of Arkansas, which Territory is + designated, recognized, and described by the treaties and laws of the + United States and by the executive authorities as Indian country, and + as such is only subject to occupation by Indian tribes, officers of + the Indian Department, military posts, and such persons as may be + privileged to reside and trade therein under the intercourse laws of + the United States; and +</p> +<p> + Whereas those laws provide for the removal of all persons residing and + trading therein without express permission of the Indian Department + and agents, and also of all persons whom such agents may deem to be + improper persons to reside in the Indian country; and +</p> +<p> + Whereas, in aid and support of such organized movement, it has been + represented that no further action will be taken by the Government to + prevent persons from going into said territory and settling therein, + but such representations are wholly without authority: +</p> +<p> + Now, therefore, for the purpose of properly protecting the interests + of the Indian nations and tribes, as well as of the United States, in + said Indian Territory, and of duly enforcing the laws governing the + same, I, Rutherford B. Hayes, President of the United States, do + admonish and warn all such persons so intending or preparing to remove + upon said lands or into said Territory without permission of the + proper agent of the Indian Department against any attempt to so remove + or settle upon any of the lands of said Territory; and I do further + warn and notify any and all such persons who may so offend that they + will be speedily and immediately removed therefrom by the agent, + according to the laws made and provided, and that no efforts will be + spared to prevent the invasion of said Territory, rumors spread + by evil-disposed persons to the contrary notwithstanding; and if + necessary the aid and assistance of the military forces of the United + States will be invoked to carry into proper execution the laws of the + United States herein referred to. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 12th day of February, A.D. 1880, + and of the Independence of the United States the one hundred and + fourth. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> +<p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + At no period in their history since the United States became a nation + has this people had so abundant and so universal reasons for joy and + gratitude at the favor of Almighty God or been subject to so profound + an obligation to give thanks for His loving kindness and humbly to + implore His continued care and protection. +</p> +<p> + Health, wealth, and prosperity throughout all our borders; peace, + honor, and friendship with all the world; firm and faithful adherence + by the great body of our population to the principles of liberty and + justice which have made our greatness as a nation, and to the wise + institutions and strong frame of government and society which will + perpetuate it—for all these let the thanks of a happy and united + people, as with one voice, ascend in devout homage to the Giver of All + Good. +</p> +<p> + I therefore recommend that on Thursday, the 25th day of November next, + the people meet in their respective places of worship to make their + acknowledgments to Almighty God for His bounties and His protection + and to offer to Him prayers for their continuance. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of November, A.D. 1880, + and of the Independence of the United States the one hundred and + fifth. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> +<p> </p> + + +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas satisfactory evidence has been given to me by the Government + of His Majesty the Emperor of China that no discriminating duties of + tonnage or imposts are imposed or levied in the ports of that nation + upon vessels wholly belonging to citizens of the United States, or + upon the produce, manufactures, or merchandise imported in the same: +</p> +<p> + Therefore, I, Rutherford B. Hayes, President of the United States of + America, by virtue of the authority in me vested by law, do hereby + declare and proclaim that the foreign discriminating duties of tonnage + and impost within the United States are and shall be suspended and + discontinued so far as respects the vessels of China and the produce, + manufactures, and merchandise imported therein into the United + States from China, or from any other foreign country, so long as + the exemption aforesaid on the part of China of vessels belonging to + citizens of the United States and their cargoes shall be continued and + no longer. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 23d day of November, A.D. 1880, + and of the Independence of the United States of America the one + hundred and fifth. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDER. +</h2> +<center> + [From the Evening Star, Washington, D.C., May 27, 1880.] +</center> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., May 27, 1880</i>. +</p> +<p> + DEAR SIR:<a href="#note-41"><small>41</small></a> I am directed by the President to say that the several + Departments of the Government will be closed on Saturday, the 29th + instant, in remembrance of those who fell in defense of the nation, + and to enable the employees to participate in the commemorative + ceremonies of the day. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> + W.K. ROGERS,<br> + <i>Private Secretary</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FOURTH ANNUAL MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>December 6, 1880</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + I congratulate you on the continued and increasing prosperity of our + country. By the favor of Divine Providence we have been blessed during + the past year with health, with abundant harvests, with profitable + employment for all our people, and with contentment at home, and + with peace and friendship with other nations. The occurrence of + the twenty-fourth election of Chief Magistrate has afforded another + opportunity to the people of the United States to exhibit to the world + a significant example of the peaceful and safe transmission of the + power and authority of government from the public servants whose terms + of office are about to expire to their newly chosen successors. This + example can not fail to impress profoundly thoughtful people of other + countries with the advantages which republican institutions afford. + The immediate, general, and cheerful acquiescence of all good citizens + in the result of the election gives gratifying assurance to our + country and to its friends throughout the world that a government + based on the free consent of an intelligent and patriotic people + possesses elements of strength, stability, and permanency not found in + any other form of government. +</p> +<p> + Continued opposition to the full and free enjoyment of the rights of + citizenship conferred upon the colored people by the recent amendments + to the Constitution still prevails in several of the late slaveholding + States. It has, perhaps, not been manifested in the recent election to + any large extent in acts of violence or intimidation. It has, however, + by fraudulent practices in connection with the ballots, with the + regulations as to the places and manner of voting, and with counting, + returning, and canvassing the votes cast, been successful in defeating + the exercise of the right preservative of all rights—the right + of suffrage—which the Constitution expressly confers upon our + enfranchised citizens. +</p> +<p> + It is the desire of the good people of the whole country that + sectionalism as a factor in our politics should disappear. They prefer + that no section of the country should be united in solid opposition + to any other section. The disposition to refuse a prompt and hearty + obedience to the equal-rights amendments to the Constitution is all + that now stands in the way of a complete obliteration of sectional + lines in our political contests. As long as either of these amendments + is flagrantly violated or disregarded, it is safe to assume that + the people who placed them in the Constitution, as embodying the + legitimate results of the war for the Union, and who believe them to + be wise and necessary, will continue to act together and to insist + that they shall be obeyed. The paramount question still is as to the + enjoyment of the right by every American citizen who has the requisite + qualifications to freely cast his vote and to have it honestly + counted. With this question rightly settled, the country will be + relieved of the contentions of the past; bygones will indeed be + bygones, and political and party issues, with respect to economy + and efficiency of administration, internal improvements, the tariff, + domestic taxation, education, finance, and other important subjects, + will then receive their full share of attention; but resistance to + and nullification of the results of the war will unite together in + resolute purpose for their support all who maintain the authority of + the Government and the perpetuity of the Union, and who adequately + appreciate the value of the victory achieved. This determination + proceeds from no hostile sentiment or feeling to any part of the + people of our country or to any of their interests. The inviolability + of the amendments rests upon the fundamental principle of our + Government. They are the solemn expression of the will of the people + of the United States. +</p> +<p> + The sentiment that the constitutional rights of all our citizens must + be maintained does not grow weaker. It will continue to control the + Government of the country. Happily, the history of the late election + shows that in many parts of the country where opposition to the + fifteenth amendment has heretofore prevailed it is diminishing, and is + likely to cease altogether if firm and well-considered action is taken + by Congress. I trust the House of Representatives and the Senate, + which have the right to judge of the elections, returns, and + qualifications of their own members, will see to it that every case + of violation of the letter or spirit of the fifteenth amendment is + thoroughly investigated, and that no benefit from such violation shall + accrue to any person or party. It will be the duty of the Executive, + with sufficient appropriations for the purpose, to prosecute + unsparingly all who have been engaged in depriving citizens of the + rights guaranteed to them by the Constitution. +</p> +<p> + It is not, however, to be forgotten that the best and surest guaranty + of the primary rights of citizenship is to be found in that capacity + for self-protection which can belong only to a people whose right to + universal suffrage is supported by universal education. The means + at the command of the local and State authorities are in many cases + wholly inadequate to furnish free instruction to all who need it. + This is especially true where before emancipation the education of the + people was neglected or prevented, in the interest of slavery. Firmly + convinced that the subject of popular education deserves the earnest + attention of the people of the whole country, with a view to wise + and comprehensive action by the Government of the United States, I + respectfully recommend that Congress, by suitable legislation and + with proper safeguards, supplement the local educational funds in + the several States where the grave duties and responsibilities of + citizenship have been devolved on uneducated people by devoting to + the purpose grants of the public lands and, if necessary, by + appropriations from the Treasury of the United States. Whatever + Government can fairly do to promote free popular education ought to be + done. Wherever general education is found, peace, virtue, and social + order prevail and civil and religious liberty are secure. +</p> +<p> + In my former annual messages I have asked the attention of Congress to + the urgent necessity of a reformation of the civil-service system + of the Government. My views concerning the dangers of patronage, + or appointments for personal or partisan considerations, have been + strengthened by my observation and experience in the Executive office, + and I believe these dangers threaten the stability of the Government. + Abuses so serious in their nature can not be permanently tolerated. + They tend to become more alarming with the enlargement of + administrative service, as the growth of the country in population + increases the number of officers and placemen employed. +</p> +<p> + The reasons are imperative for the adoption of fixed rules for the + regulation of appointments, promotions, and removals, establishing + a uniform method having exclusively in view in every instance the + attainment of the best qualifications for the position in question. + Such a method alone is consistent with the equal rights of all + citizens and the most economical and efficient administration of the + public business. +</p> +<p> + Competitive examinations in aid of impartial appointments and + promotions have been conducted for some years past in several of + the Executive Departments, and by my direction this system has been + adopted in the custom-houses and post-offices of the larger cities of + the country. In the city of New York over 2,000 positions in the civil + service have been subject in their appointments and tenure of place to + the operation of published rules for this purpose during the past + two years. The results of these practical trials have been very + satisfactory, and have confirmed my opinion in favor of this system of + selection. All are subjected to the same tests, and the result is free + from prejudice by personal favor or partisan influence. It secures for + the position applied for the best qualifications attainable among the + competing applicants. It is an effectual protection from the pressure + of importunity, which under any other course pursued largely exacts + the time and attention of appointing officers, to their great + detriment in the discharge of other official duties, preventing the + abuse of the service for the mere furtherance of private or party + purposes, and leaving the employee of the Government, freed from the + obligations imposed by patronage, to depend solely upon merit for + retention and advancement, and with this constant incentive to + exertion and improvement. +</p> +<p> + These invaluable results have been attained in a high degree in the + offices where the rules for appointment by competitive examination + have been applied. +</p> +<p> + A method which has so approved itself by experimental tests at + points where such tests may be fairly considered conclusive should be + extended to all subordinate positions under the Government. I believe + that a strong and growing public sentiment demands immediate measures + for securing and enforcing the highest possible efficiency in the + civil service and its protection from recognized abuses, and that + the experience referred to has demonstrated the feasibility of such + measures. +</p> +<p> + The examinations in the custom-houses and post-offices have been held + under many embarrassments and without provision for compensation for + the extra labor performed by the officers who have conducted them, and + whose commendable interest in the improvement of the public service + has induced this devotion of time and labor without pecuniary reward. + A continuance of these labors gratuitously ought not to be expected, + and without an appropriation by Congress for compensation it is not + practicable to extend the system of examinations generally throughout + the civil service. It is also highly important that all such + examinations should be conducted upon a uniform system and under + general supervision. Section 1753 of the Revised Statutes authorizes + the President to prescribe the regulations for admission to the civil + service of the United States, and for this purpose to employ suitable + persons to conduct the requisite inquiries with reference to "the + fitness of each candidate, in respect to age, health, character, + knowledge, and ability for the branch of service into which he seeks + to enter;" but the law is practically inoperative for want of the + requisite appropriation. +</p> +<p> + I therefore recommend an appropriation of $25,000 per annum to meet + the expenses of a commission, to be appointed by the President in + accordance with the terms of this section, whose duty it shall be + to devise a just, uniform, and efficient system of competitive + examinations and to supervise the application of the same throughout + the entire civil service of the Government. I am persuaded that the + facilities which such a commission will afford for testing the fitness + of those who apply for office will not only be as welcome a relief + to members of Congress as it will be to the President and heads of + Departments, but that it will also greatly tend to remove the causes + of embarrassment which now inevitably and constantly attend the + conflicting claims of patronage between the legislative and executive + departments. The most effectual check upon the pernicious competition + of influence and official favoritism in the bestowal of office will + be the substitution of an open competition of merit between the + applicants, in which everyone can make his own record with the + assurance that his success will depend upon this alone. +</p> +<p> + I also recommend such legislation as, while leaving every officer as + free as any other citizen to express his political opinions and to use + his means for their advancement, shall also enable him to feel as safe + as any private citizen in refusing all demands upon his salary for + political purposes. A law which should thus guarantee true liberty + and justice to all who are engaged in the public service, and likewise + contain stringent provisions against the use of official authority + to coerce the political action of private citizens or of official + subordinates, is greatly to be desired. +</p> +<p> + The most serious obstacle, however, to an improvement of the civil + service, and especially to a reform in the method of appointment and + removal, has been found to be the practice, under what is known as + the spoils system, by which the appointing power has been so largely + encroached upon by members of Congress. The first step in the reform + of the civil service must be a complete divorce between Congress and + the Executive in the matter of appointments. The corrupting + doctrine that "to the victors belong the spoils" is inseparable + from Congressional patronage as the established rule and practice of + parties in power. It comes to be understood by applicants for office + and by the people generally that Representatives and Senators are + entitled to disburse the patronage of their respective districts and + States. It is not necessary to recite at length the evils resulting + from this invasion of the Executive functions. The true principles of + Government on the subject of appointments to office, as stated in the + national conventions of the leading parties of the country, have again + and again been approved by the American people, and have not been + called in question in any quarter. These authentic expressions of + public opinion upon this all-important subject are the statement + of principles that belong to the constitutional structure of the + Government. +</p> +<p class="q"> + Under the Constitution the President and heads of Departments + are to make nominations for office. The Senate is to advise + and consent to appointments, and the House of Representatives + is to accuse and prosecute faithless officers. The best + interest of the public service demands that these distinctions + be respected; that Senators and Representatives, who may + be judges and accusers, should not dictate appointments to + office. +</p> +<p> + To this end the cooperation of the legislative department of the + Government is required alike by the necessities of the case and by + public opinion. Members of Congress will not be relieved from the + demands made upon them with reference to appointments to office until + by legislative enactment the pernicious practice is condemned and + forbidden. +</p> +<p> + It is therefore recommended that an act be passed defining the + relations of members of Congress with respect to appointment to office + by the President; and I also recommend that the provisions of section + 1767 and of the sections following of the Revised Statutes, comprising + the tenure-of-office act of March 2, 1867, be repealed. +</p> +<p> + Believing that to reform the system and methods of the civil service + in our country is one of the highest and most imperative duties + of statesmanship, and that it can be permanently done only by the + cooperation of the legislative and executive departments of the + Government, I again commend the whole subject to your considerate + attention. +</p> +<p> + It is the recognized duty and purpose of the people of the United + States to suppress polygamy where it now exists in our Territories and + to prevent its extension. Faithful and zealous efforts have been made + by the United States authorities in Utah to enforce the laws against + it. Experience has shown that the legislation upon this subject, to be + effective, requires extensive modification and amendment. The longer + action is delayed the more difficult it will be to accomplish what + is desired. Prompt and decided measures are necessary. The Mormon + sectarian organization which upholds polygamy has the whole power of + making and executing the local legislation of the Territory. By its + control of the grand and petit juries it possesses large influence + over the administration of justice. Exercising, as the heads of this + sect do, the local political power of the Territory, they are able to + make effective their hostility to the law of Congress on the subject + of polygamy, and, in fact, do prevent its enforcement. Polygamy will + not be abolished if the enforcement of the law depends on those who + practice and uphold the crime. It can only be suppressed by taking + away the political power of the sect which encourages and sustains it. +</p> +<p> + The power of Congress to enact suitable laws to protect the + Territories is ample. It is not a case for halfway measures. The + political power of the Mormon sect is increasing. It controls now + one of our wealthiest and most populous Territories. It is extending + steadily into other Territories. Wherever it goes it establishes + polygamy and sectarian political power. The sanctity of marriage and + the family relation are the corner stone of our American society and + civilization. Religious liberty and the separation of church and state + are among the elementary ideas of free institutions. To reestablish + the interests and principles which polygamy and Mormonism have + imperiled, and to fully reopen to intelligent and virtuous immigrants + of all creeds that part of our domain which has been in a great degree + closed to general immigration by intolerant and immoral institutions, + it is recommended that the government of the Territory of Utah be + reorganized. +</p> +<p> + I recommend that Congress provide for the government of Utah by a + governor and judges, or commissioners, appointed by the President and + confirmed by the Senate—a government analogous to the provisional + government established for the territory northwest of the Ohio by + the ordinance of 1787. If, however, it is deemed best to continue the + existing form of local government, I recommend that the right to vote, + hold office, and sit on juries in the Territory of Utah be confined to + those who neither practice nor uphold polygamy. If thorough measures + are adopted, it is believed that within a few years the evils which + now afflict Utah will be eradicated, and that this Territory will in + good time become one of the most prosperous and attractive of the new + States of the Union. +</p> +<p> + Our relations with all foreign countries have been those of + undisturbed peace, and have presented no occasion for concern as to + their continued maintenance. +</p> +<p> + My anticipation of an early reply from the British Government to the + demand of indemnity to our fishermen for the injuries suffered by that + industry at Fortune Bay in January, 1878, which I expressed in my last + annual message, was disappointed. This answer was received only in the + latter part of April in the present year, and when received exhibited + a failure of accord between the two Governments as to the measure of + the inshore fishing privilege secured to our fishermen by the treaty + of Washington of so serious a character that I made it the subject of + a communication to Congress, in which I recommended the adoption of + the measures which seemed to me proper to be taken by this Government + in maintenance of the rights accorded to our fishermen under the + treaty and toward securing an indemnity for the injury these interests + had suffered. A bill to carry out these recommendations was under + consideration by the House of Representatives at the time of the + adjournment of Congress in June last. +</p> +<p> + Within a few weeks I have received a communication from Her Majesty's + Government renewing the consideration of the subject, both of the + indemnity for the injuries at Fortune Bay and of the interpretation + of the treaty in which the previous correspondence had shown the two + Governments to be at variance. Upon both these topics the disposition + toward a friendly agreement is manifested by a recognition of our + right to an indemnity for the transaction at Fortune Bay, leaving the + measure of such indemnity to further conference, and by an assent to + the view of this Government, presented in the previous correspondence, + that the regulation of conflicting interests of the shore fishery + of the provincial seacoasts and the vessel fishery of our fishermen + should be made the subject of conference and concurrent arrangement + between the two Governments. +</p> +<p> + I sincerely hope that the basis may be found for a speedy adjustment + of the very serious divergence of views in the interpretation of + the fishery clauses of the treaty of Washington, which, as the + correspondence between the two Governments stood at the close of the + last session of Congress, seemed to be irreconcilable. +</p> +<p> + In the important exhibition of arts and industries which was held last + year at Sydney, New South Wales, as well as in that now in progress + at Melbourne, the United States have been efficiently and honorably + represented. The exhibitors from this country at the former place + received a large number of awards in some of the most considerable + departments, and the participation of the United States was recognized + by a special mark of distinction. In the exhibition at Melbourne the + share taken by our country is no less notable, and an equal degree of + success is confidently expected. +</p> +<p> + The state of peace and tranquillity now enjoyed by all the nations + of the continent of Europe has its favorable influence upon our + diplomatic and commercial relations with them. We have concluded and + ratified a convention with the French Republic for the settlement of + claims of the citizens of either country against the other. Under this + convention a commission, presided over by a distinguished publicist, + appointed in pursuance of the request of both nations by His Majesty + the Emperor of Brazil, has been organized and has begun its sessions + in this city. A congress to consider means for the protection of + industrial property has recently been in session in Paris, to which + I have appointed the ministers of the United States in France and in + Belgium as delegates. The International Commission upon Weights and + Measures also continues its work in Paris. I invite your attention to + the necessity of an appropriation to be made in time to enable + this Government to comply with its obligations under the metrical + convention. +</p> +<p> + Our friendly relations with the German Empire continue without + interruption. At the recent International Exhibition of Fish + and Fisheries at Berlin the participation of the United States, + notwithstanding the haste with which the commission was forced to make + its preparations, was extremely successful and meritorious, winning + for private exhibitors numerous awards of a high class and for the + country at large the principal prize of honor offered by His Majesty + the Emperor. The results of this great success can not but be + advantageous to this important and growing industry. There have been + some questions raised between the two Governments as to the proper + effect and interpretation of our treaties of naturalization, but + recent dispatches from our minister at Berlin show that favorable + progress is making toward an understanding in accordance with the + views of this Government, which makes and admits no distinction + whatever between the rights of a native and a naturalized citizen of + the United States. In practice the complaints of molestation suffered + by naturalized citizens abroad have never been fewer than at present. +</p> +<p> + There is nothing of importance to note in our unbroken friendly + relations with the Governments of Austria-Hungary, Russia, Portugal, + Sweden and Norway, Switzerland, Turkey, and Greece. +</p> +<p> + During the last summer several vessels belonging to the merchant + marine of this country, sailing in neutral waters of the West Indies, + were fired at, boarded, and searched by an armed cruiser of the + Spanish Government. The circumstances as reported involve not only a + private injury to the persons concerned, but also seemed too little + observant of the friendly relations existing for a century between + this country and Spain. The wrong was brought to the attention of + the Spanish Government in a serious protest and remonstrance, and the + matter is undergoing investigation by the royal authorities with a + view to such explanation or reparation as may be called for by the + facts. +</p> +<p> + The commission sitting in this city for the adjudication of claims of + our citizens against the Government of Spain is, I hope, approaching + the termination of its labors. +</p> +<p> + The claims against the United States under the Florida treaty with + Spain were submitted to Congress for its action at the late session, + and I again invite your attention to this long-standing question, with + a view to a final disposition of the matter. +</p> +<p> + At the invitation of the Spanish Government, a conference has recently + been held at the city of Madrid to consider the subject of protection + by foreign powers of native Moors in the Empire of Morocco. The + minister of the United States in Spain was directed to take part + in the deliberations of this conference, the result of which is + a convention signed on behalf of all the powers represented. The + instrument will be laid before the Senate for its consideration. The + Government of the United States has also lost no opportunity to urge + upon that of the Emperor of Morocco the necessity, in accordance with + the humane and enlightened spirit of the age, of putting an end to the + persecutions, which have been so prevalent in that country, of + persons of a faith other than the Moslem, and especially of the Hebrew + residents of Morocco. +</p> +<p> + The consular treaty concluded with Belgium has not yet been officially + promulgated, owing to the alteration of a word in the text by the + Senate of the United States, which occasioned a delay, during which + the time allowed for ratification expired. The Senate will be asked to + extend the period for ratification. +</p> +<p> + The attempt to negotiate a treaty of extradition with Denmark failed + on account of the objection of the Danish Government to the usual + clause providing that each nation should pay the expense of the arrest + of the persons whose extradition it asks. +</p> +<p> + The provision made by Congress at its last session for the expense + of the commission which had been appointed to enter upon negotiations + with the Imperial Government of China on subjects of great interest + to the relations of the two countries enabled the commissioners + to proceed at once upon their mission. The Imperial Government was + prepared to give prompt and respectful attention to the matters + brought under negotiation, and the conferences proceeded with such + rapidity and success that on the 17th of November last two treaties + were signed at Peking, one relating to the introduction of Chinese + into this country and one relating to commerce. Mr. Trescot, one of + the commissioners, is now on his way home bringing the treaties, and + it is expected that they will be received in season to be laid before + the Senate early in January. +</p> +<p> + Our minister in Japan has negotiated a convention for the reciprocal + relief of shipwrecked seamen. I take occasion to urge once more + upon Congress the propriety of making provision for the erection of + suitable fireproof buildings at the Japanese capital for the use of + the American legation and the court-house and jail connected with + it. The Japanese Government, with great generosity and courtesy, has + offered for this purpose an eligible piece of land. +</p> +<p> + In my last annual message I invited the attention of Congress to the + subject of the indemnity funds received some years ago from China and + Japan. I renew the recommendation then made that whatever portions of + these funds are due to American citizens should be promptly paid + and the residue returned to the nations, respectively, to which they + justly and equitably belong. +</p> +<p> + The extradition treaty with the Kingdom of the Netherlands, which has + been for some time in course of negotiation, has during the past year + been concluded and duly ratified. +</p> +<p> + Relations of friendship and amity have been established between the + Government of the United States and that of Roumania. We have sent + a diplomatic representative to Bucharest, and have received at this + capital the special envoy who has been charged by His Royal Highness + Prince Charles to announce the independent sovereignty of Roumania. We + hope for a speedy development of commercial relations between the two + countries. +</p> +<p> + In my last annual message I expressed the hope that the prevalence of + quiet on the border between this country and Mexico would soon become + so assured as to justify the modification of the orders then in force + to our military commanders in regard to crossing the frontier, without + encouraging such disturbances as would endanger the peace of the two + countries. Events moved in accordance with these expectations, and the + orders were accordingly withdrawn, to the entire satisfaction of our + own citizens and the Mexican Government. Subsequently the peace of the + border was again disturbed by a savage foray under the command of + the Chief Victoria, but by the combined and harmonious action of the + military forces of both countries his band has been broken up and + substantially destroyed. +</p> +<p> + There is reason to believe that the obstacles which have so long + prevented rapid and convenient communication between the United States + and Mexico by railways are on the point of disappearing, and that + several important enterprises of this character will soon be set on + foot, which can not fail to contribute largely to the prosperity of + both countries. +</p> +<p> + New envoys from Guatemala, Colombia, Bolivia, Venezuela, and + Nicaragua have recently arrived at this capital, whose distinction and + enlightenment afford the best guaranty of the continuance of friendly + relations between ourselves and these sister Republics. +</p> +<p> + The relations between this Government and that of the United States of + Colombia have engaged public attention during the past year, mainly by + reason of the project of an interoceanic canal across the Isthmus of + Panama, to be built by private capital under a concession from + the Colombian Government for that purpose. The treaty obligations + subsisting between the United States and Colombia, by which we + guarantee the neutrality of the transit and the sovereignty and + property of Colombia in the Isthmus, make it necessary that the + conditions under which so stupendous a change in the region embraced + in this guaranty should be effected—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." +</p> +<p> + The war between the Republic of Chile on the one hand and the allied + Republics of Peru and Bolivia on the other still continues. This + Government has not felt called upon to interfere in a contest that is + within the belligerent rights of the parties as independent states. + We have, however, always held ourselves in readiness to aid in + accommodating their difference, and have at different times reminded + both belligerents of our willingness to render such service. +</p> +<p> + Our good offices in this direction were recently accepted by all the + belligerents, and it was hoped they would prove efficacious; but I + regret to announce that the measures which the ministers of the United + States at Santiago and Lima were authorized to take with the view to + bring about a peace were not successful. In the course of the war some + questions have arisen affecting neutral rights. In all of these the + ministers of the United States have, under their instructions, acted + with promptness and energy in protection of American interests. +</p> +<p> + The relations of the United States with the Empire of Brazil continue + to be most cordial, and their commercial intercourse steadily + increases, to their mutual advantage. +</p> +<p> + The internal disorders with which the Argentine Republic has for some + time past been afflicted, and which have more or less influenced its + external trade, are understood to have been brought to a close. This + happy result may be expected to redound to the benefit of the foreign + commerce of that Republic, as well as to the development of its vast + interior resources. +</p> +<p> + In Samoa the Government of King Malietoa, under the support and + recognition of the consular representatives of the United States, + Great Britain, and Germany, seems to have given peace and tranquillity + to the islands. While it does not appear desirable to adopt as a whole + the scheme of tripartite local government which has been proposed, the + common interests of the three great treaty powers require harmony in + their relations to the native frame of government, and this may be + best secured by a simple diplomatic agreement between them. It would + be well if the consular jurisdiction of our representative at Apia + were increased in extent and importance so as to guard American + interests in the surrounding and outlying islands of Oceanica. +</p> +<p> + The obelisk generously presented by the Khedive of Egypt to the city + of New York has safely arrived in this country, and will soon be + erected in that metropolis. A commission for the liquidation of the + Egyptian debt has lately concluded its work, and this Government, at + the earnest solicitation of the Khedive, has acceded to the provisions + adopted by it, which will be laid before Congress for its information. + A commission for the revision of the judicial code of the + reform tribunal of Egypt is now in session in Cairo. Mr. Farman, + consul-general, and J.M. Batchelder, esq., have been appointed as + commissioners to participate in this work. The organization of the + reform tribunals will probably be continued for another period of five + years. +</p> +<p> + In pursuance of the act passed at the last session of Congress, + invitations have been extended to foreign maritime states to join in + a sanitary conference in Washington, beginning the 1st of January. The + acceptance of this invitation by many prominent powers gives promise + of success in this important measure, designed to establish a system + of international notification by which the spread of infectious or + epidemic diseases may be more effectively checked or prevented. The + attention of Congress is invited to the necessary appropriations for + carrying into effect the provisions of the act referred to. +</p> +<p> + The efforts of the Department of State to enlarge the trade and + commerce of the United States, through the active agency of consular + officers and through the dissemination of information obtained from + them, have been unrelaxed. The interest in these efforts, as developed + in our commercial communities, and the value of the information + secured by this means to the trade and manufactures of the country + were recognized by Congress at its last session, and provision was + made for the more frequent publication of consular and other reports + by the Department of State. The first issue of this publication has + now been prepared, and subsequent issues may regularly be expected. + The importance and interest attached to the reports of consular + officers are witnessed by the general demand for them by all classes + of merchants and manufacturers engaged in our foreign trade. It is + believed that the system of such publications is deserving of the + approval of Congress, and that the necessary appropriations for its + continuance and enlargement will commend itself to your consideration. +</p> +<p> + The prosperous energies of our domestic industries and their immense + production of the subjects of foreign commerce invite, and even + require, an active development of the wishes and interests of + our people in that direction. Especially important is it that our + commercial relations with the Atlantic and Pacific coasts of South + America, with the West Indies and the Gulf of Mexico, should be + direct, and not through the circuit of European systems, and should + be carried on in our own bottoms. The full appreciation of the + opportunities which our front on the Pacific Ocean gives to commerce + with Japan, China, and the East Indies, with Australia and the island + groups which lie along these routes of navigation, should inspire + equal efforts to appropriate to our own shipping and to administer by + our own capital a due proportion of this trade. Whatever modifications + of our regulations of trade and navigation may be necessary or useful + to meet and direct these impulses to the enlargement of our exchanges + and of our carrying trade I am sure the wisdom of Congress will be + ready to supply. One initial measure, however, seems to me so clearly + useful and efficient that I venture to press it upon your earnest + attention. It seems to be very evident that the provision of regular + steam postal communication by aid from government has been the + forerunner of the commercial predominance of Great Britain on all + these coasts and seas, a greater share in whose trade is now the + desire and the intent of our people. It is also manifest that the + efforts of other European nations to contend with Great Britain for a + share of this commerce have been successful in proportion with their + adoption of regular steam postal communication with the markets whose + trade they sought. Mexico and the States of South America are anxious + to receive such postal communication with this country and to aid in + their development. Similar cooperation may be looked for in due time + from the Eastern nations and from Australia. It is difficult to see + how the lead in this movement can be expected from private interests. + In respect of foreign commerce quite as much as in internal trade + postal communication seems necessarily a matter of common and public + administration, and thus pertaining to Government. I respectfully + recommend to your prompt attention such just and efficient measures as + may conduce to the development of our foreign commercial exchanges and + the building up of our carrying trade. +</p> +<p> + In this connection I desire also to suggest the very great service + which might be expected in enlarging and facilitating our commerce on + the Pacific Ocean were a transmarine cable laid from San Francisco to + the Sandwich Islands, and thence to Japan at the north and Australia + at the south. The great influence of such means of communication on + these routes of navigation in developing and securing the due share of + our Pacific Coast in the commerce of the world needs no illustration + or enforcement. It may be that such an enterprise, useful, and in the + end profitable, as it would prove to private investment, may need to + be accelerated by prudent legislation by Congress in its aid, and + I submit the matter to your careful consideration. +</p> +<p> + An additional and not unimportant, although secondary, reason for + fostering and enlarging the Navy may be found in the unquestionable + service to the expansion of our commerce which would be rendered by + the frequent circulation of naval ships in the seas and ports of all + quarters of the globe. Ships of the proper construction and equipment + to be of the greatest efficiency in case of maritime war might be made + constant and active agents in time of peace in the advancement and + protection of our foreign trade and in the nurture and discipline of + young seamen, who would naturally in some numbers mix with and improve + the crews of our merchant ships. Our merchants at home and abroad + recognize the value to foreign commerce of an active movement of our + naval vessels, and the intelligence and patriotic zeal of our naval + officers in promoting every interest of their countrymen is a just + subject of national pride. +</p> +<p> + The condition of the financial affairs of the Government, as shown by + the report of the Secretary of the Treasury, is very satisfactory. It + is believed that the present financial situation of the United States, + whether considered with respect to trade, currency, credit, growing + wealth, or the extent and variety of our resources, is more favorable + than that of any other country of our time, and has never been + surpassed by that of any country at any period of its history. All our + industries are thriving; the rate of interest is low; new railroads + are being constructed; a vast immigration is increasing our + population, capital, and labor; new enterprises in great number are + in progress, and our commercial relations with other countries are + improving. +</p> +<p> + The ordinary revenues from all sources for the fiscal year ended June + 30, 1880, were— +</p> + +<table summary="" width="100%"> +<tr><td> From customs</td><td align="right">$186,522,064.60</td></tr> +<tr><td> From internal revenue</td><td align="right">124,009,373.92</td></tr> +<tr><td> From sales of public lands</td><td align="right">1,016,506.60</td></tr> +<tr><td> From tax on circulation and deposits of national banks</td><td align="right">7,014,971.44</td></tr> +<tr><td> From repayment of interest by Pacific Railway companies</td><td align="right">1,707,367.18</td></tr> +<tr><td> From sinking fund for Pacific Railway companies</td><td align="right">786,621.22</td></tr> +<tr><td> From customs fees, fines, penalties, etc.</td><td align="right">1,148,800.16</td></tr> +<tr><td> From fees—consular, letters patent, and lands</td><td align="right">2,337,029.00</td></tr> +<tr><td> From proceeds of sales of Government property</td><td align="right">282,616.50</td></tr> +<tr><td> From profits on coinage, etc.</td><td align="right">2,792,186.78</td></tr> +<tr><td> From revenues of the District of Columbia</td><td align="right">1,809,469.70</td></tr> +<tr><td> From miscellaneous sources</td><td align="right">4,099,603.88</td></tr> +<tr><td></td><td width="20%"><hr class="full"></td></tr> +<tr><td> Total ordinary receipts</td><td align="right">333,526,610.98</td></tr> +</table> + +<p> + The ordinary expenditures for the same period were— +</p> + +<table summary="" width="100%"> +<tr><td> For civil expenses</td><td align="right">$15,693,963.55</td></tr> +<tr><td> For foreign intercourse</td><td align="right">1,211,490.58</td></tr> +<tr><td> For Indians</td><td align="right">5,945,457.09</td></tr> +<tr><td> For pensions (including $19,341,025.20 arrears of pensions)</td><td align="right">56,777,174.44</td></tr> +<tr><td> For the military establishment, including river and harbor improvements and arsenals</td><td align="right">38,116,916.22</td></tr> +<tr><td> For the naval establishment, including vessels, machinery, and improvements at navy-yards</td><td align="right">13,536,984.74</td></tr> +<tr><td> For miscellaneous expenditures, including public buildings, light-houses, and collecting the revenue</td><td align="right">34,535,691.00</td></tr> +<tr><td> For expenditures on account of the District of Columbia</td><td align="right">3,272,384.63</td></tr> +<tr><td> For interest on the public debt</td><td align="right">95,757,575.11</td></tr> +<tr><td> For premium on bonds purchased</td><td align="right">2,795,320.42</td></tr> +</table> + +<p> + leaving a surplus revenue of $65,883,653.20, which, with an amount + drawn from the cash balance in Treasury of $8,084,434.21, making + $73,968,087.41, was applied to the redemption— +</p> + +<table summary="" width="100%"> +<tr><td> Of bonds for the sinking fund</td><td align="right">$73,652,900.00</td></tr> +<tr><td> Of fractional currency</td><td align="right">251,717.41</td></tr> +<tr><td> Of the loan of 1858</td><td align="right">40,000.00</td></tr> +<tr><td> Of temporary loan</td><td align="right">100.00</td></tr> +<tr><td> Of bounty-land scrip</td><td align="right">25.00</td></tr> +<tr><td> Of compound-interest notes</td><td align="right">16,500.00</td></tr> +<tr><td> Of 7.30 notes of 1864-65</td><td align="right">2,650.00</td></tr> +<tr><td> Of one and two year notes</td><td align="right">3,700.00</td></tr> +<tr><td> Of old demand notes</td><td align="right">495.00</td></tr> +<tr><td></td><td width="20%"><hr class="full"></td></tr> +<tr><td> Total</td><td align="right">73,968,087.41</td></tr> +</table> + +<p> + The amount due the sinking fund for this year was $37,931,643.55. + There was applied thereto the sum of $73,904,617.41, being + $35,972,973.86 in excess of the actual requirements for the year. +</p> +<p> + The aggregate of the revenues from all sources during the fiscal + year ended June 30, 1880, was $333,526,610.98, an increase over the + preceding year of $59,699,426.52. The receipts thus far of the current + year, together with the estimated receipts for the remainder of the + year, amount to $350,000,000, which will be sufficient to meet the + estimated expenditures of the year and leave a surplus of $90,000,000. +</p> +<p> + It is fortunate that this large surplus revenue occurs at a period + when it may be directly applied to the payment of the public debt soon + to be redeemable. No public duty has been more constantly cherished + in the United States than the policy of paying the nation's debt as + rapidly as possible. +</p> +<p> + The debt of the United States, less cash in the Treasury and exclusive + of accruing interest, attained its maximum of $2,756,431,571.43 + in August, 1865, and has since that time been reduced to + $1,886,019,504.65. Of the principal of the debt, $108,758,100 has been + paid since March 1, 1877, effecting an annual saving of interest of + $6,107,593. The burden of interest has also been diminished by the + sale of bonds bearing a low rate of interest and the application of + the proceeds to the redemption of bonds bearing a higher rate. The + annual saving thus secured since March 1, 1877, is $14,290,453.50. + Within a short period over six hundred millions of 5 and 6 per + cent bonds will become redeemable. This presents a very favorable + opportunity not only to further reduce the principal of the debt, but + also to reduce the rate of interest on that which will remain unpaid. + I call the attention of Congress to the views expressed on this + subject by the Secretary of the Treasury in his annual report, and + recommend prompt legislation to enable the Treasury Department to + complete the refunding of the debt which is about to mature. +</p> +<p> + The continuance of specie payments has not been interrupted or + endangered since the date of resumption. It has contributed greatly + to the revival of business and to our remarkable prosperity. The fears + that preceded and accompanied resumption have proved groundless. No + considerable amount of United States notes have been presented for + redemption, while very large sums of gold bullion, both domestic and + imported, are taken to the mints and exchanged for coin or notes. The + increase of coin and bullion in the United States since January 1, + 1879, is estimated at $227,399,428. +</p> +<p> + There are still in existence, uncanceled, $346,681,016 of United + States legal-tender notes. These notes were authorized as a war + measure, made necessary by the exigencies of the conflict in which + the United States was then engaged. The preservation of the nation's + existence required, in the judgment of Congress, an issue of + legal-tender paper money. That it served well the purpose for which + it was created is not questioned, but the employment of the notes as + paper money indefinitely, after the accomplishment of the object for + which they were provided, was not contemplated by the framers of the + law under which they were issued. These notes long since became, like + any other pecuniary obligation of the Government, a debt to be paid, + and when paid to be canceled as mere evidence of an indebtedness + no longer existing. I therefore repeat what was said in the annual + message of last year, that the retirement from circulation of United + States notes with the capacity of legal tender in private contracts is + a step to be taken in our progress toward a safe and stable currency + which should be accepted as the policy and duty of the Government and + the interest and security of the people. +</p> +<p> + At the time of the passage of the act now in force requiring the + coinage of silver dollars, fixing their value, and giving them + legal-tender character it was believed by many of the supporters of + the measure that the silver dollar which it authorized would speedily + become, under the operations of the law, of equivalent value to the + gold dollar. There were other supporters of the bill, who, while + they doubted as to the probability of this result, nevertheless were + willing to give the proposed experiment a fair trial, with a view to + stop the coinage if experience should prove that the silver dollar + authorized by the bill continued to be of less commercial value than + the standard gold dollar. +</p> +<p> + The coinage of silver dollars under the act referred to began in + March, 1878, and has been continued as required by the act. The + average rate per month to the present time has been $2,276,492. The + total amount coined prior to the 1st of November last was $72,847,750. + Of this amount $47,084,450 remain in the Treasury, and only + $25,763,291 are in the hands of the people. A constant effort has been + made to keep this currency in circulation, and considerable expense + has been necessarily incurred for this purpose; but its return to the + Treasury is prompt and sure. Contrary to the confident anticipation of + the friends of the measure at the time of its adoption, the value + of the silver dollar containing 412-1/2 grains of silver has + not increased. During the year prior to the passage of the bill + authorizing its coinage the market value of the silver which it + contained was from 90 to 92 cents as compared with the standard gold + dollar. During the last year the average market value of the silver + dollar has been 88-1/2 cents. +</p> +<p> + It is obvious that the legislation of the last Congress in regard to + silver, so far as it was based on an anticipated rise in the value + of silver as a result of that legislation, has failed to produce the + effect then predicted. The longer the law remains in force, requiring, + as it does, the coinage of a nominal dollar which in reality is not + a dollar, the greater becomes the danger that this country will be + forced to accept a single metal as the sole legal standard of value in + circulation, and this a standard of less value than it purports to be + worth in the recognized money of the world. +</p> +<p> + The Constitution of the United States, sound financial principles, + and our best interests all require that the country should have as its + legal-tender money both gold and silver coin of an intrinsic value, + as bullion, equivalent to that which upon its face it purports to + possess. The Constitution in express terms recognizes both gold and + silver as the only true legal-tender money. To banish either of these + metals from our currency is to narrow and limit the circulating medium + of exchange to the disparagement of important interests. The United + States produces more silver than any other country, and is directly + interested in maintaining it as one of the two precious metals which + furnish the coinage of the world. It will, in my judgment, contribute + to this result if Congress will repeal so much of existing legislation + as requires the coinage of silver dollars containing only 412-1/2 + grains of silver, and in its stead will authorize the Secretary of the + Treasury to coin silver dollars of equivalent value, as bullion, with + gold dollars. This will defraud no man, and will be in accordance with + familiar precedents. Congress on several occasions has altered the + ratio of value between gold and silver, in order to establish it more + nearly in accordance with the actual ratio of value between the two + metals. +</p> +<p> + In financial legislation every measure in the direction of greater + fidelity in the discharge of pecuniary obligations has been found + by experience to diminish the rates of interest which debtors are + required to pay and to increase the facility with which money can + be obtained for every legitimate purpose. Our own recent financial + history shows how surely money becomes abundant whenever confidence + in the exact performance of moneyed obligations is established. +</p> +<p> + The Secretary of War reports that the expenditures of the + War Department for the fiscal year ended June 30, 1880, were + $39,924,773.03. The appropriations for this Department for the current + fiscal year amount to $41,993,630.40. +</p> +<p> + With respect to the Army, the Secretary invites attention to the fact + that its strength is limited by statute (U.S. Revised Statutes, + sec. 1115) to not more than 30,000 enlisted men, but that provisos + contained in appropriation bills have limited expenditures to the + enlistment of but 25,000. It is believed the full legal strength is + the least possible force at which the present organization can be + maintained, having in view efficiency, discipline, and economy. While + the enlistment of this force would add somewhat to the appropriation + for pay of the Army, the saving made in other respects would be more + than an equivalent for this additional outlay, and the efficiency of + the Army would be largely increased. +</p> +<p> + The rapid extension of the railroad system west of the Mississippi + River and the great tide of settlers which has flowed in upon new + territory impose on the military an entire change of policy. The + maintenance of small posts along wagon and stage routes of travel + is no longer necessary. Permanent quarters at points selected, of a + more substantial character than those heretofore constructed, will be + required. Under existing laws permanent buildings can not be erected + without the sanction of Congress, and when sales of military sites + and buildings have been authorized the moneys received have reverted + to the Treasury and could only become available through a new + appropriation. It is recommended that provision be made by a general + statute for the sale of such abandoned military posts and buildings as + are found to be unnecessary and for the application of the proceeds + to the construction of other posts. While many of the present posts + are of but slight value for military purposes, owing to the changed + condition of the country, their occupation is continued at great + expense and inconvenience, because they afford the only available + shelter for troops. +</p> +<p> + The absence of a large number of officers of the line, in active duty, + from their regiments is a serious detriment to the maintenance of + the service. The constant demand for small detachments, each of which + should be commanded by a commissioned officer, and the various details + of officers for necessary service away from their commands occasion + a scarcity in the number required for company duties. With a view to + lessening this drain to some extent, it is recommended that the law + authorizing the detail of officers from the active list as professors + of tactics and military science at certain colleges and universities + be so amended as to provide that all such details be made from the + retired list of the Army. +</p> +<p> + Attention is asked to the necessity of providing by legislation for + organizing, arming, and disciplining the <i>active</i> militia of the + country, and liberal appropriations are recommended in this behalf. + The reports of the Adjutant-General of the Army and the Chief of + Ordnance touching this subject fully set forth its importance. +</p> +<p> + The report of the officer in charge of education in the Army shows + that there are 78 schools now in operation in the Army, with an + aggregate attendance of 2,305 enlisted men and children. The Secretary + recommends the enlistment of 150 schoolmasters, with the rank and + pay of commissary-sergeants. An appropriation is needed to supply the + judge-advocates of the Army with suitable libraries, and the Secretary + recommends that the Corps of Judge-Advocates be placed upon the same + footing as to promotion with the other staff corps of the Army. Under + existing laws the Bureau of Military Justice consists of one officer + (the Judge-Advocate-General), and the Corps of Judge-Advocates of + eight officers of equal rank (majors), with a provision that the + limit of the corps shall remain at four when reduced by casualty + or resignation to that number. The consolidation of the Bureau of + Military Justice and the Corps of Judge-Advocates upon the same + basis with the other staff corps of the Army would remove an unjust + discrimination against deserving officers and subserve the best + interests of the service. +</p> +<p> + Especial attention is asked to the report of the Chief of Engineers + upon the condition of our national defenses. From a personal + inspection of many of the fortifications referred to, the Secretary + is able to emphasize the recommendations made and to state that their + incomplete and defenseless condition is discreditable to the country. + While other nations have been increasing their means for carrying on + offensive warfare and attacking maritime cities, we have been dormant + in preparation for defense. Nothing of importance has been done toward + strengthening and finishing our casemated works since our late civil + war, during which the great guns of modern warfare and the heavy armor + of modern fortifications and ships came into use among the nations; + and our earthworks, left by a sudden failure of appropriations some + years since in all stages of incompletion, are now being rapidly + destroyed by the elements. +</p> +<p> + The two great rivers of the North American continent, the Mississippi + and the Columbia, have their navigable waters wholly within the limits + of the United States, and are of vast importance to our internal and + foreign commerce. The permanency of the important work on the South + Pass of the Mississippi River seems now to be assured. There has been + no failure whatever in the maintenance of the maximum channel during + the six months ended August 9 last. This experiment has opened a + broad, deep highway to the ocean, and is an improvement upon the + permanent success of which congratulations may be exchanged among + people abroad and at home, and especially among the communities of + the Mississippi Valley, whose commercial exchanges float in an + unobstructed channel safely to and from the sea. +</p> +<p> + A comprehensive improvement of the Mississippi and its tributaries is + a matter of transcendent importance. These great waterways comprise + a system of inland transportation spread like network over a large + portion of the United States, and navigable to the extent of many + thousands of miles. Producers and consumers alike have a common + interest in such unequaled facilities for cheap transportation. + Geographically, commercially, and politically, they are the strongest + tie between the various sections of the country. These channels of + communication and interchange are the property of the nation. + Its jurisdiction is paramount over their waters, and the plainest + principles of public interest require their intelligent and careful + supervision, with a view to their protection, improvement, and the + enhancement of their usefulness. +</p> +<p> + The channel of the Columbia River for a distance of about 100 miles + from its mouth is obstructed by a succession of bars, which occasion + serious delays in navigation and heavy expense for lighterage and + towage. A depth of at least 20 feet at low tide should be secured + and maintained to meet the requirements of the extensive and growing + inland and ocean commerce it subserves. The most urgent need, however, + for this great waterway is a permanent improvement of the channel at + the mouth of the river. +</p> +<p> + From Columbia River to San Francisco, a distance of over 600 miles, + there is no harbor on our Pacific coast which can be approached + during stormy weather. An appropriation of $150,000 was made by the + Forty-fifth Congress for the commencement of a breakwater and harbor + of refuge, to be located at some point between the Straits of Fuca and + San Francisco at which the necessities of commerce, local and general, + will be best accommodated. The amount appropriated is thought to be + quite inadequate for the purpose intended. The cost of the work, when + finished, will be very great, owing to the want of natural advantages + for a site at any point on the coast between the designated limits, + and it has not been thought to be advisable to undertake the work + without a larger appropriation. I commend the matter to the attention + of Congress. +</p> +<p> + The completion of the new building for the War Department is urgently + needed, and the estimates for continuing its construction are + especially recommended. +</p> +<p> + The collections of books, specimens, and records constituting the Army + Medical Museum and Library are of national importance. The library + now contains about 51,500 volumes and 57,000 pamphlets relating to + medicine, surgery, and allied topics. The contents of the Army Medical + Museum consist of 22,000 specimens, and are unique in the completeness + with which both military surgery and the diseases of armies are + illustrated. Their destruction would be an irreparable loss, not only + to the United States, but to the world. There are filed in the Record + and Pension Division over 16,000 bound volumes of hospital records, + together with a great quantity of papers, embracing the original + records of the hospitals of our armies during the civil war. Aside + from their historical value, these records are daily searched for + evidence needed in the settlement of large numbers of pension and + other claims, for the protection of the Government against attempted + frauds, as well as for the benefit of honest claimants. These valuable + collections are now in a building which is peculiarly exposed to the + danger of destruction by fire. It is therefore earnestly recommended + that an appropriation be made for a new fireproof building, adequate + for the present needs and reasonable future expansion of these + valuable collections. Such a building should be absolutely fireproof; + no expenditure for mere architectural display is required. It is + believed that a suitable structure can be erected at a cost not to + exceed $250,000. +</p> +<p> + I commend to the attention of Congress the great services of the + Commander in Chief of our armies during the war for the Union, whose + wise, firm, and patriotic conduct did so much to bring that momentous + conflict to a close. The legislation of the United States contains + many precedents for the recognition of distinguished military merit, + authorizing rank and emoluments to be conferred for eminent services + to the country. An act of Congress authorizing the appointment of + a Captain-General of the Army, with suitable provisions relating to + compensation, retirement, and other details, would, in my judgment, + be altogether fitting and proper, and would be warmly approved by the + country. +</p> +<p> + The report of the Secretary of the Navy exhibits the successful and + satisfactory management of that Department during the last fiscal + year. The total expenditures for the year were $12,916,639.45, leaving + unexpended at the close of the year $2,141,682.23 of the amount of + available appropriations. The appropriations for the present fiscal + year, ending June 30, 1881, are $15,095,061.45, and the total + estimates for the next fiscal year, ending June 30, 1882, are + $15,953,751.61. The amount drawn by warrant from July 1, 1880, to + November 1, 1880, is $5,041,570.45. +</p> +<p> + The recommendation of the Secretary of the Navy that provision be made + for the establishment of some form of civil government for the people + of Alaska is approved. At present there is no protection of persons or + property in that Territory except such as is afforded by the officers + of the United States ship <i>Jamestown</i>. This vessel was dispatched to + Sitka because of the fear that without the immediate presence of the + national authority there was impending danger of anarchy. The steps + taken to restore order have been accepted in good faith by both white + and Indian inhabitants, and the necessity for this method of restraint + does not, in my opinion, now exist. If, however, the <i>Jamestown</i> + should be withdrawn, leaving the people, as at present, without the + ordinary judicial and administrative authority of organized local + government, serious consequences might ensue. +</p> +<p> + The laws provide only for the collection of revenue, the protection of + public property, and the transmission of the mails. The problem is to + supply a local rule for a population so scattered and so peculiar in + its origin and condition. The natives are reported to be teachable and + self-supporting, and if properly instructed doubtless would advance + rapidly in civilization, and a new factor of prosperity would be added + to the national life. I therefore recommend the requisite legislation + upon this subject. +</p> +<p> + The Secretary of the Navy has taken steps toward the establishment + of naval coaling stations at the Isthmus of Panama, to meet the + requirements of our commercial relations with Central and South + America, which are rapidly growing in importance. Locations eminently + suitable, both as regards our naval purposes and the uses of commerce, + have been selected, one on the east side of the Isthmus, at Chiriqui + Lagoon, in the Caribbean Sea, and the other on the Pacific coast, at + the Bay of Golfito. The only safe harbors, sufficiently commodious, on + the Isthmus are at these points, and the distance between them is less + than 100 miles. The report of the Secretary of the Navy concludes with + valuable suggestions with respect to the building up of our merchant + marine service, which deserve the favorable consideration of Congress. +</p> +<p> + The report of the Postmaster-General exhibits the continual growth and + the high state of efficiency of the postal service. The operations + of no Department of the Government, perhaps, represent with greater + exactness the increase in the population and the business of the + country. In 1860 the postal receipts were $8,518,067.40; in 1880 the + receipts were $33,315,479.34. All the inhabitants of the country are + directly and personally interested in having proper mail facilities, + and naturally watch the Post-Office very closely. This careful + oversight on the part of the people has proved a constant stimulus + to improvement. During the past year there was an increase of 2,134 + post-offices, and the mail routes were extended 27,177 miles, making + an additional annual transportation of 10,804,191 miles. The + revenues of the postal service for the ensuing year are estimated + at $38,845,174.10, and the expenditures at $42,475,932, leaving a + deficiency to be appropriated out of the Treasury of $3,630,757.90. +</p> +<p> + The Universal Postal Union has received the accession of almost all + the countries and colonies of the world maintaining organized postal + services, and it is confidently expected that all the other countries + and colonies now outside the union will soon unite therewith, thus + realizing the grand idea and aim of the founders of the union of + forming, for purposes of international mail communication, a single + postal territory, embracing the world, with complete uniformity + of postal charges and conditions of international exchange for all + descriptions of correspondence. To enable the United States to do its + full share of this great work, additional legislation is asked by the + Postmaster-General, to whose recommendations especial attention is + called. +</p> +<p> + The suggestion of the Postmaster-General that it would be wise to + encourage, by appropriate legislation, the establishment of American + lines of steamers by our own citizens to carry the mails between our + own ports and those of Mexico, Central America, South America, and of + transpacific countries is commended to the serious consideration of + Congress. +</p> +<p> + The attention of Congress is also invited to the suggestions of the + Postmaster-General in regard to postal savings. +</p> +<p> + The necessity for additional provision to aid in the transaction of + the business of the Federal courts becomes each year more apparent. + The dockets of the Supreme Court and of the circuit courts in the + greater number of the circuits are encumbered with the constant + accession of cases. In the former court, and in many instances in + the circuit courts, years intervene before it is practicable to bring + cases to hearing. +</p> +<p> + The Attorney-General recommends the establishment of an intermediate + court of errors and appeals. It is recommended that the number of + judges of the circuit court in each circuit, with the exception of the + second circuit, should be increased by the addition of another + judge; in the second circuit, that two should be added; and that an + intermediate appellate court should be formed in each circuit, to + consist of the circuit judges and the circuit justice, and that in the + event of the absence of either of these judges the place of the absent + judge should be supplied by the judge of one of the district courts + in the circuit. Such an appellate court could be safely invested with + large jurisdiction, and its decisions would satisfy suitors in many + cases where appeals would still be allowed to the Supreme Court. + The expense incurred for this intermediate court will require a + very moderate increase of the appropriations for the expenses of the + Department of Justice. This recommendation is commended to the careful + consideration of Congress. +</p> +<p> + It is evident that a delay of justice, in many instances oppressive + and disastrous to suitors, now necessarily occurs in the Federal + courts, which will in this way be remedied. +</p> +<p> + The report of the Secretary of the Interior presents an elaborate + account of the operations of that Department during the past year. It + gives me great pleasure to say that our Indian affairs appear to be in + a more hopeful condition now than ever before. The Indians have made + gratifying progress in agriculture, herding, and mechanical pursuits. + Many who were a few years ago in hostile conflict with the Government + are quietly settling down on farms where they hope to make their + permanent homes, building houses and engaging in the occupations of + civilized life. The introduction of the freighting business among them + has been remarkably fruitful of good results, in giving many of + them congenial and remunerative employment and in stimulating their + ambition to earn their own support. Their honesty, fidelity, and + efficiency as carriers are highly praised. The organization of a + police force of Indians has been equally successful in maintaining law + and order upon the reservations and in exercising a wholesome moral + influence among the Indians themselves. I concur with the Secretary + of the Interior in the recommendation that the pay of this force be + increased, as an inducement to the best class of young men to enter + it. +</p> +<p> + Much care and attention has been devoted to the enlargement of + educational facilities for the Indians. The means available for this + important object have been very inadequate. A few additional boarding + schools at Indian agencies have been established and the erection + of buildings has been begun for several more; but an increase of the + appropriations for this interesting undertaking is greatly needed to + accommodate the large number of Indian children of school age. The + number offered by their parents from all parts of the country for + education in the Government schools is much larger than can be + accommodated with the means at present available for that purpose. The + number of Indian pupils at the normal school at Hampton, Va., under + the direction of General Armstrong, has been considerably increased, + and their progress is highly encouraging. The Indian school + established by the Interior Department in 1879 at Carlisle, Pa., under + the direction of Captain Pratt, has been equally successful. It has + now nearly 200 pupils of both sexes, representing a great variety + of the tribes east of the Rocky Mountains. The pupils in both these + institutions receive not only an elementary English education, but + are also instructed in housework, agriculture, and useful mechanical + pursuits. A similar school was established this year at Forest Grove, + Oreg., for the education of Indian youth on the Pacific Coast. In + addition to this, thirty-six Indian boys and girls were selected + from the Eastern Cherokees and placed in boarding schools in North + Carolina, where they are to receive an elementary English education + and training in industrial pursuits. The interest shown by Indian + parents, even among the so-called wild tribes, in the education of + their children is very gratifying, and gives promise that the results + accomplished by the efforts now making will be of lasting benefit. +</p> +<p> + The expenses of Indian education have so far been drawn from the + permanent civilization fund at the disposal of the Department of the + Interior, but the fund is now so much reduced that the continuance + of this beneficial work will in the future depend on specific + appropriations by Congress for the purpose; and I venture to express + the hope that Congress will not permit institutions so fruitful of + good results to perish for want of means for their support. On the + contrary, an increase of the number of such schools appears to me + highly advisable. +</p> +<p> + The past year has been unusually free from disturbances among the + Indian tribes. An agreement has been made with the Utes by which they + surrender their large reservation in Colorado in consideration of + an annuity to be paid to them, and agree to settle in severalty + on certain lands designated for that purpose, as farmers, holding + individual title to their land in fee-simple, inalienable for a + certain period. In this way a costly Indian war has been avoided, + which at one time seemed imminent, and for the first time in the + history of the country an Indian nation has given up its tribal + existence to be settled in severalty and to live as individuals under + the common protection of the laws of the country. +</p> +<p> + The conduct of the Indians throughout the country during the past + year, with but few noteworthy exceptions, has been orderly and + peaceful. The guerrilla warfare carried on for two years by Victoria + and his band of Southern Apaches has virtually come to an end by the + death of that chief and most of his followers on Mexican soil. The + disturbances caused on our northern frontier by Sitting Bull and his + men, who had taken refuge in the British dominions, are also likely + to cease. A large majority of his followers have surrendered to our + military forces, and the remainder are apparently in progress of + disintegration. +</p> +<p> + I concur with the Secretary of the Interior in expressing the earnest + hope that Congress will at this session take favorable action on + the bill providing for the allotment of lands on the different + reservations in severalty to the Indians, with patents conferring + fee-simple title inalienable for a certain period, and the eventual + disposition of the residue of the reservations for general settlement, + with the consent and for the benefit of the Indians, placing the + latter under the equal protection of the laws of the country. This + measure, together with a vigorous prosecution of our educational + efforts, will work the most important and effective advance toward the + solution of the Indian problem, in preparing for the gradual merging + of our Indian population in the great body of American citizenship. +</p> +<p> + A large increase is reported in the disposal of public lands for + settlement during the past year, which marks the prosperous growth of + our agricultural industry and a vigorous movement of population toward + our unoccupied lands. As this movement proceeds, the codification + of our land laws, as well as proper legislation to regulate the + disposition of public lands, become of more pressing necessity, and I + therefore invite the consideration of Congress to the report and the + accompanying draft of a bill made by the Public Lands Commission, + which were communicated by me to Congress at the last session. Early + action upon this important subject is highly desirable. +</p> +<p> + The attention of Congress is again asked to the wasteful depredations + committed on our public timber lands and the rapid and indiscriminate + destruction of our forests. The urgent necessity for legislation to + this end is now generally recognized. In view of the lawless character + of the depredations committed and the disastrous consequences which + will inevitably follow their continuance, legislation has again and + again been recommended to arrest the evil and to preserve for the + people of our Western States and Territories the timber needed for + domestic and other essential uses. +</p> +<p> + The report of the Director of the Geological Survey is a document + of unusual interest. The consolidation of the various geological and + geographical surveys and exploring enterprises, each of which has + heretofore operated upon an independent plan, without concert, can + not fail to be of great benefit to all those industries of the country + which depend upon the development of our mineral resources. The labors + of the scientific men, of recognized merit, who compose the corps + of the Geological Survey, during the first season of their field + operations and inquiries, appear to have been very comprehensive, + and will soon be communicated to Congress in a number of volumes. + The Director of the Survey recommends that the investigations carried + on by his bureau, which so far have been confined to the so-called + public-land States and Territories, be extended over the entire country, + and that the necessary appropriation be made for this purpose. This + would be particularly beneficial to the iron, coal, and other mining + interests of the Mississippi Valley and of the Eastern and Southern + States. The subject is commended to the careful consideration of + Congress. +</p> +<p> + The Secretary of the Interior asks attention to the want of room in + the public buildings of the capital, now existing and in progress of + construction, for the accommodation of the clerical force employed and + of the public records. Necessity has compelled the renting of private + buildings in different parts of the city for the location of public + offices, for which a large amount of rent is annually paid, while the + separation of offices belonging to the same Department impedes the + transaction of current business. The Secretary suggests that the + blocks surrounding Lafayette Square on the east, north, and west be + purchased as the sites for new edifices for the accommodation of the + Government offices, leaving the square itself intact, and that if such + buildings were constructed upon a harmonious plan of architecture + they would add much to the beauty of the national capital, and would, + together with the Treasury and the new State, Navy, and War Department + building, form one of the most imposing groups of public edifices in + the world. +</p> +<p> + The Commissioner of Agriculture expresses the confident belief that + his efforts in behalf of the production of our own sugar and tea have + been encouragingly rewarded. The importance of the results attained + have attracted marked attention at home and have received the special + consideration of foreign nations. The successful cultivation of our + own tea and the manufacture of our own sugar would make a difference + of many millions of dollars annually in the wealth of the nation. +</p> +<p> + The report of the Commissioner asks attention particularly to the + continued prevalence of an infectious and contagious cattle + disease known and dreaded in Europe and Asia as cattle plague, or + pleuro-pneumonia. A mild type of this disease in certain sections + of our country is the occasion of great loss to our farmers and of + serious disturbance to our trade with Great Britain, which furnishes + a market for most of our live stock and dressed meats. The value of + neat cattle exported from the United States for the eight months ended + August 31, 1880, was more than $12,000,000, and nearly double the + value for the same period in 1879—an unexampled increase of export + trade. Your early attention is solicited to this important matter. +</p> +<p> + The Commissioner of Education reports a continued increase of public + interest in educational affairs, and that the public schools generally + throughout the country are well sustained. Industrial training + is attracting deserved attention, and colleges for instruction, + theoretical and practical, in agriculture and mechanic arts, including + the Government schools recently established for the instruction + of Indian youth, are gaining steadily in public estimation. The + Commissioner asks special attention to the depredations committed on + the lands reserved for the future support of public instruction, and + to the very great need of help from the nation for schools in the + Territories and in the Southern States. The recommendation heretofore + made is repeated and urged, that an educational fund be set apart from + the net proceeds of the sales of the public lands annually, the + income of which and the remainder of the net annual proceeds to + be distributed on some satisfactory plan to the States and the + Territories and the District of Columbia. +</p> +<p> + The success of the public schools of the District of Columbia, and + the progress made, under the intelligent direction of the board + of education and the superintendent, in supplying the educational + requirements of the District with thoroughly trained and efficient + teachers, is very gratifying. The acts of Congress, from time to time, + donating public lands to the several States and Territories in aid + of educational interests have proved to be wise measures of public + policy, resulting in great and lasting benefit. It would seem to be a + matter of simple justice to extend the benefits of this legislation, + the wisdom of which has been so fully vindicated by experience, to the + District of Columbia. +</p> +<p> + I again commend the general interests of the District of Columbia + to the favorable consideration of Congress. The affairs of the + District, as shown by the report of the Commissioners, are in a very + satisfactory condition. +</p> +<p> + In my annual messages heretofore and in my special message of December + 19, 1879, I have urged upon the attention of Congress the necessity of + reclaiming the marshes of the Potomac adjacent to the capital, and I + am constrained by its importance to advert again to the subject. These + flats embrace an area of several hundred acres. They are an impediment + to the drainage of the city and seriously impair its health. It is + believed that with this substantial improvement of its river front the + capital would be in all respects one of the most attractive cities + in the world. Aside from its permanent population, this city is + necessarily the place of residence of persons from every section of + the country engaged in the public service. Many others reside here + temporarily for the transaction of business with the Government. +</p> +<p> + It should not be forgotten that the land acquired will probably be + worth the cost of reclaiming it and that the navigation of the river + will be greatly improved. I therefore again invite the attention of + Congress to the importance of prompt provision for this much needed + and too long delayed improvement. +</p> +<p> + The water supply of the city is inadequate. In addition to the + ordinary use throughout the city, the consumption by Government is + necessarily very great in the navy-yard, arsenal, and the various + Departments, and a large quantity is required for the proper + preservation of the numerous parks and the cleansing of sewers. I + recommend that this subject receive the early attention of Congress, + and that in making provision for an increased supply such means be + adopted as will have in view the future growth of the city. Temporary + expedients for such a purpose can not but be wasteful of money, + and therefore unwise. A more ample reservoir, with corresponding + facilities for keeping it filled, should, in my judgment, be + constructed. I commend again to the attention of Congress the subject + of the removal from their present location of the depots of the + several railroads entering the city; and I renew the recommendations + of my former messages in behalf of the erection of a building for the + Congressional Library, the completion of the Washington Monument, and + of liberal appropriations in support of the benevolent, reformatory, + and penal institutions of the District. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 9, 1880</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention for the establishment, on fixed and uniform + bases, of the exercise of the right of protection in Morocco, and for + the settlement of certain questions connected therewith, between His + Excellency the President of the United States of America; His Majesty + the Emperor of Germany, King of Prussia; His Majesty the Emperor of + Austria, King of Hungary; His Majesty the King of the Belgians; + His Majesty the King of Denmark; His Majesty the King of Spain; His + Excellency the President of the French Republic; Her Majesty the Queen + of the United Kingdom of Great Britain and Ireland; His Majesty the + King of Italy; His Majesty the Sultan of Morocco; His Majesty the King + of the Netherlands; His Majesty the King of Portugal and the Algarves, + and His Majesty the King of Sweden and Norway, signed at Madrid on the + 3d day of July last. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>December 13, 1880</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + The accompanying documents, received from the Commissioner of + Agriculture, are transmitted to the Senate in reply to the resolution + of the 7th instant, relating to contagious diseases of cattle. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 5, 1881</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + I transmit, for the consideration of the Senate with a view to + ratification, a convention between the United States of America + and the Empire of Japan, providing for the reimbursement of certain + specified expenses which may be incurred by either country in + consequence of the shipwreck on its coasts of the vessels of the + other. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>January 5, 1881</i>. +</p> +<p> + <i>To the Senate of the United States:</i> +</p> +<p> + In response to the resolution of the Senate of June 21, 1879, I + herewith transmit reports<a href="#note-42"><small>42</small></a> received from the Secretary of the + Interior and the Secretary of War. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 10, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration of the Senate, two + treaties<a href="#note-43"><small>43</small></a> signed at Peking on the 17th of November, 1880, by + the commissioners plenipotentiary of the United States and China, + respectively, together with a letter of the Secretary of State in + relation thereto, and accompanying papers. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 10, 1881</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I submit herewith, for the information of the House of + Representatives, copies of correspondence with the Department of State + relating to an invitation extended by the French Republic to this + Government to send one or more delegates to represent it at an + international congress of electricians to be held at Paris on the 15th + day of September, 1881. It appears from the same correspondence that + an international exhibition of electricity is to be held at the palace + of the Champs Élysées, in Paris, from August 15, 1881, to the 15th + of November following, and it is therefore suggested by the French + authorities that it might be well to invest the delegates selected to + take part in the international congress with the additional character + of commissioners to the international exhibition of electricity. +</p> +<p> + In view of the important scientific, industrial, and commercial + interests designed to be promoted by the proposed international + congress of electricians and exhibition of electricity, I submit the + subject to your favorable consideration and recommend that a suitable + appropriation be made to enable this Government to accept the + foregoing invitation by appointing one or more delegates to attend the + congress in question. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 18, 1881</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I have the honor to submit herewith the report of the Public + Lands Commission, embracing the history and a codification of the + public-land laws; and I desire earnestly to invite the attention of + Congress to this important subject. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, January 20, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate a letter from the Secretary of + State, with accompanying papers, in relation to the recent effort of + the Government of the United States to bring about peace between Chile + and Peru and, Bolivia. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 1, 1881</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In compliance with the request of a large number of intelligent + and benevolent citizens, and believing that it was warranted by the + extraordinary circumstances of the case, on the 18th day of December, + 1880, I appointed a commission consisting of George Crook and Nelson + A. Miles, brigadier-generals in the Army; William Stickney, of + the District of Columbia, and Walter Allen, of Massachusetts, + and requested them to confer with the Ponca Indians in the Indian + Territory, and, if in their judgment it was advisable, also with that + part of the tribe which remained in Dakota, and "to ascertain the + facts in regard to their removal and present condition so far as was + necessary to determine the question as to what justice and humanity + required should be done by the Government of the United States, and to + report their conclusions and recommendations in the premises." +</p> +<p> + The commission, in pursuance of these instructions, having visited the + Ponca Indians at their homes in the Indian Territory and in Dakota + and made a careful investigation of the subject referred to them, have + reported their conclusions and recommendations, and I now submit their + report, together with the testimony taken, for the consideration of + Congress. A minority report by Mr. Allen is also herewith submitted. +</p> +<p> + On the 27th of December, 1880, a delegation of Ponca chiefs from the + Indian Territory presented to the Executive a declaration of their + wishes, in which they stated that it was their desire "to remain on + the lands now occupied by the Poncas in the Indian Territory" and "to + relinquish all their right and interest in the lands formerly owned + and occupied by the Ponca tribe in the State of Nebraska and the + Territory of Dakota;" and the declaration sets forth the compensation + which they will accept for the lands to be surrendered and for the + injuries done to the tribe by their removal to the Indian Territory. + This declaration, agreeably to the request of the chiefs making it, is + herewith transmitted to Congress. +</p> +<p> + The public attention has frequently been called to the injustice and + wrong which the Ponca tribe of Indians has suffered at the hands of + the Government of the United States. This subject was first brought + before Congress and the country by the Secretary of the Interior in + his annual report for the year 1877, in which he said: +</p> +<p class="q"> + The case of the Poncas seems entitled to especial + consideration at the hands of Congress. They have always been + friendly to the whites. It is said, and, as far as I have been + able to learn, truthfully, that no Ponca ever killed a + white man. The orders of the Government have always met with + obedient compliance at their hands. Their removal from their + old homes on the Missouri River was to them a great hardship. + They had been born and raised there. They had houses there in + which they lived according to their ideas of comfort. Many + of them had engaged in agriculture and possessed cattle and + agricultural implements. They were very reluctant to leave all + this, but when Congress had resolved upon their removal they + finally overcame that reluctance and obeyed. Considering + their constant good conduct, their obedient spirit, and the + sacrifices they have made, they are certainly entitled to + more than ordinary care at the hands of the Government, and I + urgently recommend that liberal provision be made to aid them + in their new settlement. +</p> +<p> + In the same volume the report of E.A. Howard, the agent of the Poncas, + is published, which contains the following: +</p> +<hr> +<p class="q"> + I am of the opinion that the removal of the Poncas from the + northern climate of Dakota to the southern climate of the + Indian Territory at the season of the year it was done will + prove a mistake, and that a great mortality will surely follow + among the people when they shall have been here for a time and + become poisoned with the malaria of the climate. Already the + effects of the climate may be seen upon them in the <i>ennui</i> + that seems to have settled upon each and in the large number + now sick. +</p><p class="q"> + It is a matter of astonishment to me that the Government + should have ordered the removal of the Ponca Indians from + Dakota to the Indian Territory without having first made + some provision for their settlement and comfort. Before their + removal was carried into effect an appropriation should have + been made by Congress sufficient to have located them in their + new home, by building a comfortable house for the occupancy + of every family of the tribe. As the case now is, no + appropriation has been made by Congress, except for a sum but + little more than sufficient to remove them; no houses have + been built for their use, and the result is that these people + have been placed on an uncultivated reservation to live in + their tents as best they may, and await further legislative + action. +</p> +<hr> +<p class="q"> + These Indians claim that the Government had no right to move + them from their reservation without first obtaining from them + by purchase or treaty the title which they had acquired + from the Government, and for which they rendered a valuable + consideration. They claim that the date of the settlement of + their tribe upon the land composing their old reservation is + prehistoric; that they were all born there, and that their + ancestors from generations back beyond their knowledge were + born and lived upon its soil, and that they finally acquired + a complete and perfect title from the Government by a treaty + made with the "Great Father" at Washington, which they claim + made it as legitimately theirs as is the home of the white man + acquired by gift or purchase. +</p> +<hr> +<p> + The subject was again referred to in similar terms in the annual + report of the Interior Department for 1878, in the reports of the + Commissioner of Indian Affairs and of the agent for the Poncas, and in + 1879 the Secretary of the Interior said: +</p> +<p class="q"> + That the Poncas were grievously wronged by their removal from + their location on the Missouri River to the Indian Territory, + their old reservation having, by a mistake in making the Sioux + treaty, been transferred to the Sioux, has been at length and + repeatedly set forth in my reports, as well as those of the + Commissioner of Indian Affairs. All that could be subsequently + done by this Department in the absence of new legislation to + repair that wrong and to indemnify them for their losses + has been done with more than ordinary solicitude. They were + permitted to select a new location for themselves in the + Indian Territory, the Quapaw Reserve, to which they had first + been taken, being objectionable to them. They chose a tract of + country on the Arkansas River and the Salt Fork northwest of + the Pawnee Reserve. I visited their new reservation personally + to satisfy myself of their condition. The lands they now + occupy are among the very best in the Indian Territory in + point of fertility, well watered and well timbered, and + admirably adapted for agriculture as well as stock raising. In + this respect their new reservation is unquestionably superior + to that which they left behind them on the Missouri River. + Seventy houses have been built by and for them, of far better + quality than the miserable huts they formerly occupied in + Dakota, and the construction of a larger number is now in + progress, so that, as the agent reports, every Ponca family + will be comfortably housed before January. A very liberal + allowance of agricultural implements and stock cattle has been + given them, and if they apply themselves to agricultural work + there is no doubt that their condition will soon be far more + prosperous than it has ever been before. During the first + year after their removal to the Indian Territory they lost + a comparatively large number of their people by death, in + consequence of the change of climate, which is greatly to + be deplored; but their sanitary condition is now very much + improved. The death rate among them during the present year + has been very low, and the number of cases of sickness + is constantly decreasing. It is thought that they are now + sufficiently acclimated to be out of danger. +</p> +<hr> +<p> + A committee of the Senate, after a very full investigation of the + subject, on the 31st of May, 1880, reported their conclusions to the + Senate, and both the majority and minority of the committee agreed + that "a great wrong had been done to the Ponca Indians." The majority + of the committee say: +</p> +<hr> +<p class="q"> + Nothing can strengthen the Government in a just policy to the + Indians so much as a demonstration of its willingness to do + ample and complete justice whenever it can be shown that it + has inflicted a wrong upon a weak and trusting tribe. It is + impossible for the United States to hope for any confidence to + be reposed in them by the Indians until there shall be shown + on their part a readiness to do justice. +</p> +<p> + The minority report is equally explicit as to the duty of the + Government to repair the wrong done the Poncas. It says: +</p> +<hr> +<p class="q"> + We should be more prompt and anxious because they are weak + and we are strong. In my judgment we should be liberal to the + verge of lavishness in the expenditure of our money to improve + their condition, so that they and all others may know that, + although, like all nations and all men, we may do wrong, we + are willing to make ample reparation. +</p> +<p> + The report of the commission appointed by me, of which General + Crook was chairman, and the testimony taken by them and their + investigations, add very little to what was already contained in the + official reports of the Secretary of the Interior and the report of + the Senate committee touching the injustice done to the Poncas by + their removal to the Indian Territory. Happily, however, the evidence + reported by the commission and their recommendations point out + conclusively the true measures of redress which the Government of the + United States ought now to adopt. +</p> +<p> + The commission in their conclusions omit to state the important facts + as to the present condition of the Poncas in the Indian Territory, but + the evidence they have reported shows clearly and conclusively + that the Poncas now residing in that Territory, 521 in number, are + satisfied with their new homes; that they are healthy, comfortable, + and contented, and that they have freely and firmly decided to adhere + to the choice announced in their letter of October 25, 1880, and + in the declaration of December 27, 1880, to remain in the Indian + Territory and not to return to Dakota. +</p> +<p> + The evidence reported also shows that the fragment of the Ponca + tribe—perhaps 150 in number—which is still in Dakota and Nebraska + prefer to remain on their old reservation. +</p> +<p> + In view of these facts I am convinced that the recommendations of the + commission, together with the declaration of the chiefs of December + last, if substantially followed, will afford a solution of the Ponca + question which is consistent with the wishes and interests of + both branches of the tribe, with the settled Indian policy of the + Government, and, as nearly as is now practicable, with the demands of + justice. +</p> +<p> + Our general Indian policy for the future should embrace the following + leading ideas: +</p> +<p> + 1. The Indians should be prepared for citizenship by giving to their + young of both sexes that industrial and general education which + is required to enable them to be self-supporting and capable of + self-protection in a civilized community. +</p> +<p> + 2. Lands should be allotted to the Indians in severalty, inalienable + for a certain period. +</p> +<p> + 3. The Indians should have a fair compensation for their lands not + required for individual allotments, the amount to be invested, with + suitable safeguards, for their benefit. +</p> +<p> + 4. With these prerequisites secured, the Indians should be + made citizens and invested with the rights and charged with the + responsibilities of citizenship. +</p> +<p> + It is therefore recommended that legislation be adopted in relation to + the Ponca Indians, authorizing the Secretary of the Interior to secure + to the individual members of the Ponca tribe, in severalty, sufficient + land for their support, inalienable for a term of years and until the + restriction upon alienation may be removed by the President. Ample + time and opportunity should be given to the members of the tribe + freely to choose their allotments either on their old or their new + reservation. +</p> +<p> + Full compensation should be made for the lands to be relinquished, for + their losses by the Sioux depredations and by reason of their removal + to the Indian Territory, the amount not to be less than the sums named + in the declaration of the chiefs made December 27, 1880. +</p> +<p> + In short, nothing should be left undone to show to the Indians that + the Government of the United States regards their rights as equally + sacred with those of its citizens. +</p> +<p> + The time has come when the policy should be to place the Indians as + rapidly as practicable on the same footing with the other permanent + inhabitants of our country. +</p> +<p> + I do not undertake to apportion the blame for the injustice done to + the Poncas. Whether the Executive or Congress or the public is chiefly + in fault is not now a question of practical importance. As the Chief + Executive at the time when the wrong was consummated, I am deeply + sensible that enough of the responsibility for that wrong justly + attaches to me to make it my particular duty and earnest desire to + do all I can to give to these injured people that measure of redress + which is required alike by justice and by humanity. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> +<p> </p> + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 2, 1881</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, for consideration and appropriate action by + Congress, a letter from the Secretary of the Navy, in relation to the + proposed establishment of naval stations of the United States on the + American Isthmus. In this paper the current testimony of prominent + officers of this Government for a long series of years, as to the + feasibility and necessity of establishing such stations and the great + advantage to flow therefrom to the naval and commercial interests + of the United States, is clearly set forth, and the considerations + adduced can not but commend themselves, I am confident, to the careful + attention of Congress. Convinced of the wisdom and propriety of the + suggestions thus presented, I recommend to Congress the appropriation + of the sum named by the Secretary of the Navy, to be at his disposal + at once, for expenditure as soon as suitable arrangements can be made + to the proposed end. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 4, 1881</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit a communication from the Secretary of the Navy, + with reference to the dispatch of a vessel for the relief of the + <i>Jeannette</i> polar expedition, and commend the recommendations of the + Secretary to the prompt and favorable action of Congress. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 14, 1881</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit the final report addressed to me by the + commissioners appointed under the act of Congress approved July 19, + 1876, authorizing the repavement of that part of Pennsylvania avenue + lying between the Treasury Department and the Capitol Grounds. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 17, 1881</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of State, in response to + the resolution addressed to him by the House of Representatives of the + 31st of January ultimo, on the subject of international action for the + restoration of silver to full use as money. +</p> +<p> + The prospect of an early international conference, promising valuable + results in accordance with the interests of this country, is such that + I recommend to the immediate attention of Congress an appropriation + providing for the proper representation of this Government at such + conference. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + WASHINGTON, <i>February 21, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of 15th of June, 1880, + requesting the Secretary of State to report to that body at its next + regular session what changes, if any, of the laws regulating the + management of the Department of State, or of the divisions and the + bureaus thereof, are necessary or would be beneficial in promoting the + efficiency or economy of its administration or management, and also to + make report concerning the mode of keeping the departmental accounts, + the checks and safeguards upon expenditures, and the administrative + or clerical changes for the better which may suggest themselves as + expedient, I transmit herewith a report from the Secretary of State + upon the subjects embraced in that resolution so far as they touch the + Department of State. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 25, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the consideration of the Senate with a view + to advising and consenting to the ratification thereof, a convention + for the extradition of criminals, between the United States of America + and the United States of Colombia, signed at Bogotá on the 3d of + January, 1881. I also transmit certain correspondence touching the + negotiation of said convention. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 25, 1881.</i> +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate, for its consideration with a view + to ratification in due course, a convention supplementary to the + consular convention of May 8, 1878, between the United States of + America and His Majesty the King of Italy, concluded in the city of + Washington on the 24th of February, 1881. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 28, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a copy of proclamation<a href="#note-44"><small>44</small></a> for the convening of an + extra session of the Senate of the United States at the Capitol, in + the city of Washington, on the 4th day of March next, at noon. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>February 28, 1881</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a copy of a letter addressed to the chairman of + the Civil Service Commission on the 3d of December last, requesting + to be furnished with a report upon the result in the post-office + and custom-house in the city of New York of the application of the + civil-service rules requiring open competitive examinations for + appointments and promotions, together with the report of Hon. Dorman + B. Eaton, the chairman of the Commission, in response. +</p> +<p> + The report presents a very gratifying statement of the results of + the application of the rules referred to in the two largest and most + important local offices in the civil service of the Government. The + subject is one of great importance to the people of the whole country. + I would commend the suggestions and recommendation of the chairman of + the Commission to the careful consideration of Congress. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 28, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, in answer to the resolution of the Senate of the + 20th ultimo, a report from the Secretary of State, with accompanying + papers.<a href="#note-45"><small>45</small></a> +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 3, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor to inform the Senate that Hon. Benjamin Harrison, + Senator elect from the State of Indiana, has resigned his office as a + member of the Commission for the Improvement of the Mississippi River, + and the same has been accepted to take effect March 3, 1881. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p> </p> + + +<p class="r"> + EXECUTIVE MANSION, <i>March 3, 1881</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor to inform the Senate that Hon. John Sherman, Senator + elect from the State of Ohio, has resigned the position of Secretary + of the Treasury, and that said resignation has been accepted to take + effect at the close of the present day. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGE. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>March 3, 1881</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + Having considered the bill entitled "An act to facilitate the + refunding of the national debt," I am constrained to return it to the + House of Representatives, in which it originated, with the following + statement of my objections to its passage: +</p> +<p> + The imperative necessity for prompt action and the pressure of public + duties in this closing week of my term of office compel me to refrain + from any attempt to make a full and satisfactory presentation of the + objections to the bill. +</p> +<p> + The importance of the passage at the present session of Congress of a + suitable measure for the refunding of the national debt which is + about to mature is generally recognized. It has been urged upon the + attention of Congress by the Secretary of the Treasury and in my last + annual message. If successfully accomplished, it will secure a large + decrease in the annual interest payment of the nation, and I earnestly + recommend, if the bill before me shall fail, that another measure for + this purpose be adopted before the present Congress adjourns. +</p> +<p> + While, in my opinion, it would be unwise to authorize the Secretary of + the Treasury, in his discretion, to offer to the public bonds bearing + 3-1/2 per cent interest in aid of refunding, I should not deem it my + duty to interpose my constitutional objection to the passage of the + present bill if it did not contain, in its fifth section, provisions + which, in my judgment, seriously impair the value and tend to the + destruction of the present national banking system of the country. + This system has now been in operation almost twenty years. No safer or + more beneficial banking system was ever established. Its advantages + as a business are free to all who have the necessary capital. It + furnishes a currency to the public which for convenience and security + of the bill holder has probably never been equaled by that of any + other banking system. Its notes are secured by the deposit with the + Government of the interest-bearing bonds of the United States. +</p> +<p> + The section of the bill before me which relates to the national + banking system, and to which objection is made, is not an essential + part of a refunding measure. It is as follows: +</p> +<p class="q"> + SEC. 5. From and after the 1st day of July, 1881, the 3 per + cent bonds authorized by the first section of this act shall + be the only bonds receivable as security for national-bank + circulation or as security for the safe-keeping and prompt + payment of the public money deposited with such banks; but + when any such bonds deposited for the purposes aforesaid shall + be designated for purchase or redemption by the Secretary + of the Treasury, the banking association depositing the same + shall have the right to substitute other issues of the bonds + of the United States in lieu thereof: <i>Provided</i>, That no bond + upon which interest has ceased shall be accepted or shall be + continued on deposit as security for circulation or for + the safe-keeping of the public money; and in case bonds so + deposited shall not be withdrawn, as provided by law, within + thirty days after the interest has ceased thereon, the banking + association depositing the same shall be subject to the + liabilities and proceedings on the part of the Comptroller + provided for in section 5234 of the Revised Statutes of the + United States: <i>And provided further</i>, That section 4 of the + act of June 20, 1874, entitled "An act fixing the amount of + United States notes, providing for a redistribution of the + national-bank currency, and for other purposes," be, and the + same is hereby, repealed, and sections 5159 and 5160 of the + Revised Statutes of the United States be, and the same are + hereby, reenacted. +</p> +<p> + Under this section it is obvious that no additional banks will + hereafter be organized, except possibly in a few cities or localities + where the prevailing rates of interest in ordinary business are + extremely low. No new banks can be organized and no increase of the + capital of existing banks can be obtained except by the purchase and + deposit of 3 per cent bonds. No other bonds of the United States can + be used for the purpose. The one thousand millions of other bonds + recently issued by the United States, and bearing a higher rate of + interest than 3 per cent, and therefore a better security for the bill + holder, can not after the 1st of July next be received as security + for bank circulation. This is a radical change in the banking law. It + takes from the banks the right they have heretofore had under the law + to purchase and deposit as security for their circulation any of the + bonds issued by the United States, and deprives the bill holder of the + best security which the banks are able to give by requiring them + to deposit bonds having the least value of any bonds issued by the + Government. +</p> +<p> + The average rate of taxation of capital employed in banking is more + than double the rate of taxation upon capital employed in other + legitimate business. Under these circumstances, to amend the banking + law so as to deprive the banks of the privilege of securing their + notes by the most valuable bonds issued by the Government will, it is + believed, in a large part of the country, be a practical prohibition + of the organization of new banks and prevent the existing banks from + enlarging their capital. The national banking system, if continued at + all, will be a monopoly in the hands of those already engaged in it, + who may purchase the Government bonds bearing a more favorable rate of + interest than the 3 per cent bonds prior to next July. +</p> +<p> + To prevent the further organization of banks is to put in jeopardy the + whole system, by taking from it that feature which makes it, as it + now is, a banking system free upon the same terms to all who wish + to engage in it. Even the existing banks will be in danger of being + driven from business by the additional disadvantages to which they + will be subjected by this bill. In short, I can not but regard + the fifth section of the bill as a step in the direction of the + destruction of the national banking system. +</p> +<p> + Our country, after a long period of business depression, has just + entered upon a career of unexampled prosperity. +</p> +<p> + The withdrawal of the currency from circulation of the national + banks, and the enforced winding up of the banks in consequence, would + inevitably bring serious embarrassment and disaster to the business + of the country. Banks of issue are essential instruments of modern + commerce. If the present efficient and admirable system of banking is + broken down, it will inevitably be followed by a recurrence to other + and inferior methods of banking. Any measure looking to such a result + will be a disturbing element in our financial system. It will destroy + confidence and surely check the growing prosperity of the country. +</p> +<p> + Believing that a measure for refunding the national debt is not + necessarily connected with the national banking law, and that any + refunding act would defeat its own object if it imperiled the national + banking system or seriously impaired its usefulness, and convinced + that section 5 of the bill before me would, if it should become a + law, work great harm, I herewith return the bill to the House of + Representatives for that further consideration which is provided for + in the Constitution. +</p> +<p class="r"> + RUTHERFORD B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas objects of interest to the United States require that the + Senate should be convened at 12 o'clock on the 4th of March next to + receive and act upon such communications as may be made to it on the + part of the Executive: +</p> +<p> + Now, therefore, I, Rutherford B. Hayes, President of the United + States, have considered it to be my duty to issue this my + proclamation, declaring that an extraordinary occasion requires the + Senate of the United States to convene for the transaction of business + at the Capitol, in the city of Washington, on the 4th day of March + next, at 12 o'clock at noon on that day, of which all who shall + at that time be entitled to act as members of that body are hereby + required to take notice. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand and the seal of the United States, at Washington, + the 28th day of February, A.D. 1881, and of the Independence of the + United States of America the one hundred and fifth. +</p> +<p class="r"> + R.B. HAYES. +</p> +<p><br> +By the President:<br> + WM. M. EVARTS,<br> + <i>Secretary of State</i>. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDER. +</h2> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, February 22, 1881</i>. +</p> +<p> + The SECRETARY OF WAR: +</p> +<p> + In view of the well-known fact that the sale of intoxicating liquors + in the Army of the United States is the cause of much demoralization + among both officers and men, and that it gives rise to a large + proportion of the cases before general and garrison courts-martial, + involving great expense and serious injury to the service— +</p> +<p> + <i>It is therefore directed</i>, That the Secretary of War take suitable + steps, as far as practicable consistently with vested rights, to + prevent the sale of intoxicating liquors as a beverage at the camps, + forts, and other posts of the Army. +</p> +<p class="r"> + R.B. HAYES. +</p> + +<div style="height: 4em;"><br><br><br><br></div> + +<hr class="full"> + +<h2> + Footnotes +</h2> + +<a name="note-1"><!--Note--></a> +<p class="foot"> +<u>1</u> Addressed to the heads of the Executive Departments, etc. +</p> +<a name="note-2"><!--Note--></a> +<p class="foot"> +<u>2</u> Addressed to Federal officers generally. +</p> +<a name="note-3"><!--Note--></a> +<p class="foot"> +<u>3</u> See pp. 398-399. +</p> +<a name="note-4"><!--Note--></a> +<p class="foot"> +<u>4</u> Correspondence relative to Mexican border troubles. +</p> +<a name="note-5"><!--Note--></a> +<p class="foot"> +<u>5</u> Correspondence relative to the imposition of a + differential duty of 50 cents per ton upon Spanish vessels entering + ports of the United States. +</p> +<a name="note-6"><!--Note--></a> +<p class="foot"> +<u>6</u> Stating that the information relative to the forcible + rescue of two prisoners from the jail of Starr County, Tex., by an + armed band of Mexicans had been transmitted by the President to the + House of Representatives on the 12th instant. +</p> +<a name="note-7"><!--Note--></a> +<p class="foot"> +<u>7</u> Relating to the indemnity paid by Spain on account of the + execution of General Ryan and others at Santiago de Cuba. +</p> +<a name="note-8"><!--Note--></a> +<p class="foot"> +<u>8</u> Operation of the Union Pacific Railroad and its branches. +</p> +<a name="note-9"><!--Note--></a> +<p class="foot"> +<u>9</u> Relating to the seizure of logs, lumber, and naval stores + suspected or having been taken from the public lands. +</p> +<a name="note-10"><!--Note--></a> +<p class="foot"> +<u>10</u> Relating to payments to the Ute Indians under the fourth + article of the agreement of September 13, 1873, and to the occupancy + of lands ceded by said Indians. +</p> +<a name="note-11"><!--Note--></a> +<p class="foot"> +<u>11</u> Correspondence relative to the Franco-German War. +</p> +<a name="note-12"><!--Note--></a> +<p class="foot"> +<u>12</u> Carpenter's painting of President Lincoln and his Cabinet + at the time of his first reading of the Proclamation of Emancipation. +</p> +<a name="note-13"><!--Note--></a> +<p class="foot"> +<u>13</u> Relating to the survey of lands in the Indian Territory, + etc. +</p> +<a name="note-14"><!--Note--></a> +<p class="foot"> +<u>14</u> Correspondence relative to the appointment of a third + commissioner under the twenty-third article of the treaty with Great + Britain of May 8, 1871, on the question of the fisheries. +</p> +<a name="note-15"><!--Note--></a> +<p class="foot"> +<u>15</u> Correspondence with Spain relative to the seizure of the + steamer <i>Virginius</i>, etc. +</p> +<a name="note-16"><!--Note--></a> +<p class="foot"> +<u>16</u> Relating to the defalcations of William R. Whitaker while + collector of internal revenue for the first district of Louisiana and + while assistant treasurer of the United States at New Orleans. +</p> +<a name="note-17"><!--Note--></a> +<p class="foot"> +<u>17</u> Correspondence relative to the terms and conditions under + which the Cuban insurgents surrendered and to the policy of Spain in + the government of Cuba. +</p> +<a name="note-18"><!--Note--></a> +<p class="foot"> +<u>18</u> Relating to the convention of May 20, 1875, for the + establishment of an international bureau of weights and measures. +</p> +<a name="note-19"><!--Note--></a> +<p class="foot"> +<u>19</u> Correspondence, etc., relative to the selection of M. + Maurice Delfosse as one of the commissioners under the treaty with + Great Britain of May 8, 1871, on the fisheries question. +</p> +<a name="note-20"><!--Note--></a> +<p class="foot"> +<u>20</u> Addressed to the heads of the Executive Departments, etc. +</p> +<a name="note-21"><!--Note--></a> +<p class="foot"> +<u>21</u> Correspondence relative to claims of United States + citizens against Nicaragua. +</p> +<a name="note-22"><!--Note--></a> +<p class="foot"> +<u>22</u> Correspondence relative to the expulsion from the German + Umpire of Julius Baumer, a naturalized citizen of the United States. +</p> +<a name="note-23"><!--Note--></a> +<p class="foot"> +<u>23</u> Correspondence relative to commercial relations with + Mexico. +</p> +<a name="note-24"><!--Note--></a> +<p class="foot"> +<u>24</u> Relating to the claim of John C. Landreau against the + Government of Peru. +</p> +<a name="note-25"><!--Note--></a> +<p class="foot"> +<u>25</u> See pp. 547-548. +</p> +<a name="note-26"><!--Note--></a> +<p class="foot"> +<u>26</u> Relating to lands in the Indian Territory acquired by the + treaties of 1866. +</p> +<a name="note-27"><!--Note--></a> +<p class="foot"> +<u>27</u> See pp. 545-547. +</p> +<a name="note-28"><!--Note--></a> +<p class="foot"> +<u>28</u> "An act to amend 'An act for the relief of Joseph B. + Collins, approved March 3, 1879.'" +</p> +<a name="note-29"><!--Note--></a> +<p class="foot"> +<u>29</u> The positions for which applications may be made in the + several offices are: Collector's and surveyor's office: (1) Inspector, + at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3) + weigher's clerk, at annual salary of $1,200; (4) ganger's clerk, at + annual salary of $1,200; (5) night inspector, at a salary of $2.50 per + day, and clerk, at an annual salary of less than $1,200. +</p> +<p class="foot"> + Naval office: (1) Clerk, at an annual salary of $1,200; (2) clerk, at + an annual salary of less than $1,200. +</p> +<p class="foot"> + Assistant treasurer's office: (1) Clerk, at an annual salary of + $2,000; (2) clerk, at an annual salary of $1,200; (3) clerk, at an + annual salary of less than $1,200. +</p> +<p class="foot"> + Appraiser's office: (1) Examiner, at an annual salary of $1,800; (2) + clerk, verifier, or sampler, at an annual salary of $1,200; (3) clerk, + verifier, or sampler, at an annual salary of less than $1,200; (4) + openers and packers, at a salary of $3 per day. +</p> +<a name="note-30"><!--Note--></a> +<p class="foot"> +<u>30</u> See p. 181. +</p> +<a name="note-31"><!--Note--></a> +<p class="foot"> +<u>31</u> See p. 158. +</p> +<a name="note-32"><!--Note--></a> +<p class="foot"> +<u>32</u> See p. 231. +</p> +<a name="note-33"><!--Note--></a> +<p class="foot"> +<u>33</u> See rule 7, promulgated December 19, 1871, p.158. +</p> +<a name="note-34"><!--Note--></a> +<p class="foot"> +<u>34</u> See p. 181. +</p> +<a name="note-35"><!--Note--></a> +<p class="foot"> +<u>35</u> See rule 9, promulgated December 19, 1871, p. 158. +</p> +<a name="note-36"><!--Note--></a> +<p class="foot"> +<u>36</u> See p. 232. +</p> +<a name="note-37"><!--Note--></a> +<p class="foot"> +<u>37</u> Addressed to the heads of the Executive Departments, + etc. +</p> +<a name="note-38"><!--Note--></a> +<p class="foot"> +<u>38</u> See pp. 549-550. +<a name="note-39"><!--Note--></a> +<p class="foot"> +<u>39</u> Addressed to the heads of the Executive Departments, etc. +</p> +<a name="note-40"><!--Note--></a> +<p class="foot"> +<u>40</u> See pp. 547-548. +</p> +<a name="note-41"><!--Note--></a> +<p class="foot"> +<u>41</u> Addressed to the heads of the Executive Departments, etc. +</p> +<a name="note-42"><!--Note--></a> +<p class="foot"> +<u>42</u> Transmitting statements of the number of soldiers and + civilians killed and wounded, number of Indians killed, value of + property destroyed, and expenses incurred by the United States in + certain Indian wars from 1865 to 1879. +</p> +<a name="note-43"><!--Note--></a> +<p class="foot"> +<u>43</u> (1) Regulation of Chinese immigration into the United + States (2) commercial intercourse and judicial procedure. +</p> +<a name="note-44"><!--Note--></a> +<p class="foot"> +<u>44</u> See pp. 639-640. +</p> +<a name="note-45"><!--Note--></a> +<p class="foot"> +<u>45</u> Correspondence relative to the sending to the United + States by foreign governments of criminals, paupers, and insane + persons. +</p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 13021 ***</div> +</body> +</html> + |