A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
BY JAMES D. RICHARDSON
Rutherford B. Hayes
March 4, 1877, to March 4, 1881
Rutherford B. Hayes
Rutherford B. Hayes was born in Delaware: Ohio, October 4, 1822.
His father had died in July, 1822, leaving his mother in modest
circumstances. He attended the common schools, and began early the
study of Latin and Greek with Judge Sherman Finch, of Delaware.
Prepared for college at an academy at Norwalk, Ohio, and at a school
in Middletown, Conn. In the autumn of 1838 entered Kenyon College,
at Gambier, Ohio. Excelled in logic, mental and moral philosophy,
and mathematics, and also made his mark as a debater in the literary
societies. On his graduation, in August, 1842, was awarded the
valedictory oration, with which he won much praise. Soon afterwards
began the study of law in the office of Thomas Sparrow, at Columbus,
Ohio, and then attended a course of law lectures at Harvard
University, entering the law school August 22, 1843, and finishing his
studies there in January, 1845. As a law student he had the advantage
of friendly intercourse with Judge Story and Professor Greenleaf, and
also attended the lectures of Longfellow on literature and of Agassiz
on natural science, pursuing at the same time the study of French and
German. In May, 1845, was admitted to practice in the courts of Ohio
as an attorney and counselor at law. Established himself first at
Lower Sandusky (now Fremont), where in April, 1846, he formed a law
partnership with Ralph P. Buckland, then a Member of Congress. In the
winter of 1849-50 established himself at Cincinnati. His practice at
first being light, continued his studies in law and literature, and
also became identified with various literary societies, among them
the literary club of Cincinnati, where he met Salmon P. Chase, Thomas
Ewing, Thomas Corwin, Stanley Matthews, Moncure D. Conway, Manning F.
Force, and others of note. December 30, 1852, married Miss Lucy Ware
Webb, daughter of Dr. James Webb, a physician of Chillicothe, Ohio. In
January, 1854, formed a law partnership with H.W. Corwine and William
K. Rogers. In 1856 was nominated for the office of common pleas judge,
but declined. In 1858 was elected city solicitor by the city council
of Cincinnati to fill a vacancy, and in the following year was
elected to the same office at a popular election, but was defeated
for reelection in 1861. After becoming a voter he acted with the Whig
party, voting for Henry Clay in 1844, for General Taylor in 1848, and
for General Scott in 1852. Having from his youth cherished antislavery
feelings, he joined the Republican party as soon as it was organized,
and earnestly advocated the election of Frémont in 1856 and of Lincoln
in 1860. At a great mass meeting held in Cincinnati immediately
after the firing on Fort Sumter was made chairman of a committee on
resolutions. His literary club formed a military company, of which he
was elected captain. June 7, 1861, was appointed by the governor of
Ohio major of the Twenty-third Ohio Volunteers. September 19, 1861,
was appointed by General Rosecrans judge-advocate of the Department
of the Ohio. October 24, 1861, was promoted to the rank of
lieutenant-colonel. In the battle of South Mountain, September 14,
1862, distinguished himself by gallant conduct in leading a charge and
in holding a position at the head of his troops after being severely
wounded in his left arm. October 24, 1862, was appointed colonel
of the Twenty-third Ohio. In July, 1863, while with the army in
southwestern Virginia, caused an expedition of two regiments and a
section of artillery under his command to be dispatched to Ohio for
the purpose of checking the raid of the Confederate general John
Morgan, and aided materially in preventing the raiders from recrossing
the Ohio River and in compelling Morgan to surrender. In the spring
of 1864 commanded a brigade in General Crook's expedition to cut the
principal lines of communication between Richmond and the Southwest.
Distinguished himself by conspicuous bravery at the head of his
brigade in storming a fortified position on the crest of Cloyd
Mountain. Commanded a brigade in the first battle of Winchester. Took
a creditable part in the engagement at Berryville, and at the second
battle of Winchester, September 19, 1864, performed a feat of great
bravery. Leading an assault upon a battery on an eminence, he found in
his way a morass over 50 yards wide. Being at the head of his brigade,
he plunged in first, and, his horse becoming mired at once, he
dismounted and waded across alone under the enemy's fire. Signaled his
men to come over, and when about 40 had joined him he rushed upon the
battery and captured it after a hand-to-hand fight. At Fishers Hill,
September 22, 1864, being then in command of a division, executed a
brilliant flank movement over mountains and through woods, took many
pieces of artillery, and routed the enemy. At the battle of Cedar
Creek, October 19, 1864, his conduct attracted so much attention that
his commander, General Crook, commended him, saying, "Colonel, from
this day you will be a brigadier-general." The commission reached him
a few days afterwards. March 13, 1865, received the rank of brevet
major-general "for gallant and distinguished services during the
campaign of 1864 in West Virginia, and particularly at the battles of
Fishers Hill and Cedar Creek, Virginia." In August, 1864, while in the
field, was nominated for Congress and elected. After the war, returned
to civil life, and took his seat in Congress December 4, 1865. Voted
with his party on questions connected with the reconstruction of the
Southern States; supported a resolution declaring the sacredness of
the public debt and denouncing repudiation, and also one commending
President Johnson for declining to accept presents and condemning the
practice; opposed a resolution favoring an increase of pay of members
of Congress; introduced in a Republican caucus resolutions declaring
that the only mode of obtaining from the States lately in rebellion
irreversible guaranties was by constitutional amendment, and that
an amendment basing representation upon voters instead of population
ought to be acted upon without delay. In August, 1866, was renominated
for Congress by acclamation, and was reelected. Supported the
impeachment of President Johnson. In June, 1867, was nominated for
governor of Ohio, and at the election defeated Judge Allen G. Thurman.
In June, 1869, was again nominated for governor, and at the election
defeated George H. Pendleton. At the expiration of his term as
governor declined to be a candidate for the United States Senate
against John Sherman. In 1872 was again nominated for Congress, but at
the election was defeated. Declined the office of assistant treasurer
of the United States at Cincinnati. In 1873 established his home at
Fremont with the intention of retiring from public life. In 1875 was
again nominated for governor of Ohio, and at the election defeated
William Allen. Was nominated for President of the United States at
the national Republican convention at Cincinnati on June 16, 1876. The
Democrats selected as their candidate Samuel J. Tilden, of New York.
The result of the election became the subject of acrimonious dispute.
Each party charged fraud upon the other, and both parties claimed to
have carried the States of Louisiana, South Carolina, and Florida.
To avoid a deadlock, which might have happened if the canvass of
the electoral votes had been left to the two Houses of Congress
(the Senate having a Republican and the House of Representatives a
Democratic majority), an act, advocated by members of both parties,
was passed to refer all contested cases to a commission composed of
five Senators, five Representatives, and five Justices of the Supreme
Court, the decision of this commission to be final unless set aside
by a concurrent vote of the two Houses of Congress. The commission,
refusing to go behind the certificates of the governors, decided in
each contested case by a vote of 8 to 7 in favor of the Republican
electors, beginning with Florida on February 7, and on March 2 Mr.
Hayes was declared duly elected President of the United States. Was
inaugurated March 5, 1877. At the expiration of his term returned to
his home at Fremont, Ohio. Was the recipient of various distinctions.
The degree of LL.D. was conferred upon him by Kenyon College, Harvard
University, Yale College, and Johns Hopkins University. Was made
senior vice-commander of the Military Order of the Loyal Legion,
commander of the Ohio commandery of the same order, first president
of the Society of the Army of West Virginia, and president of the
Twenty-third Regiment Ohio Volunteers Association. Was president of
the trustees of the John F. Slater education fund; one of the trustees
of the Peabody education fund; president of the National Prison
Reform Association; an active member of the National Conference
of Corrections and Charities; a trustee of the Western Reserve
University, at Cleveland, Ohio, of the Wesleyan University, of
Delaware, Ohio, of Mount Union College, at Alliance, Ohio, and of the
Ohio State University. He died at Fremont, Ohio, January 17, 1893, and
was buried there.
INAUGURAL ADDRESS.
FELLOW-CITIZENS: We have assembled to repeat the public ceremonial,
begun by Washington, observed by all my predecessors, and now a
time-honored custom, which marks the commencement of a new term of
the Presidential office. Called to the duties of this great trust,
I proceed, in compliance with usage, to announce some of the leading
principles, on the subjects that now chiefly engage the public
attention, by which it is my desire to be guided in the discharge of
those duties. I shall not undertake to lay down irrevocably principles
or measures of administration, but rather to speak of the motives
which should animate us, and to suggest certain important ends to
be attained in accordance with our institutions and essential to the
welfare of our country.
At the outset of the discussions which preceded the recent
Presidential election it seemed to me fitting that I should fully make
known my sentiments in regard to several of the important questions
which then appeared to demand the consideration of the country.
Following the example, and in part adopting the language, of one of my
predecessors, I wish now, when every motive for misrepresentation has
passed away, to repeat what was said before the election, trusting
that my countrymen will candidly weigh and understand it, and that
they will feel assured that the sentiments declared in accepting the
nomination for the Presidency will be the standard of my conduct in
the path before me, charged, as I now am, with the grave and difficult
task of carrying them out in the practical administration of the
Government so far as depends, under the Constitution and laws, on the
Chief Executive of the nation.
The permanent pacification of the country upon such principles and
by such measures as will secure the complete protection of all its
citizens in the free enjoyment of all their constitutional rights is
now the one subject in our public affairs which all thoughtful and
patriotic citizens regard as of supreme importance.
Many of the calamitous effects of the tremendous revolution which
has passed over the Southern States still remain. The immeasurable
benefits which will surely follow, sooner or later, the hearty and
generous acceptance of the legitimate results of that revolution have
not yet been realized. Difficult and embarrassing questions meet us
at the threshold of this subject. The people of those States are
still impoverished, and the inestimable blessing of wise, honest,
and peaceful local self-government is not fully enjoyed. Whatever
difference of opinion may exist as to the cause of this condition of
things, the fact is clear that in the progress of events the time has
come when such government is the imperative necessity required by all
the varied interests, public and private, of those States. But it must
not be forgotten that only a local government which recognizes and
maintains inviolate the rights of all is a true self-government.
With respect to the two distinct races whose peculiar relations to
each other have brought upon us the deplorable complications and
perplexities which exist in those States, it must be a government
which guards the interests of both races carefully and equally.
It must be a government which submits loyally and heartily to the
Constitution and the laws--the laws of the nation and the laws of
the States themselves--accepting and obeying faithfully the whole
Constitution as it is.
Resting upon this sure and substantial foundation, the superstructure
of beneficent local governments can be built up, and not otherwise.
In furtherance of such obedience to the letter and the spirit of the
Constitution, and in behalf of all that its attainment implies, all
so-called party interests lose their apparent importance, and party
lines may well be permitted to fade into insignificance. The question
we have to consider for the immediate welfare of those States of the
Union is the question of government or no government; of social order
and all the peaceful industries and the happiness that belong to it,
or a return to barbarism. It is a question in which every citizen of
the nation is deeply interested, and with respect to which we ought
not to be, in a partisan sense, either Republicans or Democrats, but
fellow-citizens and fellow-men, to whom the interests of a common
country and a common humanity are dear.
The sweeping revolution of the entire labor system of a large portion
of our country and the advance of 4,000,000 people from a condition
of servitude to that of citizenship, upon an equal footing with their
former masters, could not occur without presenting problems of the
gravest moment, to be dealt with by the emancipated race, by their
former masters, and by the General Government, the author of the
act of emancipation. That it was a wise, just, and providential
act, fraught with good for all concerned, is now generally conceded
throughout the country. That a moral obligation rests upon the
National Government to employ its constitutional power and influence
to establish the rights of the people it has emancipated, and to
protect them in the enjoyment of those rights when they are infringed
or assailed, is also generally admitted.
The evils which afflict the Southern States can only be removed or
remedied by the united and harmonious efforts of both races, actuated
by motives of mutual sympathy and regard; and while in duty bound and
fully determined to protect the rights of all by every constitutional
means at the disposal of my Administration, I am sincerely anxious to
use every legitimate influence in favor of honest and efficient
local _self_-government as the true resource of those States for the
promotion of the contentment and prosperity of their citizens. In
the effort I shall make to accomplish this purpose I ask the cordial
cooperation of all who cherish an interest in the welfare of the
country, trusting that party ties and the prejudice of race will be
freely surrendered in behalf of the great purpose to be accomplished.
In the important work of restoring the South it is not the political
situation alone that merits attention. The material development
of that section of the country has been arrested by the social and
political revolution through which it has passed, and now needs and
deserves the considerate care of the National Government within the
just limits prescribed by the Constitution and wise public economy.
But at the basis of all prosperity, for that as well as for every
other part of the country, lies the improvement of the intellectual
and moral condition of the people. Universal suffrage should rest
upon universal education. To this end, liberal and permanent
provision should be made for the support of free schools by the State
governments, and, if need be, supplemented by legitimate aid from
national authority.
Let me assure my countrymen of the Southern States that it is my
earnest desire to regard and promote their truest interests--the
interests of the white and of the colored people both and equally--and
to put forth my best efforts in behalf of a civil policy which will
forever wipe out in our political affairs the color line and the
distinction between North and South, to the end that we may have not
merely a united North or a united South, but a united country.
I ask the attention of the public to the paramount necessity of reform
in our civil service--a reform not merely as to certain abuses and
practices of so-called official patronage which have come to have the
sanction of usage in the several Departments of our Government, but
a change in the system of appointment itself; a reform that shall
be thorough, radical, and complete; a return to the principles and
practices of the founders of the Government. They neither expected
nor desired from public officers any partisan service. They meant that
public officers should owe their whole service to the Government and
to the people. They meant that the officer should be secure in his
tenure as long as his personal character remained untarnished and the
performance of his duties satisfactory. They held that appointments to
office were not to be made nor expected merely as rewards for partisan
services, nor merely on the nomination of members of Congress, as
being entitled in any respect to the control of such appointments.
The fact that both the great political parties of the country, in
declaring their principles prior to the election, gave a prominent
place to the subject of reform of our civil service, recognizing and
strongly urging its necessity, in terms almost identical in their
specific import with those I have here employed, must be accepted as
a conclusive argument in behalf of these measures. It must be regarded
as the expression of the united voice and will of the whole country
upon this subject, and both political parties are virtually pledged
to give it their unreserved support.
The President of the United States of necessity owes his election to
office to the suffrage and zealous labors of a political party,
the members of which cherish with ardor and regard as of essential
importance the principles of their party organization; but he should
strive to be always mindful of the fact that he serves his party best
who serves the country best.
In furtherance of the reform we seek, and in other important respects
a change of great importance, I recommend an amendment to the
Constitution prescribing a term of six years for the Presidential
office and forbidding a reelection.
With respect to the financial condition of the country, I shall not
attempt an extended history of the embarrassment and prostration which
we have suffered during the past three years. The depression in all
our varied commercial and manufacturing interests throughout the
country, which began in September, 1873, still continues. It is very
gratifying, however, to be able to say that there are indications all
around us of a coming change to prosperous times.
Upon the currency question, intimately connected, as it is, with this
topic, I may be permitted to repeat here the statement made in my
letter of acceptance, that in my judgment the feeling of uncertainty
inseparable from an irredeemable paper currency, with its fluctuation
of values, is one of the greatest obstacles to a return to prosperous
times. The only safe paper currency is one which rests upon a coin
basis and is at all times and promptly convertible into coin.
I adhere to the views heretofore expressed by me in favor of
Congressional legislation in behalf of an early resumption of specie
payments, and I am satisfied not only that this is wise, but that
the interests, as well as the public sentiment, of the country
imperatively demand it.
Passing from these remarks upon the condition of our own country
to consider our relations with other lands, we are reminded by the
international complications abroad, threatening the peace of Europe,
that our traditional rule of noninterference in the affairs of foreign
nations has proved of great value in past times and ought to be
strictly observed.
The policy inaugurated by my honored predecessor, President Grant, of
submitting to arbitration grave questions in dispute between ourselves
and foreign powers points to a new, and incomparably the best,
instrumentality for the preservation of peace, and will, as I believe,
become a beneficent example of the course to be pursued in similar
emergencies by other nations.
If, unhappily, questions of difference should at any time during the
period of my Administration arise between the United States and any
foreign government, it will certainly be my disposition and my hope to
aid in their settlement in the same peaceful and honorable way, thus
securing to our country the great blessings of peace and mutual good
offices with all the nations of the world.
Fellow-citizens, we have reached the close of a political contest
marked by the excitement which usually attends the contests between
great political parties whose members espouse and advocate with
earnest faith their respective creeds. The circumstances were,
perhaps, in no respect extraordinary save in the closeness and the
consequent uncertainty of the result.
For the first time in the history of the country it has been deemed
best, in view of the peculiar circumstances of the case, that the
objections and questions in dispute with reference to the counting of
the electoral votes should be referred to the decision of a tribunal
appointed for this purpose.
That tribunal--established by law for this sole purpose; its members,
all of them, men of long-established reputation for integrity and
intelligence, and, with the exception of those who are also members of
the supreme judiciary, chosen equally from both political parties; its
deliberations enlightened by the research and the arguments of able
counsel--was entitled to the fullest confidence of the American
people. Its decisions have been patiently waited for, and accepted
as legally conclusive by the general judgment of the public. For the
present, opinion will widely vary as to the wisdom of the several
conclusions announced by that tribunal. This is to be anticipated
in every instance where matters of dispute are made the subject of
arbitration under the forms of law. Human judgment is never unerring,
and is rarely regarded as otherwise than wrong by the unsuccessful
party in the contest.
The fact that two great political parties have in this way settled a
dispute in regard to which good men differ as to the facts and the
law no less than as to the proper course to be pursued in solving the
question in controversy is an occasion for general rejoicing.
Upon one point there is entire unanimity in public sentiment--that
conflicting claims to the Presidency must be amicably and peaceably
adjusted, and that when so adjusted the general acquiescence of the
nation ought surely to follow.
It has been reserved for a government of the people, where the right
of suffrage is universal, to give to the world the first example in
history of a great nation, in the midst of the struggle of opposing
parties for power, hushing its party tumults to yield the issue of
the contest to adjustment according to the forms of law.
Looking for the guidance of that Divine Hand by which the destinies
of nations and individuals are shaped, I call upon you, Senators,
Representatives, judges, fellow-citizens, here and everywhere, to
unite with me in an earnest effort to secure to our country the
blessings, not only of material prosperity, but of justice, peace, and
union--a union depending not upon the constraint of force, but upon
the loving devotion of a free people; "and that all things may be
so ordered and settled upon the best and surest foundations that
peace and happiness, truth and justice, religion and piety, may be
established among us for all generations."
MARCH 5, 1877.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the final adjournment of the Forty-fourth Congress without
making the usual appropriations for the support of the Army for the
fiscal year ending June 30, 1878, presents an extraordinary occasion
requiring the President to exercise the power vested in him by the
Constitution to convene the Houses of Congress in anticipation of the
day fixed by law for their next meeting:
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do, by virtue of the power to this end in me vested by the
Constitution, convene both Houses of Congress to assemble at their
respective chambers at 12 o'clock noon on Monday, the 15th day of
October next, then and there to consider and determine such measures
as in their wisdom their duty and the welfare of the people may seem
to demand.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 5th day of May, A.D. 1877, and of
the Independence of the United States of America the one hundred and
first.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the Constitution of the United States
that the United States shall protect every State in this Union,
on application of the legislature, or of the executive (when the
legislature can not be convened), against domestic violence; and
Whereas the governor of the State of West Virginia has represented
that domestic violence exists in said State at Martinsburg, and at
various other points along the line of the Baltimore and Ohio Railroad
in said State, which the authorities of said State are unable to
suppress; and
Whereas the laws of the United States require that in all cases of
insurrection in any State or of obstruction to the laws thereof,
whenever it may be necessary, in the judgment of the President, he
shall forthwith, by proclamation, command such insurgents to disperse
and retire peaceably to their respective abodes within a limited time:
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States and
all persons within the territory and jurisdiction of the United
States against aiding, countenancing, abetting, or taking part in such
unlawful proceedings; and I do hereby warn all persons engaged in or
connected with said domestic violence and obstruction of the laws to
disperse and retire peaceably to their respective abodes on or before
12 o'clock noon of the 19th day of July instant.
In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 18th day of July, A.D. 1877, and
of the Independence of the United States of America the one hundred
and second.
R.B. HAYES.
By the President:
F.W. SEWARD,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the Constitution of the United States
that the United States shall protect every State in this Union,
on application of the legislature, or of the executive (when the
legislature can not be convened), against domestic violence; and
Whereas the governor of the State of Maryland has represented that
domestic violence exists in said State at Cumberland, and along the
line of the Baltimore and Ohio Railroad in said State, which the
authorities of said State are unable to suppress; and
Whereas the laws of the United States require that in all cases of
insurrection in any State or of obstruction to the laws thereof,
whenever, in the judgment of the President, it becomes necessary to
use the military forces to suppress such insurrection or obstruction
to the laws, he shall forthwith, by proclamation, command such
insurgents to disperse and retire peaceably to their respective abodes
within a limited time:
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States and
all persons within the territory and jurisdiction of the United
States against aiding, countenancing, abetting, or taking part in such
unlawful proceedings; and I do hereby warn all persons engaged in or
connected with said domestic violence and obstruction of the laws to
disperse and retire peaceably to their respective abodes on or before
noon of the 22d day of July instant.
In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington, this 21st day of July, A.D. 1877, and
of the Independence of the United States of America the one hundred
and second.
[SEAL.]
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the Constitution of the United States
that the United States shall protect every State in this Union,
on application of the legislature, or of the executive (when the
legislature can not be convened), against domestic violence; and
Whereas the governor of the State of Pennsylvania has represented that
domestic violence exists in said State which the authorities of said
State are unable to suppress; and
Whereas the laws of the United States require that in all cases of
insurrection in any State or of obstruction to the laws thereof,
whenever, in the judgment of the President, it becomes necessary to
use the military forces to suppress such insurrection or obstruction
to the laws, he shall forthwith, by proclamation, command such
insurgents to disperse and retire peaceably to their respective abodes
within a limited time;
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States and
all persons within the territory and jurisdiction of the United
States against aiding, countenancing, abetting, or taking part in such
unlawful proceedings; and I do hereby warn all persons engaged in or
connected with said domestic violence and obstruction of the laws to
disperse and retire peaceably to their respective abodes on or before
12 o'clock noon of the 24th day of July instant.
In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington, this 23d day of July, A.D. 1877, and
of the Independence of the United States of America the one hundred
and second.
[SEAL.]
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
EXECUTIVE ORDERS.
EXECUTIVE MANSION, _Washington, May 9, 1877_.
SIR:[1] The President directs me to say that the several Departments
of the Government will be closed on Wednesday, the 30th instant, to
enable the employees to participate in the decoration of the graves of
the soldiers who fell during the rebellion.
I am, sir, your obedient servant,
W.K. ROGERS, _Secretary_.
[Footnote 1: Addressed to the heads of the Executive Departments, etc.]
EXECUTIVE MANSION, _Washington, May 26, 1877_.
Hon. JOHN SHERMAN,
_Secretary of the Treasury_.
MY DEAR SIR: I have read the partial report of the commission
appointed to examine the New York custom-house. I concur with the
commission in their recommendations. It is my wish that the collection
of the revenues should be free from partisan control, and organized on
a strictly business basis, with the same guaranties for efficiency and
fidelity in the selection of the chief and subordinate officers that
would be required by a prudent merchant. Party leaders should have
no more influence in appointments than other equally respectable
citizens. No assessments for political purposes on officers or
subordinates should be allowed. No useless officer or employee should
be retained. No officer should be required or permitted to take part
in the management of political organizations, caucuses, conventions,
or election campaigns. Their right to vote and to express their
views on public questions, either orally or through the press, is not
denied, provided it does not interfere with the discharge of their
official duties.
Respectfully,
R.B. HAYES.
EXECUTIVE MANSION, _Washington, June 22, 1877_,
SIR:[2] I desire to call your attention to the following paragraph
in a letter addressed by me to the Secretary of the Treasury on
the conduct to be observed by officers of the General Government in
relation to the elections:
No officer should be required or permitted to take part in the
management of political organizations, caucuses, conventions,
or election campaigns. Their right to vote and to express
their views on public questions, either orally or through the
press, is not denied, provided it does not interfere with
the discharge of their official duties. No assessment for
political purposes on officers or subordinates should be
allowed.
This rule is applicable to every department of the civil service. It
should be understood by every officer of the General Government that
he is expected to conform his conduct to its requirements.
Very respectfully,
R.B. HAYES.
[Footnote 2: Addressed to Federal officers generally.]
EXECUTIVE MANSION, _August 7, 1877_.
By virtue of authority conferred upon the President of the United
States by the provisions of section 2132, Revised Statutes of the
United States, as follows:
The President is authorized, whenever in his opinion the
public interest may require the same, to prohibit the
introduction of goods, or of any particular article, into
the country belonging to any Indian tribe, and to direct
all licenses to trade with such tribe to be revoked and all
applications therefor to be rejected. No trader to any other
tribe shall, so long as such prohibition may continue, trade
with any Indians of or for the tribe against which such
prohibition is issued--
the introduction into the Indian country, for the purpose of sale or
exchange to or with Indians, of any breech-loading firearms, and of
any special ammunition adapted to such arms, and the sale and exchange
to Indians in the Indian country of any such arms or ammunition, is
hereby prohibited; and it is hereby directed that all authority under
any license to trade in such arms or ammunition is hereby revoked.
The introduction into the country or district occupied by any tribe of
hostile Indians, for the purpose of sale or exchange to them, of arms
or ammunition of any description, and the sale or exchange thereof to
or with such Indians, is hereby prohibited; and it is hereby directed
that all license to trade in arms or ammunition of any description
with such tribe be revoked.
By virtue of section 2150, Revised Statutes, as follows:
The military forces of the United States may be employed in
such manner and under such regulations as the President may
direct--
* * * * *
Third. In preventing the introduction of persons and property
into the Indian country contrary to law, which persons and
property shall be proceeded against according to law.
* * * * *
All military commanders are hereby charged with the duty of assisting
in the execution of the above order and of Executive order of November
23, 1876,[3] the provisions of which are extended to include all
Indian country within the Territories of Idaho, Utah, and Washington
and the States of Nevada and Oregon.
R.B. HAYES.
[Footnote 3: See pp. 398-399.]
SPECIAL SESSION MESSAGE.
WASHINGTON, _October 15, 1877._
_Fellow-Citizens of the Senate and House of Representatives_:
The adjournment of the last Congress without making appropriations
for the support of the Army for the present fiscal year has rendered
necessary a suspension of payments to the officers and men of the sums
due them for services rendered after the 30th day of June last.
The Army exists by virtue of statutes which prescribe its numbers,
regulate its organization and employment, and which fix the pay of its
officers and men and declare their right to receive the same at stated
periods. These statutes, however, do not authorize the payment of
the troops in the absence of specific appropriations therefor. The
Constitution has wisely provided that "no money shall be drawn from
the Treasury but in consequence of appropriations made by law;" and
it has also been declared by statute that "no department of the
Government shall expend in any one fiscal year any sum in excess
of appropriations made by Congress for that fiscal year." We have,
therefore, an Army in service, authorized by law and entitled to be
paid, but no funds available for that purpose.
It may also be said, as an additional incentive to prompt action by
Congress, that since the commencement of the fiscal year the Army,
though without pay, has been constantly and actively employed in
arduous and dangerous service, in the performance of which both
officers and men have discharged their duty with fidelity and
courage and without complaint. These circumstances, in my judgment,
constituted an extraordinary occasion requiring that Congress be
convened in advance of the time prescribed by law for your meeting in
regular session. The importance of speedy action upon this subject
on the part of Congress is so manifest that I venture to suggest the
propriety of making the necessary appropriations for the support
of the Army for the current year at its present maximum numerical
strength of 25,000 men, leaving for future consideration all questions
relating to an increase or decrease of the number of enlisted men.
In the event of the reduction of the Army by subsequent legislation
during the fiscal year, the excess of the appropriation could not
be expended; and in the event of its enlargement the additional sum
required for the payment of the extra force could be provided in due
time. It would be unjust to the troops now in service, and whose pay
is already largely in arrears, if payment to them should be further
postponed until after Congress shall have considered all the questions
likely to arise in the effort to fix the proper limit to the strength
of the Army.
Estimates of appropriations for the support of the military
establishment for the fiscal year ending June 30, 1878, were
transmitted to Congress by the former Secretary of the Treasury at the
opening of its session in December last. These estimates, modified by
the present Secretary so as to conform to present requirements, are
now renewed, amounting to $32,436,764.98, and, having been transmitted
to both Houses of Congress, are submitted for your consideration.
There is also required by the Navy Department $2,003,861.24. This sum
is made up of $1,446,688.16 due to officers and enlisted men for the
last quarter of the last fiscal year; $311,953.50 due for advances
made by the fiscal agent of the Government in London for the support
of the foreign service; $50,000 due to the naval-hospital fund;
$150,000 due for arrearages of pay to officers, and $45,219.58 for the
support of the Marine Corps.
There will also be needed an appropriation of $262,535.22 to defray
the unsettled expenses of the United States courts for the fiscal year
ending June 30 last, now due to attorneys, clerks, commissioners, and
marshals, and for rent of court rooms, the support of prisoners, and
other deficiencies.
A part of the building of the Interior Department was destroyed by
fire on the 24th of last month. Some immediate repairs and temporary
structures have in consequence become necessary, estimates for which
will be transmitted to Congress immediately, and an appropriation of
the requisite funds is respectfully recommended.
The Secretary of the Treasury will communicate to Congress, in
connection with the estimates for the appropriations for the support
of the Army for the current fiscal year, estimates for such other
deficiencies in the different branches of the public service as
require immediate action and can not without inconvenience be
postponed until the regular session.
I take this opportunity also to invite your attention to the propriety
of adopting at your present session the necessary legislation
to enable the people of the United States to participate in the
advantages of the International Exhibition of Agriculture, Industry,
and the Fine Arts which is to be held at Paris in 1878, and in which
this Government has been invited by the Government of France to take
part.
This invitation was communicated to this Government in May, 1876,
by the minister of France at this capital, and a copy thereof was
submitted to the proper committees of Congress at its last session,
but no action was taken upon the subject.
The Department of State has received many letters from various parts
of the country expressing a desire to participate in the exhibition,
and numerous applications of a similar nature have also been made at
the United States legation at Paris.
The Department of State has also received official advice of the
strong desire on the part of the French Government that the United
States should participate in this enterprise, and space has hitherto
been and still is reserved in the exhibition buildings for the use of
exhibitors from the United States, to the exclusion of other parties
who have been applicants therefor.
In order that our industries may be properly represented at the
exhibition, an appropriation will be needed for the payment of
salaries and expenses of commissioners, for the transportation of
goods, and for other purposes in connection with the object in view;
and as May next is the time fixed for the opening of the exhibition,
if our citizens are to share the advantages of this international
competition for the trade of other nations the necessity of immediate
action is apparent.
To enable the United States to cooperate in the international
exhibition which was held at Vienna in 1873, Congress then passed a
joint resolution making an appropriation of $200,000 and authorizing
the President to appoint a certain number of practical artisans and
scientific men who should attend the exhibition and report their
proceedings and observations to him. Provision was also made for the
appointment of a number of honorary commissioners.
I have felt that prompt action by Congress in accepting the invitation
of the Government of France is of so much interest to the people of
this country and so suitable to the cordial relations between the
Governments of the two countries that the subject might properly be
presented for attention at your present session.
The Government of Sweden and Norway has addressed an official
invitation to this Government to take part in the International Prison
Congress to be held at Stockholm next year. The problem which the
congress proposes to study--how to diminish crime--is one in which
all civilized nations have an interest in common, and the congress
of Stockholm seems likely to prove the most important convention ever
held for the study of this grave question. Under authority of a joint
resolution of Congress approved February 16, 1875, a commissioner was
appointed by my predecessor to represent the United States upon that
occasion, and the Prison Congress having been, at the earnest desire
of the Swedish Government, postponed to 1878, his commission was
renewed by me. An appropriation of $8,000 was made in the sundry civil
act of 1875 to meet the expenses of the commissioner. I recommend
the reappropriation of that sum for the same purpose, the former
appropriation having been covered into the Treasury and being no
longer available for the purpose without further action by Congress.
The subject is brought to your attention at this time in view of
circumstances which render it highly desirable that the commissioner
should proceed to the discharge of his important duties immediately.
As the several acts of Congress providing for detailed reports from
the different Departments of the Government require their submission
at the beginning of the regular annual session, I defer until that
time any further reference to subjects of public interest.
R.B. HAYES.
SPECIAL MESSAGES.
EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith the report of a board of inquiry
appointed by the Secretary of the Interior to examine into the causes
of the fire which destroyed a part of the Interior Department building
on the 24th of last month.
R.B. HAYES.
EXECUTIVE MANSION, _Washington, D.C., October 17, 1877_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a report of the Secretary of
the Navy, setting forth the particulars with reference to the existing
deficiencies in the Navy Department.
R.B. HAYES.
WASHINGTON, _November 12, 1877_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 1st
instant, I transmit herewith reports from the Secretary of State and
the Secretary of War, with their accompanying papers.[4]
R.B. HAYES.
[Footnote 4: Correspondence relative to Mexican border troubles.]
WASHINGTON, _November 12, 1877_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 5th
instant, I transmit herewith reports from the Secretary of State and
the Secretary of the Treasury, with their accompanying documents.[5]
R.B. HAYES.
[Footnote 5: Correspondence relative to the imposition of a
differential duty of 50 cents per ton upon Spanish vessels entering
ports of the United States.]
EXECUTIVE MANSION, _November 12, 1877_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 16th of
October, 1877, I have the honor to transmit herewith a statement of
the appropriations and expenditures by the Navy Department from the
4th of March, 1789, to June 30, 1876.
A similar statement for the War Department is being prepared as
rapidly as the limited clerical force in the Treasury Department will
permit, and when completed will be transmitted to the Senate.
R.B. HAYES.
EXECUTIVE MANSION, _November 12, 1877_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 30th of
October, 1877, I have the honor to transmit herewith a statement of
the annual appropriations and expenditures for army and navy pensions,
showing also the repayments, the amounts carried to the surplus fund,
and the net expenditures under each appropriation from March 4, 1789,
to June 30, 1876.
R.B. HAYES.
WASHINGTON, _November 14, 1877_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 8th instant, I
transmit herewith a report[6] from the Secretary of State.
R.B. HAYES.
[Footnote 6: Stating that the information relative to the forcible
rescue of two prisoners from the jail of Starr County, Tex., by an
armed band of Mexicans had been transmitted by the President to the
House of Representatives on the 12th instant.]
WASHINGTON, D.C., _November 15, 1887_.
_To the House of Representatives_:
I transmit to the House of Representatives, in answer to its
resolution of the 12th instant, a report[7] from the Secretary of
State.
R.B. HAYES.
[Footnote 7: Relating to the indemnity paid by Spain on account of the
execution of General Ryan and others at Santiago de Cuba.]
WASHINGTON, _November 20, 1877_.
_To the House of Representatives_:
In answer to a joint resolution of the House of Representatives of the
6th instant, requesting the opinions of the heads of the Departments
respecting the obligatory use of the metrical system of weights and
measures, I transmit herewith a report from the Secretary of State.
R.B. HAYES.
WASHINGTON, _November 27, 1877_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a declaration between the United States and the
Government of Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, for the reciprocal protection of the marks of
manufacture and trade in the two countries, signed on the 24th of
October, 1877.
R.B. HAYES.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The completed circle of summer and winter, seedtime and harvest,
has brought us to the accustomed season at which a religious people
celebrates with praise and thanksgiving the enduring mercy of Almighty
God. This devout and public confession of the constant dependence of
man upon the divine favor for all the good gifts of life and health
and peace and happiness, so early in our history made the habit of
our people, finds in the survey of the past year new grounds for its
joyful and grateful manifestation.
In all the blessings which depend upon benignant seasons, this has
indeed been a memorable year. Over the wide territory of our country,
with all its diversity of soil and climate and products, the earth has
yielded a bountiful return to the labor of the husbandman. The
health of the people has been blighted by no prevalent or widespread
diseases. No great disasters of shipwreck upon our coasts or to our
commerce on the seas have brought loss and hardship to merchants or
mariners and clouded the happiness of the community with sympathetic
sorrow.
In all that concerns our strength and peace and greatness as a nation;
in all that touches the permanence and security of our Government and
the beneficent institutions on which it rests; in all that affects
the character and dispositions of our people and tests our capacity
to enjoy and uphold the equal and free condition of society, now
permanent and universal throughout the land, the experience of the
last year is conspicuously marked by the protecting providence of God
and is full of promise and hope for the coming generations.
Under a sense of these infinite obligations to the Great Ruler of
Times and Seasons and Events, let us humbly ascribe it to our own
faults and frailties if in any degree that perfect concord and
happiness, peace and justice, which such great mercies should diffuse
through the hearts and lives of our people do not altogether and
always and everywhere prevail. Let us with one spirit and with one
voice lift up praise and thanksgiving to God for His manifold goodness
to our land, His manifest care for our nation.
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do appoint Thursday, the 29th day of November next, as a day
of national thanksgiving and prayer; and I earnestly recommend that,
withdrawing themselves from secular cares and labors, the people of
the United States do meet together on that day in their respective
places of worship, there to give thanks and praise to Almighty God for
His mercies and to devoutly beseech their continuance.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 29th day of October, A.D.
1877, and of the Independence of the United States the one hundred and
second.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
EXECUTIVE ORDER.
EXECUTIVE MANSION, _Washington, D.C., November 2, 1877_.
I lament the sad occasion which makes it my duty to testify the public
respect for the eminent citizen and distinguished statesman whose
death yesterday at his home in Indianapolis has been made known to the
people by telegraphic announcement.
The services of Oliver P. Morton to the nation in the difficult and
responsible administration of the affairs of the State of Indiana
as its governor at a critical juncture of the civil war can never be
overvalued by his countrymen. His long service in the Senate has shown
his great powers as a legislator and as a leader and chief counselor
of the political party charged with the conduct of the Government
during that period.
In all things and at all times he has been able, strenuous, and
faithful in the public service, and his fame with his countrymen rests
upon secure foundations.
The several Executive Departments will be closed on the day of his
funeral, and appropriate honors should be paid to the memory of the
deceased statesman by the whole nation.
R.B. HAYES.
FIRST ANNUAL MESSAGE.
DECEMBER 3, 1877.
_Fellow-Citizens of the Senate and House of Representatives:_
With devout gratitude to the bountiful Giver of All Good, I
congratulate you that at the beginning of your first regular session
you find our country blessed with health and peace and abundant
harvests, and with encouraging prospects of an early return of general
prosperity.
To complete and make permanent the pacification of the country
continues to be, and until it is fully accomplished must remain, the
most important of all our national interests. The earnest purpose of
good citizens generally to unite their efforts in this endeavor is
evident. It found decided expression in the resolutions announced in
1876 by the national conventions of the leading political parties of
the country. There was a widespread apprehension that the momentous
results in our progress as a nation marked by the recent amendments
to the Constitution were in imminent jeopardy; that the good
understanding which prompted their adoption, in the interest of a
loyal devotion to the general welfare, might prove a barren truce, and
that the two sections of the country, once engaged in civil strife,
might be again almost as widely severed and disunited as they were
when arrayed in arms against each other.
The course to be pursued, which, in my judgment, seemed wisest in
the presence of this emergency, was plainly indicated in my inaugural
address. It pointed to the time, which all our people desire to see,
when a genuine love of our whole country and of all that concerns
its true welfare shall supplant the destructive forces of the mutual
animosity of races and of sectional hostility. Opinions have differed
widely as to the measures best calculated to secure this great end.
This was to be expected. The measures adopted by the Administration
have been subjected to severe and varied criticism. Any course
whatever which might have been entered upon would certainly have
encountered distrust and opposition. These measures were, in my
judgment, such as were most in harmony with the Constitution and
with the genius of our people, and best adapted, under all the
circumstances, to attain the end in view. Beneficent results, already
apparent, prove that these endeavors are not to be regarded as a
mere experiment, and should sustain and encourage us in our efforts.
Already, in the brief period which has elapsed, the immediate
effectiveness, no less than the justice, of the course pursued is
demonstrated, and I have an abiding faith that time will furnish
its ample vindication in the minds of the great majority of my
fellow-citizens. The discontinuance of the use of the Army for the
purpose of upholding local governments in two States of the Union was
no less a constitutional duty and requirement, under the circumstances
existing at the time, than it was a much-needed measure for the
restoration of local self-government and the promotion of national
harmony. The withdrawal of the troops from such employment was
effected deliberately, and with solicitous care for the peace and good
order of society and the protection of the property and persons and
every right of all classes of citizens.
The results that have followed are indeed significant and encouraging.
All apprehension of danger from remitting those States to local
self-government is dispelled, and a most salutary change in the minds
of the people has begun and is in progress in every part of that
section of the country once the theater of unhappy civil strife,
substituting for suspicion, distrust, and aversion, concord,
friendship, and patriotic attachment to the Union. No unprejudiced
mind will deny that the terrible and often fatal collisions which for
several years have been of frequent occurrence and have agitated and
alarmed the public mind have almost entirely ceased, and that a spirit
of mutual forbearance and hearty national interest has succeeded.
There has been a general reestablishment of order and of the orderly
administration of justice. Instances of remaining lawlessness have
become of rare occurrence; political turmoil and turbulence have
disappeared; useful industries have been resumed; public credit in
the Southern States has been greatly strengthened, and the encouraging
benefits of a revival of commerce between the sections of the country
lately embroiled in civil war are fully enjoyed. Such are some of
the results already attained, upon which the country is to be
congratulated. They are of such importance that we may with confidence
patiently await the desired consummation that will surely come with
the natural progress of events.
It may not be improper here to say that it should be our fixed and
unalterable determination to protect by all available and proper means
under the Constitution and the laws the lately emancipated race in
the enjoyment of their rights and privileges; and I urge upon those
to whom heretofore the colored people have sustained the relation of
bondmen the wisdom and justice of humane and liberal local legislation
with respect to their education and general welfare. A firm adherence
to the laws, both national and State, as to the civil and political
rights of the colored people, now advanced to full and equal
citizenship; the immediate repression and sure punishment by the
national and local authorities, within their respective jurisdictions,
of every instance of lawlessness and violence toward them, is required
for the security alike of both races, and is justly demanded by the
public opinion of the country and the age. In this way the restoration
of harmony and good will and the complete protection of every citizen
in the full enjoyment of every constitutional right will surely be
attained. Whatever authority rests with me to this end I shall not
hesitate to put forth.
Whatever belongs to the power of Congress and the jurisdiction of the
courts of the Union, they may confidently be relied upon to provide
and perform; and to the legislatures, the courts, and the executive
authorities of the several States I earnestly appeal to secure, by
adequate, appropriate, and seasonable means, within their borders,
these common and uniform rights of a united people which loves
liberty, abhors oppression, and reveres justice. These objects are
very dear to my heart. I shall continue most earnestly to strive
for their attainment. The cordial cooperation of all classes, of
all sections of the country and of both races, is required for this
purpose; and with these blessings assured, and not otherwise, we
may safely hope to hand down our free institutions of government
unimpaired to the generations that will succeed us.
Among the other subjects of great and general importance to the people
of this country, I can not be mistaken, I think, in regarding as
preeminent the policy and measures which are designed to secure the
restoration of the currency to that normal and healthful condition in
which, by the resumption of specie payments, our internal trade
and foreign commerce may be brought into harmony with the system of
exchanges which is based upon the precious metals as the intrinsic
money of the world. In the public judgment that this end should be
sought and compassed as speedily and securely as the resources of the
people and the wisdom of their Government can accomplish, there is
a much greater degree of unanimity than is found to concur in the
specific measures which will bring the country to this desired end or
the rapidity of the steps by which it can be safely reached.
Upon a most anxious and deliberate examination, which I have felt it
my duty to give to the subject, I am but the more confirmed in
the opinion which I expressed in accepting the nomination for the
Presidency, and again upon my inauguration, that the policy of
resumption should be pursued by every suitable means, and that no
legislation would be wise that should disparage the importance or
retard the attainment of that result. I have no disposition, and
certainly no right, to question the sincerity or the intelligence
of opposing opinions, and would neither conceal nor undervalue the
considerable difficulties, and even occasional distresses, which may
attend the progress of the nation toward this primary condition to its
general and permanent prosperity. I must, however, adhere to my most
earnest conviction that any wavering in purpose or unsteadiness
in methods, so far from avoiding or reducing the inconvenience
inseparable from the transition from an irredeemable to a redeemable
paper currency, would only tend to increased and prolonged disturbance
in values, and unless retrieved must end in serious disorder,
dishonor, and disaster in the financial affairs of the Government and
of the people.
The mischiefs which I apprehend and urgently deprecate are confined
to no class of the people, indeed, but seem to me most certainly to
threaten the industrious masses, whether their occupations are of
skilled or common labor. To them, it seems to me, it is of prime
importance that their labor should be compensated in money which is
itself fixed in exchangeable value by being irrevocably measured by
the labor necessary to its production. This permanent quality of
the money of the people is sought for, and can only be gained by
the resumption of specie payments. The rich, the speculative, the
operating, the money-dealing classes may not always feel the mischiefs
of, or may find casual profits in, a variable currency, but the
misfortunes of such a currency to those who are paid salaries or wages
are inevitable and remediless.
Closely connected with this general subject of the resumption of
specie payments is one of subordinate, but still of grave, importance;
I mean the readjustment of our coinage system by the renewal of
the silver dollar as an element in our specie currency, endowed by
legislation with the quality of legal tender to a greater or less
extent.
As there is no doubt of the power of Congress under the Constitution
"to coin money and regulate the value thereof," and as this power
covers the whole range of authority applicable to the metal, the
rated, value and the legal-tender quality which shall be adopted for
the coinage, the considerations which should induce or discourage a
particular measure connected with the coinage, belong clearly to the
province of legislative discretion and of public expediency. Without
intruding upon this province of legislation in the least, I have
yet thought the subject of such critical importance, in the actual
condition of our affairs, as to present an occasion for the
exercise of the duty imposed by the Constitution on the President of
recommending to the consideration of Congress "such measures as he
shall judge necessary and expedient."
Holding the opinion, as I do, that neither the interests of the
Government nor of the people of the United States would be promoted by
disparaging silver as one of the two precious metals which furnish the
coinage of the world, and that legislation which looks to maintaining
the volume of intrinsic money to as full a measure of both metals as
their relative commercial values will permit would be neither unjust
nor inexpedient, I must ask your indulgence to a brief and definite
statement of certain essential features in any such legislative
measure which I feel it my duty to recommend.
I do not propose to enter the debate, represented on both sides by
such able disputants in Congress and before the people and in the
press, as to the extent to which the legislation of any one nation
can control this question, even within its own borders, against the
unwritten laws of trade or the positive laws of other governments. The
wisdom of Congress in shaping any particular law that may be presented
for my approval may wholly supersede the necessity of my entering into
these considerations, and I willingly avoid either vague or intricate
inquiries. It is only certain plain and practical traits of such
legislation that I desire to recommend to your attention.
In any legislation providing for a silver coinage, regulating its
value, and imparting to it the quality of legal tender, it seems to me
of great importance that Congress should not lose sight of its action
as operating in a twofold capacity and in two distinct directions.
If the United States Government were free from a public debt, its
legislative dealing with the question of silver coinage would be
purely sovereign and governmental, under no restraints but those of
constitutional power and the public good as affected by the proposed
legislation. But in the actual circumstances of the nation, with a
vast public debt distributed very widely among our own citizens and
held in great amounts also abroad, the nature of the silver-coinage
measure, as affecting this relation of the Government to the holders
of the public debt, becomes an element, in any proposed legislation,
of the highest concern. The obligation of the public faith
transcends all questions of profit or public advantage otherwise.
Its unquestionable maintenance is the dictate as well of the highest
expediency as of the most necessary duty, and will ever be carefully
guarded by Congress and people alike.
The public debt of the United States to the amount of $729,000,000
bears interest at the rate of 6 per cent, and $708,000,000 at the rate
of 5 per cent, and the only way in which the country can be relieved
from the payment of these high rates of interest is by advantageously
refunding the indebtedness. Whether the debt is ultimately paid in
gold or in silver coin is of but little moment compared with the
possible reduction of interest one-third by refunding it at such
reduced rate. If the United States had the unquestioned right to pay
its bonds in silver coin, the little benefit from that process would
be greatly overbalanced by the injurious effect of such payment
if made or proposed against the honest convictions of the public
creditors.
All the bonds that have been issued since February 12, 1873, when
gold became the only unlimited legal-tender metallic currency of the
country, are justly payable in gold coin or in coin of equal value.
During the time of these issues the only dollar that could be or was
received by the Government in exchange for bonds was the gold dollar.
To require the public creditors to take in repayment any dollar of
less commercial value would be regarded by them as a repudiation
of the full obligation assumed. The bonds issued prior to 1873 were
issued at a time when the gold dollar was the only coin in circulation
or contemplated by either the Government or the holders of the bonds
as the coin in which they were to be paid. It is far better to
pay these bonds in that coin than to seem to take advantage of the
unforeseen fall in silver bullion to pay in a new issue of silver coin
thus made so much less valuable. The power of the United States
to coin money and to regulate the value thereof ought never to be
exercised for the purpose of enabling the Government to pay its
obligations in a coin of less value than that contemplated by the
parties when the bonds were issued. Any attempt to pay the national
indebtedness in a coinage of less commercial value than the money
of the world would involve a violation of the public faith and work
irreparable injury to the public credit.
It was the great merit of the act of March, 1869, in strengthening
the public credit, that it removed all doubt as to the purpose of the
United States to pay their bonded debt in coin. That act was accepted
as a pledge of public faith. The Government has derived great benefit
from it in the progress thus far made in refunding the public debt at
low rates of interest. An adherence to the wise and just policy of
an exact observance of the public faith will enable the Government
rapidly to reduce the burden of interest on the national debt to an
amount exceeding $20,000,000 per annum, and effect an aggregate saving
to the United States of more than $300,000,000 before the bonds can be
fully paid.
In adapting the new silver coinage to the ordinary uses of currency in
the everyday transactions of life and prescribing the quality of legal
tender to be assigned to it, a consideration of the first importance
should be so to adjust the ratio between the silver and the gold
coinage, which now constitutes our specie currency, as to accomplish
the desired end of maintaining the circulation of the two metallic
currencies and keeping up the volume of the two precious metals as our
intrinsic money. It is a mixed question, for scientific reasoning
and historical experience to determine, how far and by what methods a
practical equilibrium can be maintained which will keep both metals in
circulation in their appropriate spheres of common use.
An absolute equality of commercial value, free from disturbing
fluctuations, is hardly attainable, and without it an unlimited
legal tender for private transactions assigned to both metals would
irresistibly tend to drive out of circulation the dearer coinage and
disappoint the principal object proposed by the legislation in view.
I apprehend, therefore, that the two conditions of a near approach to
equality of commercial value between the gold and silver coinage of
the same denomination and of a limitation of the amounts for which the
silver coinage is to be a legal tender are essential to maintaining
both in circulation. If these conditions can be successfully observed,
the issue from the mint of silver dollars would afford material
assistance to the community in the transition to redeemable paper
money, and would facilitate the resumption of specie payment and its
permanent establishment. Without these conditions I fear that only
mischief and misfortune would flow from a coinage of silver
dollars with the quality of unlimited legal tender, even in private
transactions.
Any expectation of temporary ease from an issue of silver coinage to
pass as a legal tender at a rate materially above its commercial value
is, I am persuaded, a delusion. Nor can I think that there is any
substantial distinction between an original issue of silver dollars
at a nominal value materially above their commercial value and the
restoration of the silver dollar at a rate which once was, but has
ceased to be, its commercial value. Certainly the issue of our gold
coinage, reduced in weight materially below its legal-tender value,
would not be any the less a present debasement of the coinage by
reason of its equaling, or even exceeding, in weight a gold
coinage which at some past time had been commercially equal to the
legal-tender value assigned to the new issue.
In recommending that the regulation of any silver coinage which may be
authorized by Congress should observe these conditions of commercial
value and limited legal tender, I am governed by the feeling that
every possible increase should be given to the volume of metallic
money which can be kept in circulation, and thereby every possible aid
afforded to the people in the process of resuming specie payments. It
is because of my firm conviction that a disregard of these conditions
would frustrate the good results which are desired from the proposed
coinage, and embarrass with new elements of confusion and uncertainty
the business of the country, that I urge upon your attention these
considerations.
I respectfully recommend to Congress that in any legislation providing
for a silver coinage and imparting to it the quality of legal tender
there be impressed upon the measure a firm provision exempting the
public debt heretofore issued and now outstanding from payment, either
of principal or interest, in any coinage of less commercial value than
the present gold coinage of the country.
The organization of the civil service of the country has for a number
of years attracted more and more of the public attention. So general
has become the opinion that the methods of admission to it and
the conditions of remaining in it are unsound that both the great
political parties have agreed in the most explicit declarations of the
necessity of reform and in the most emphatic demands for it. I have
fully believed these declarations and demands to be the expression of
a sincere conviction of the intelligent masses of the people upon the
subject, and that they should be recognized and followed by earnest
and prompt action on the part of the legislative and executive
departments of the Government, in pursuance of the purpose indicated.
Before my accession to office I endeavored to have my own views
distinctly understood, and upon my inauguration my accord with
the public opinion was stated in terms believed to be plain and
unambiguous. My experience in the executive duties has strongly
confirmed the belief in the great advantage the country would find in
observing strictly the plan of the Constitution, which imposes upon
the Executive the sole duty and responsibility of the selection of
those Federal officers who by law are appointed, not elected, and
which in like manner assigns to the Senate the complete right to
advise and consent to or to reject the nominations so made, whilst
the House of Representatives stands as the public censor of the
performance of official duties, with the prerogative of investigation
and prosecution in all cases of dereliction. The blemishes and
imperfections in the civil service may, as I think, be traced in most
cases to a practical confusion of the duties assigned to the several
Departments of the Government. My purpose in this respect has been
to return to the system established by the fundamental law, and to
do this with the heartiest cooperation and most cordial understanding
with the Senate and House of Representatives.
The practical difficulties in the selection of numerous officers for
posts of widely varying responsibilities and duties are acknowledged
to be very great. No system can be expected to secure absolute freedom
from mistakes, and the beginning of any attempted change of custom
is quite likely to be more embarrassed in this respect than any
subsequent period. It is here that the Constitution seems to me to
prove its claim to the great wisdom accorded to it. It gives to
the Executive the assistance of the knowledge and experience of the
Senate, which, when acting upon nominations as to which they may be
disinterested and impartial judges, secures as strong a guaranty of
freedom from errors of importance as is perhaps possible in human
affairs.
In addition to this, I recognize the public advantage of making all
nominations, as nearly as possible, impersonal, in the sense of being
free from mere caprice or favor in the selection; and in those offices
in which special training is of greatly increased value I believe such
a rule as to the tenure of office should obtain as may induce men of
proper qualifications to apply themselves industriously to the task of
becoming proficients. Bearing these things in mind, I have endeavored
to reduce the number of changes in subordinate places usually made
upon the change of the general administration, and shall most heartily
cooperate with Congress in the better systematizing of such methods
and rules of admission to the public service and of promotion within
it as may promise to be most successful in making thorough competency,
efficiency, and character the decisive tests in these matters.
I ask the renewed attention of Congress to what has already been done
by the Civil Service Commission, appointed, in pursuance of an act
of Congress, by my predecessor, to prepare and revise civil-service
rules. In regard to much of the departmental service, especially at
Washington, it may be difficult to organize a better system than
that which has thus been provided, and it is now being used to a
considerable extent under my direction. The Commission has still a
legal existence, although for several years no appropriation has been
made for defraying its expenses. Believing that this Commission
has rendered valuable service and will be a most useful agency in
improving the administration of the civil service, I respectfully
recommend that a suitable appropriation, to be immediately available,
be made to enable it to continue its labors.
It is my purpose to transmit to Congress as early as practicable a
report by the chairman of the Commission, and to ask your attention
to such measures on this subject as in my opinion will further promote
the improvement of the civil service.
During the past year the United States have continued to maintain
peaceful relations with foreign powers.
The outbreak of war between Russia and Turkey, though at one time
attended by grave apprehension as to its effect upon other European
nations, has had no tendency to disturb the amicable relations
existing between the United States and each of the two contending
powers. An attitude of just and impartial neutrality has been
preserved, and I am gratified to state that in the midst of their
hostilities both the Russian and the Turkish Governments have shown an
earnest disposition to adhere to the obligations of all treaties with
the United States and to give due regard to the rights of American
citizens.
By the terms of the treaty defining the rights, immunities, and
privileges of consuls, between Italy and the United States, ratified
in 1868, either Government may, after the lapse of ten years,
terminate the existence of the treaty by giving twelve months' notice
of its intention. The Government of Italy, availing itself of this
faculty, has now given the required notice, and the treaty will
accordingly end on the 17th of September, 1878. It is understood,
however, that the Italian Government wishes to renew it in its general
scope, desiring only certain modifications in some of its articles.
In this disposition I concur, and shall hope that no serious obstacles
may intervene to prevent or delay the negotiation of a satisfactory
treaty.
Numerous questions in regard to passports, naturalization, and
exemption from military service have continued to arise in cases of
emigrants from Germany who have returned to their native country. The
provisions of the treaty of February 22, 1868, however, have proved to
be so ample and so judicious that the legation of the United States at
Berlin has been able to adjust all claims arising under it, not only
without detriment to the amicable relations existing between the two
Governments, but, it is believed, without injury or injustice to any
duly naturalized American citizen. It is desirable that the treaty
originally made with the North German Union in 1868 should now be
extended so as to apply equally to all the States of the Empire of
Germany.
The invitation of the Government of France to participate in the
Exposition of the Products of Agriculture, Industry, and the Fine
Arts to be held at Paris during the coming year was submitted for
your consideration at the extra session. It is not doubted that its
acceptance by the United States, and a well-selected exhibition of the
products of American industry on that occasion, will tend to stimulate
international commerce and emigration, as well as to promote the
traditional friendship between the two countries.
A question arose some time since as to the proper meaning of the
extradition articles of the treaty of 1842 between the United States
and Great Britain. Both Governments, however, are now in accord in
the belief that the question is not one that should be allowed to
frustrate the ends of justice or to disturb the friendship between
the two nations. No serious difficulty has arisen in accomplishing
the extradition of criminals when necessary. It is probable that all
points of disagreement will in due time be settled, and, if need be,
more explicit declarations be made in a new treaty.
The Fishery Commission under Articles XVIII to XXV of the treaty of
Washington has concluded its session at Halifax. The result of the
deliberations of the commission, as made public by the commissioners,
will be communicated to Congress.
A treaty for the protection of trade-marks has been negotiated
with Great Britain, which has been submitted to the Senate for its
consideration.
The revolution which recently occurred in Mexico was followed by the
accession of the successful party to power and the installation of its
chief, General Porfirio Diaz, in the Presidential office. It has been
the custom of the United States, when such changes of government have
heretofore occurred in Mexico, to recognize and enter into official
relations with the _de facto_ government as soon as it should appear
to have the approval of the Mexican people and should manifest a
disposition to adhere to the obligations of treaties and international
friendship. In the present case such official recognition has been
deferred by the occurrences on the Rio Grande border, the records
of which have been already communicated to each House of Congress in
answer to their respective resolutions of inquiry. Assurances
have been received that the authorities at the seat of the Mexican
Government have both the disposition and the power to prevent and
punish such unlawful invasions and depredations. It is earnestly to be
hoped that events may prove these assurances to be well founded. The
best interests of both countries require the maintenance of peace upon
the border and the development of commerce between the two Republics.
It is gratifying to add that this temporary interruption of official
relations has not prevented due attention by the representatives of
the United States in Mexico to the protection of American citizens, so
far as practicable; nor has it interfered with the prompt payment of
the amounts due from Mexico to the United States under the treaty of
July 4, 1868, and the awards of the joint commission. While I do not
anticipate an interruption of friendly relations with Mexico, yet I
can not but look with some solicitude upon a continuance of border
disorders as exposing the two countries to initiations of popular
feeling and mischances of action which are naturally unfavorable to
complete amity. Firmly determined that nothing shall be wanting on my
part to promote a good understanding between the two nations, I yet
must ask the attention of Congress to the actual occurrences on the
border, that the lives and property of our citizens may be adequately
protected and peace preserved.
Another year has passed without bringing to a close the protracted
contest between the Spanish Government and the insurrection in the
island of Cuba. While the United States have sedulously abstained from
any intervention in this contest, it is impossible not to feel that
it is attended with incidents affecting the rights and interests of
American citizens. Apart from the effect of the hostilities upon
trade between the United States and Cuba, their progress is inevitably
accompanied by complaints, having more or less foundation, of
searches, arrests, embargoes, and oppressive taxes upon the property
of American residents, and of unprovoked interference with American
vessels and commerce. It is due to the Government of Spain to say that
during the past year it has promptly disavowed and offered reparation
for any unauthorized acts of unduly zealous subordinates whenever
such acts have been brought to its attention. Nevertheless, such
occurrences can not but tend to excite feelings of annoyance,
suspicion, and resentment, which are greatly to be deprecated, between
the respective subjects and citizens of two friendly powers.
Much delay (consequent upon accusations of fraud in some of the
awards) has occurred in respect to the distribution of the limited
amounts received from Venezuela under the treaty of April 25, 1866,
applicable to the awards of the joint commission created by that
treaty. So long as these matters are pending in Congress the Executive
can not assume either to pass upon the questions presented or to
distribute the fund received. It is eminently desirable that definite
legislative action should be taken, either affirming the awards to be
final or providing some method for reexamination of the claims. Our
relations with the Republics of Central and South America and with the
Empire of Brazil have continued without serious change, further than
the temporary interruption of diplomatic intercourse with Venezuela
and with Guatemala. Amicable relations have already been fully
restored with Venezuela, and it is not doubted that all grounds of
misunderstanding with Guatemala will speedily be removed. From all
these countries there are favorable indications of a disposition on
the part of their Governments and people to reciprocate our efforts in
the direction of increased commercial intercourse.
The Government of the Samoan Islands has sent an envoy, in the person
of its secretary of state, to invite the Government of the United
States to recognize and protect their independence, to establish
commercial relations with their people, and to assist them in their
steps toward regulated and responsible government. The inhabitants
of these islands, having made considerable progress in Christian
civilization and the development of trade, are doubtful of their
ability to maintain peace and independence without the aid of some
stronger power. The subject is deemed worthy of respectful attention,
and the claims upon our assistance by this distant community will be
carefully considered.
The long commercial depression in the United States has directed
attention to the subject of the possible increase of our foreign trade
and the methods for its development, not only with Europe, but with
other countries, and especially with the States and sovereignties of
the Western Hemisphere. Instructions from the Department of State
were issued to the various diplomatic and consular officers of the
Government, asking them to devote attention to the question of methods
by which trade between the respective countries of their official
residence and the United States could be most judiciously fostered.
In obedience to these instructions, examinations and reports upon this
subject have been made by many of these officers and transmitted to
the Department, and the same are submitted to the consideration of
Congress.
The annual report of the Secretary of the Treasury on the state of the
finances presents important questions for the action of Congress, upon
some of which I have already remarked.
The revenues of the Government during the fiscal year ending June 30,
1877, were $269,000,586.62; the total expenditures for the same period
were $238,660,008.93, leaving a surplus revenue of $30,340,577.69.
This has substantially supplied the requirements of the sinking fund
for that year. The estimated revenues of the current fiscal year are
$265,500,000, and the estimated expenditures for the same period are
$232,430,643.72. If these estimates prove to be correct, there will be
a surplus revenue of $33,069,356.28--an amount nearly sufficient for
the sinking fund for that year. The estimated revenues for the next
fiscal year are $269,250,000. It appears from the report that during
the last fiscal year the revenues of the Government, compared with the
previous year, have largely decreased. This decrease, amounting to the
sum of $18,481,452.54, was mainly in customs duties, caused partly
by a large falling off of the amount of imported dutiable goods and
partly by the general fall of prices in the markets of production of
such articles as pay _ad valorem_ taxes.
While this is felt injuriously in the diminution of the revenue, it
has been accompanied with a very large increase of exportations. The
total exports during the last fiscal year, including coin, have
been $658,637,457, and the imports have been $492,097,540, leaving a
balance of trade in favor of the United States amounting to the sum of
$166,539,917, the beneficial effects of which extend to all branches
of business.
The estimated revenue for the next fiscal year will impose upon
Congress the duty of strictly limiting appropriations, including the
requisite sum for the maintenance of the sinking fund, within the
aggregate estimated receipts.
While the aggregate of taxes should not be increased, amendments
might be made to the revenue laws that would, without diminishing the
revenue, relieve the people from unnecessary burdens. A tax on tea and
coffee is shown by the experience not only of our own country, but
of other countries, to be easily collected, without loss by
undervaluation or fraud, and largely borne in the country of
production. A tax of 10 cents a pound on tea and 2 cents a pound on
coffee would produce a revenue exceeding $12,000,000, and thus enable
Congress to repeal a multitude of annoying taxes yielding a revenue
not exceeding that sum. The internal-revenue system grew out of the
necessities of the war, and most of the legislation imposing taxes
upon domestic products under this system has been repealed. By the
substitution of a tax on tea and coffee all forms of internal taxation
may be repealed, except that on whisky, spirits, tobacco, and beer.
Attention is also called to the necessity of enacting more vigorous
laws for the protection of the revenue and for the punishment of
frauds and smuggling. This can best be done by judicious provisions
that will induce the disclosure of attempted fraud by undervaluation
and smuggling. All revenue laws should be simple in their provisions
and easily understood. So far as practicable, the rates of taxation
should be in the form of specific duties, and not _ad valorem_,
requiring the judgment of experienced men to ascertain values and
exposing the revenue to the temptation of fraud.
My attention has been called during the recess of Congress to abuses
existing in the collection of the customs, and strenuous efforts
have been made for their correction by Executive orders. The
recommendations submitted to the Secretary of the Treasury by a
commission appointed to examine into the collection of customs duties
at the port of New York contain many suggestions for the modification
of the customs laws, to which the attention of Congress is invited.
It is matter of congratulation that notwithstanding the severe
burdens caused by the war the public faith with all creditors has been
preserved, and that as the result of this policy the public credit has
continuously advanced and our public securities are regarded with the
highest favor in the markets of the world. I trust that no act of the
Government will cast a shadow upon its credit.
The progress of refunding the public debt has been rapid and
satisfactory. Under the contract existing when I entered upon the
discharge of the duties of my office, bonds bearing interest at the
rate of 4-1/2 per cent were being rapidly sold, and within three
months the aggregate sales of these bonds had reached the sum of
$200,000,000. With my sanction the Secretary of the Treasury entered
into a new contract for the sale of 4 per cent bonds, and within
thirty days after the popular subscription for such bonds was opened
subscriptions were had amounting to $75,496,550, which were paid for
within ninety days after the date of subscription. By this process,
within but little more than one year, the annual interest on the
public debt was reduced in the sum of $3,775,000.
I recommended that suitable provision be made to enable the people to
easily convert their savings into Government securities, as the best
mode in which small savings may be well secured and yield a moderate
interest. It is an object of public policy to retain among our own
people the securities of the United States. In this way our country is
guarded against their sudden return from foreign countries, caused by
war or other disturbances beyond our limits.
The commerce of the United States with foreign nations, and especially
the export of domestic productions, has of late years largely
increased; but the greater portion of this trade is conducted in
foreign vessels. The importance of enlarging our foreign trade, and
especially by direct and speedy interchange with countries on this
continent, can not be overestimated; and it is a matter of great
moment that our own shipping interest should receive, to the utmost
practical extent, the benefit of our commerce with other lands. These
considerations are forcibly urged by all the large commercial cities
of the country, and public attention is generally and wisely attracted
to the solution of the problems they present. It is not doubted that
Congress will take them up in the broadest spirit of liberality
and respond to the public demand by practical legislation upon this
important subject.
The report of the Secretary of War shows that the Army has been
actively employed during the year, and has rendered very important
service in suppressing hostilities in the Indian country and in
preserving peace and protecting life and property in the interior as
well as along the Mexican border. A long and arduous campaign has been
prosecuted, with final complete success, against a portion of the Nez
Percé tribe of Indians. A full account of this campaign will be found
in the report of the General of the Army. It will be seen that in
its course several severe battles were fought, in which a number of
gallant officers and men lost their lives. I join with the Secretary
of War and the General of the Army in awarding to the officers and men
employed in the long and toilsome pursuit and in the final capture of
these Indians the honor and praise which are so justly their due.
The very serious riots which occurred in several of the States in July
last rendered necessary the employment of a considerable portion of
the Army to preserve the peace and maintain order. In the States of
West Virginia, Maryland, Pennsylvania, and Illinois these disturbances
were so formidable as to defy the local and State authorities, and
the National Executive was called upon, in the mode provided by the
Constitution and laws, to furnish military aid. I am gratified to be
able to state that the troops sent in response to these calls for aid
in the suppression of domestic violence were able, by the influence
of their presence in the disturbed regions, to preserve the peace
and restore order without the use of force. In the discharge of this
delicate and important duty both officers and men acted with great
prudence and courage, and for their services deserve the thanks of the
country.
Disturbances along the Rio Grande in Texas, to which I have already
referred, have rendered necessary the constant employment of a
military force in that vicinity. A full report of all recent military
operations in that quarter has been transmitted to the House of
Representatives in answer to a resolution of that body, and it will
therefore not be necessary to enter into details. I regret to say that
these lawless incursions into our territory by armed bands from the
Mexican side of the line, for the purpose of robbery, have been of
frequent occurrence, and in spite of the most vigilant efforts of
the commander of our forces the marauders have generally succeeded in
escaping into Mexico with their plunder. In May last I gave orders for
the exercise of the utmost vigilance on the part of our troops for the
suppression of these raids and the punishment of the guilty parties,
as well as the recapture of property stolen by them. General Ord,
commanding in Texas, was directed to invite the cooperation of the
Mexican authorities in efforts to this end, and to assure them that I
was anxious to avoid giving the least offense to Mexico. At the same
time, he was directed to give notice of my determination to put an
end to the invasion of our territory by lawless bands intent upon the
plunder of our peaceful citizens, even if the effectual punishment of
the outlaws should make the crossing of the border by our troops in
their pursuit necessary. It is believed that this policy has had
the effect to check somewhat these depredations, and that with
a considerable increase of our force upon that frontier and the
establishment of several additional military posts along the Rio
Grande, so as more effectually to guard that extensive border, peace
may be preserved and the lives and property of our citizens in Texas
fully protected.
Prior to the 1st day of July last the Army was, in accordance with
law, reduced to the maximum of 25,000 enlisted men, being a reduction
of 2,500 below the force previously authorized. This reduction was
made, as required by law, entirely from the infantry and artillery
branches of the service, without any reduction of the cavalry. Under
the law as it now stands it is necessary that the cavalry regiments
be recruited to 100 men in each company for service on the Mexican
and Indian frontiers. The necessary effect of this legislation is to
reduce the infantry and artillery arms of the service below the number
required for efficiency, and I concur with the Secretary of War in
recommending that authority be given to recruit all companies of
infantry to at least 50 men and all batteries of artillery to at least
75 men, with the power, in case of emergency, to increase the former
to 100 and the latter to 122 men each.
I invite your special attention to the following recommendations of
the Secretary of War:
First. That provision be made for supplying to the Army a more
abundant and better supply of reading matter.
Second. That early action be taken by Congress looking to a complete
revision and republication of the Army Regulations.
Third. That section 1258 of the Revised Statutes, limiting the number
of officers on the retired list, be repealed.
Fourth. That the claims arising under the act of July 4, 1864, for
supplies taken by the Army during the war, be taken from the offices
of the Quartermaster and Commissary Generals and transferred to the
Southern Claims Commission, or some other tribunal having more time
and better facilities for their prompt investigation and decision than
are possessed by these officers.
Fifth. That Congress provide for an annuity fund for the families
of deceased soldiers, as recommended by the Paymaster-General of the
Army.
The report of the Secretary of the Navy shows that we have six
squadrons now engaged in the protection of our foreign commerce
and other duties pertaining to the naval service. The condition and
operations of the Department are also shown. The total expenditures
for the fiscal year ending June 30, 1877, were $16,077,974.54. There
are unpaid claims against the Department chargeable to the last year,
which are presented to the consideration of Congress by the report of
the Secretary. The estimates for the fiscal year commencing July 1,
1878, are $16,233,234.40, exclusive of the sum of $2,314,231
submitted for new buildings, repairs, and improvements at the several
navy-yards. The appropriations for the present fiscal year, commencing
July 1, 1877, are $13,592,932.90. The amount drawn from the Treasury
from July 1 to November 1, 1877, is $5,343,037.40, of which there is
estimated to be yet available $1,029,528.30, showing the amount of
actual expenditure during the first four months of the present fiscal
year to have been $4,313,509.10.
The report of the Postmaster-General contains a full and clear
statement of the operations and condition of the Post-Office
Department. The ordinary revenues of the Department for the fiscal
year ending June 30, 1877, including receipts from the money-order
business and from official stamps and stamped envelopes, amounted
to the sum of $27,531,585.26. The additional sum of $7,013,000 was
realized from appropriations from the general Treasury for various
purposes, making the receipts from all sources $34,544,885.26. The
total expenditures during the fiscal year amounted to $33,486,322.44,
leaving an excess of total receipts over total expenditures of
$1,058,562.82, and an excess of total expenditures over ordinary
receipts of $5,954,737.18. Deducting from the total receipts the
sum of $63,261.84, received from international money orders of the
preceding fiscal year, and deducting from the total expenditures the
sum of $1,163,818.20, paid on liabilities incurred in previous fiscal
years, the expenditures and receipts appertaining to the business of
the last fiscal year were as follows:
Expenditures $32,322,504.24
Receipts (ordinary, from money-order business
and from official postage stamps) 27,468,323.42
_____________
Excess of expenditures 4,854,180.82
The ordinary revenues of the Post-Office Department for the year
ending June 30, 1879, are estimated at an increase of 3 per cent over
those of 1877, making $29,034,098.28, and the expenditures for
the same year are estimated at $36,427,771, leaving an estimated
deficiency for the year 1879 of $7,393,672.72. The additional
legislation recommended by the Postmaster-General for improvements of
the mail service and to protect the postal revenues from the abuses
practiced under existing laws is respectfully commended to the careful
consideration of Congress.
The report of the Attorney-General contains several suggestions as to
the administration of justice, to which I invite your attention.
The pressure of business in the Supreme Court and in certain circuit
courts of the United States is now such that serious delays, to the
great injury, and even oppression, of suitors, occur, and a remedy
should be sought for this condition of affairs. Whether it will be
found in the plan briefly sketched in the report, of increasing the
number of judges of the circuit courts, and, by means of this addition
to the judicial force, of creating an intermediate court of errors and
appeals, or whether some other mode can be devised for obviating the
difficulties which now exist, I leave to your mature consideration.
The present condition of the Indian tribes in the territory of the
United States and our relations with them are fully set forth in
the reports of the Secretary of the Interior and the Commissioner
of Indian Affairs. After a series of most deplorable conflicts--the
successful termination of which, while reflecting honor upon the
brave soldiers who accomplished it, can not lessen our regret at their
occurrence--we are now at peace with all the Indian tribes within our
borders. To preserve that peace by a just and humane policy will be
the object of my earnest endeavors. Whatever may be said of their
character and savage propensities, of the difficulties of introducing
among them the habits of civilized life, and of the obstacles they
have offered to the progress of settlement and enterprise in certain
parts of the country, the Indians are certainly entitled to our
sympathy and to a conscientious respect on our part for their claims
upon our sense of justice. They were the aboriginal occupants of the
land we now possess. They have been driven from place to place. The
purchase money paid to them in some cases for what they called their
own has still left them poor. In many instances, when they had settled
down upon land assigned to them by compact and begun to support
themselves by their own labor, they were rudely jostled off and thrust
into the wilderness again. Many, if not most, of our Indian wars have
had their origin in broken promises and acts of injustice upon our
part, and the advance of the Indians in civilization has been slow
because the treatment they received did not permit it to be faster
and more general. We can not expect them to improve and to follow our
guidance unless we keep faith with them in respecting the rights they
possess, and unless, instead of depriving them of their opportunities,
we lend them a helping hand.
I cordially approve the policy regarding the management of Indian
affairs outlined in the reports of the Secretary of the Interior and
of the Commissioner of Indian Affairs. The faithful performance of
our promises is the first condition of a good understanding with the
Indians. I can not too urgently recommend to Congress that prompt and
liberal provision be made for the conscientious fulfillment of all
engagements entered into by the Government with the Indian tribes.
To withhold the means necessary for the performance of a promise
is always false economy, and is apt to prove disastrous in its
consequences. Especial care is recommended to provide for Indians
settled on their reservations cattle and agricultural implements, to
aid them in whatever efforts they may make to support themselves, and
by the establishment and maintenance of schools to bring them under
the control of civilized influences. I see no reason why Indians who
can give satisfactory proof of having by their own labor supported
their families for a number of years, and who are willing to detach
themselves from their tribal relations, should not be admitted to the
benefit of the homestead act and the privileges of citizenship, and
I recommend the passage of a law to that effect. It will be an act
of justice as well as a measure of encouragement. Earnest efforts
are being made to purify the Indian service, so that every dollar
appropriated by Congress shall redound to the benefit of the Indians,
as intended. Those efforts will have my firm support. With an improved
service and every possible encouragement held out to the Indians
to better their condition and to elevate themselves in the scale of
civilization, we may hope to accomplish at the same time a good work
for them and for ourselves.
I invite the attention of Congress to the importance of the statements
and suggestions made by the Secretary of the Interior concerning the
depredations committed on the timber lands of the United States and
the necessity for the preservation of forests. It is believed that
the measures taken in pursuance of existing laws to arrest those
depredations will be entirely successful if Congress, by an
appropriation for that purpose, renders their continued enforcement
possible. The experience of other nations teaches us that a country
can not be stripped of its forests with impunity, and we shall
expose ourselves to the gravest consequences unless the wasteful
and improvident manner in which the forests in the United States
are destroyed be effectually checked. I earnestly recommend that
the measures suggested by the Secretary of the Interior for the
suppression of depredations on the public timber lands of the United
States, for the selling of timber from the public lands, and for the
preservation of forests be embodied in a law, and that, considering
the urgent necessity of enabling the people of certain States and
Territories to purchase timber from the public lands in a legal
manner, which at present they can not do, such a law be passed without
unavoidable delay. I would also call the attention of Congress to
the statements made by the Secretary of the Interior concerning the
disposition that might be made of the desert lands, not irrigable,
west of the one hundredth meridian. These lands are practically
unsalable under existing laws, and the suggestion is worthy of
consideration that a system of leasehold tenure would make them
a source of profit to the United States, while at the same time
legalizing the business of cattle raising which is at present carried
on upon them.
The report of the Commissioner of Agriculture contains the gratifying
announcement of the extraordinary success which has rewarded the
agricultural industry of the country for the past year. With the fair
prices which obtain for the products of the soil, especially for the
surplus which our people have to export, we may confidently turn to
this as the most important of all our resources for the revival of the
depressed industries of the country. The report shows our agricultural
progress during the year, and contains a statement of the work done
by this Department for the advancement of agricultural industry, upon
which the prosperity of our people so largely depends. Matters of
information are included of great interest to all who seek, by the
experience of others, to improve their own methods of cultivation.
The efforts of the Department to increase the production of important
articles of consumption will, it is hoped, improve the demand for
labor and advance the business of the country, and eventually result
in saving some of the many millions that are now annually paid to
foreign nations for sugar and other staple products which habitual use
has made necessary in our domestic everyday life.
The board on behalf of the United States Executive Departments at the
International Exhibition of 1876 has concluded its labors. The final
report of the board was transmitted to Congress by the President
near the close of the last session. As these papers are understood to
contain interesting and valuable information, and will constitute
the only report emanating from the Government on the subject of the
exhibition, I invite attention to the matter and recommend that the
report be published for general information.
Congress is empowered by the Constitution with the authority of
exclusive legislation over the District of Columbia, in which the seat
of Government of the nation is located. The interests of the District,
having no direct representation in Congress, are entitled to especial
consideration and care at the hands of the General Government. The
capital of the United States belongs to the nation, and it is natural
that the American people should take pride in the seat of their
National Government and desire it to be an ornament to the country.
Much has been done to render it healthful, convenient, and attractive,
but much remains to be done, which its permanent inhabitants are not
able and ought not to be expected to do. To impose upon them a large
proportion of the cost required for public improvements, which are
in a great measure planned and executed for the convenience of the
Government and of the many thousands of visitors from all parts of
the country who temporarily reside at the capital of the nation, is an
evident injustice. Special attention is asked by the Commissioners of
the District in their report, which is herewith transmitted, to the
importance of a permanent adjustment by Congress of the financial
relations between the United States and the District, involving
the regular annual contribution by the United States of its just
proportion of the expenses of the District government and of the
outlay for all needed public improvements, and such measure of
relief from the burden of taxation now resting upon the people of the
District as in the wisdom of Congress may be deemed just.
The report of the Commissioners shows that the affairs of the District
are in a condition as satisfactory as could be expected in view of the
heavy burden of debt resting upon it and its very limited means for
necessary expenses.
The debt of the District is as follows:
Old funded debt $8,379,691.96
3.65 bonds, guaranteed by the United States 13,743,250.00
_____________
Total bonded debt 22,122,941.96
To which should be added certain outstanding claims,
as explained in the report of the Commissioners 1,187,204.52
_____________
Making the total debt of the District 23,310,146.48
The Commissioners also ask attention to the importance of the
improvement of the Potomac River and the reclamation of the marshes
bordering the city of Washington, and their views upon this subject
are concurred in by the members of the board of health, whose report
is also herewith transmitted. Both the commercial and sanitary
interests of the District will be greatly promoted, I doubt not,
by this improvement.
Your attention is invited to the suggestion of the Commissioners and
of the board of health for the organization of a board of charities,
to have supervision and control of the disbursement of all moneys for
charitable purposes from the District treasury. I desire also to ask
your especial attention to the need of adding to the efficiency of the
public schools of the District by supplemental aid from the National
Treasury. This is especially just, since so large a number of those
attending these schools are children of employees of the Government.
I earnestly commend to your care the interests of the people of
the District, who are so intimately associated with the Government
establishments, and to whose enterprise the good order and
attractiveness of the capital are largely due; and I ask your
attention to the request of the Commissioners for legislation in
behalf of the interests intrusted to their care. The appropriations
asked for the care of the reservations belonging to the Government
within the city, by the Commissioner of Public Buildings and Grounds,
are also commended to your favorable consideration.
The report of the joint commission created by the act approved 2d of
August, 1876, entitled "An act providing for the completion of the
Washington Monument," is also herewith transmitted, with accompanying
documents. The board of engineer officers detailed to examine the
monument, in compliance with the second section of the act, have
reported that the foundation is insufficient. No authority exists for
making the expenditure necessary to secure its stability. I therefore
recommend that the commission be authorized to expend such portion of
the sum appropriated by the act as may be necessary for the purpose.
The present unfinished condition of the monument, begun so long ago,
is a reproach to the nation. It can not be doubted that the patriotic
sense of the country will warmly respond to such prompt provision
as may be made for its completion at an early day, and I urge upon
Congress the propriety and necessity of immediate legislation for this
purpose.
The wisdom of legislation upon the part of Congress, in aid of the
States, for the education of the whole people in those branches of
study which are taught in the common schools of the country is no
longer a question. The intelligent judgment of the country goes still
further, regarding it as also both constitutional and expedient for
the General Government to extend to technical and higher education,
such aid as is deemed essential to the general welfare and to our due
prominence among the enlightened and cultured nations of the world.
The ultimate settlement of all questions of the future, whether of
administration or finance or of true nationality of sentiment, depends
upon the virtue and intelligence of the people. It is vain to hope
for the success of a free government without the means of insuring
the intelligence of those who are the source of power. No less than
one-seventh of the entire voting population of our country are yet
unable to read and write.
It is encouraging to observe, in connection with the growth of
fraternal feeling in those States in which slavery formerly existed,
evidences of increasing interest in universal education, and I shall
be glad to give my approval to any appropriate measures which may be
enacted by Congress for the purpose of supplementing with national aid
the local systems of education in those States and in all the States;
and, having already invited your attention to the needs of the
District of Columbia with respect to its public-school system, I here
add that I believe it desirable, not so much with reference to the
local wants of the District, but to the great and lasting benefit
of the entire country, that this system should be crowned with a
university in all respects in keeping with the national capital, and
thereby realize the cherished hopes of Washington on this subject.
I also earnestly commend the request of the Regents of the
Smithsonian Institution that an adequate appropriation be made for
the establishment and conduct of a national museum under their
supervision.
The question of providing for the preservation and growth of the
Library of Congress is also one of national importance. As the
depository of all copyright publications and records, this library has
outgrown the provisions for its accommodation; and the erection, on
such site as the judgment of Congress may approve, of a fireproof
library building, to preserve the treasures and enlarge the usefulness
of this valuable collection, is recommended. I recommend also such
legislation as will render available and efficient for the purposes
of instruction, so far as is consistent with the public service, the
cabinets or museums of invention, of surgery, of education, and
of agriculture, and other collections the property of the National
Government.
The capital of the nation should be something more than a mere
political center. We should avail ourselves of all the opportunities
which Providence has here placed at our command to promote the general
intelligence of the people and increase the conditions most favorable
to the success and perpetuity of our institutions.
R.B. HAYES.
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 10, 1877_.
_To the Senate and House of Representatives_:
I transmit herewith, for the information of Congress, a copy of the
report of the commission appointed by me on the 27th of September,
1877, to examine the several public buildings in this city
and determine the nature and extent of their security against
conflagrations and the measures to be taken to guard the buildings and
their contents from destruction or damage by fire.
The records of the Government constitute a most valuable collection
for the country, whether we consider their pecuniary value or their
historical importance; and it becomes my duty to call your attention
to the means suggested for securing these valuable archives, as well
as the buildings in which they are stored. The commissioners
have performed their duties intelligently and faithfully. Their
recommendations are fully concurred in by me and commended to the
favorable consideration of Congress.
R.B. HAYES.
EXECUTIVE MANSION, _December 10, 1877_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith an additional report (and an
accompanying statement) addressed to me by the commissioners appointed
under the act of Congress approved July 19, 1876, authorizing the
repavement of that part of Pennsylvania avenue lying between the
Treasury Department and the Capitol Grounds.
R.B. HAYES.
EXECUTIVE MANSION, _December 13, 1877_.
_To the House of Representatives_:
I transmit herewith a special report upon the subject of forestry by
the Commissioner of Agriculture, with the accompanying documents.
R.B. HAYES.
[A similar message was sent to the Senate.]
WASHINGTON, _January 11, 1878_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 3d
ultimo, requesting to be furnished with the correspondence between the
Government of Venezuela and that of the United States had since the
adjournment of the first session of the Forty-fourth Congress in
relation to the Venezuela Mixed Claims Commission, I transmit the
report of the Secretary of State, together with its accompanying
documents.
R.B. HAYES.
EXECUTIVE MANSION, _Washington, January 14, 1878_.
_To the Senate of the United States_:
I have received the following resolution of the Senate:
IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
_December 11, 1877._
_Resolved_, That the President be respectfully requested
to inform the Senate, with the view to the transaction of
its executive business, whether in any of the instances of
nominations hitherto sent to the Senate stated to be for
appointment in place of officers removed such removals had
been made at the time of sending such nominations to the
Senate.
In reply I would respectfully inform the Senate that in the instances
referred to removals had not been made at the time the nominations
were sent to the Senate. The form used for such nominations was one
found to have been in existence and heretofore used in some of
the Departments, and was intended to inform the Senate that if the
nomination proposed were approved it would operate to remove an
incumbent whose name was indicated.
R.B. HAYES.
EXECUTIVE MANSION, _January 17, 1878_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 13th November last
calling for information concerning the cause, numbers engaged, number
of lives lost, and probable cost of the late so-called Nez Percé War,
I have the honor to submit the accompanying communication from the
General of the Army and an extract from the annual report of that
officer. Upon the subject of the cost of the Nez Percé War, I submit
reports from the Quartermaster-General and the Commissary-General of
Subsistence.
R.B. HAYES.
WASHINGTON, _January 18, 1878_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a treaty of friendship and commerce between the United
States and the Government of the Samoan Islands, signed on the 17th
instant.
R.B. HAYES.
EXECUTIVE MANSION, _January 18, 1878_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of December 6, 1877, I
inclose a report made to me by the Attorney-General, the results
of which seem to be correct, and which affords the information[8]
requested.
R.B. HAYES.
[Footnote 8: Operation of the Union Pacific Railroad and its branches.]
[A similar message was sent to the House of Representatives, in answer
to a resolution of that body of November 27, 1877.]
EXECUTIVE MANSION, _January 23, 1878_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of November 16, 1877,
I transmit reports[9] made to me by the Attorney-General and the
Secretary of the Navy.
R.B. HAYES.
[Footnote 9: Relating to the seizure of logs, lumber, and naval stores
suspected or having been taken from the public lands.]
EXECUTIVE MANSION, _January 29, 1878_.
_To the Senate of the United States_:
In response to a resolution of the Senate of the 10th ultimo, I
transmit herewith copies of reports[10] of the Commissioners of
Indian Affairs and General Land Office, dated 9th and 21st instant,
respectively.
R.B. HAYES.
[Footnote 10: Relating to payments to the Ute Indians under the fourth
article of the agreement of September 13, 1873, and to the occupancy
of lands ceded by said Indians.]
EXECUTIVE MANSION, _February 4, 1878_.
_To the Senate and House of Representatives_:
The commission appointed under the act of Congress approved March
3, 1873, entitled "An act to authorize inquiries into the causes of
steam-boiler explosions," have addressed a report of progress, made to
date thereof, to the Secretaries of the Treasury and Navy Departments,
which has been transmitted to me by these officers. The commission
also present a copy of a report dated February 27, 1877, which they
say "was mislaid and did not reach the President." These reports are
respectfully submitted for the information of Congress.
WASHINGTON, _February 6, 1878_.
_To the Senate_:
I transmit herewith, in compliance with a resolution of the Senate of
the 6th of December last, a report from the Secretary of State and its
accompanying papers.[11]
R.B. HAYES.
[Footnote 11: Correspondence relative to the Franco-German War.]
EXECUTIVE MANSION, _February 11, 1878_.
_To the Senate and House of Representatives_:
In compliance with the resolution of Congress entitled "Joint
resolution accepting a painting[12] tendered to Congress by Mrs.
Elizabeth Thompson," approved by me on the 1st instant, I have this
day caused a copy of the resolution to be delivered to Mrs. Thompson.
R.B. HAYES.
[Footnote 12: Carpenter's painting of President Lincoln and his Cabinet
at the time of his first reading of the Proclamation of Emancipation.]
EXECUTIVE MANSION, _February 20, 1878_.
_To the Senate of the United States_:
In response to the resolution of the Senate of January 30, 1878,
I transmit herewith a report,[13] dated the 16th instant, from the
Commissioner of Indian Affairs.
R.B. HAYES.
[Footnote 13: Relating to the survey of lands in the Indian Territory,
etc.]
EXECUTIVE MANSION, _February 20, 1878_.
_To the Senate of the United States_:
In answer to the resolution of the Senate dated December 7, 1877,
I transmit herewith reports from the General of the Army, the
Quartermaster-General, the Commissary-General of Subsistence, and the
Chief of Ordnance, showing what has been the cost (estimated) of the
late war with the Sioux Indians, and what the casualties of rank and
file among the soldiers engaged in said Sioux War.
R.B. HAYES.
EXECUTIVE MANSION, _February 27, 1878_.
_To the Senate of the United States_:
I transmit herewith, for the information of the Senate, the reply of
the Commissioner of Agriculture to a resolution of the Senate of the
20th instant, "relative to the disease prevailing among swine," etc.
R.B. HAYES.
WASHINGTON, _March 21, 1878_.
_To the Senate_:
In answer to the resolution of the Senate of the 11th of March
instant, I herewith transmit a report from the Secretary of State,
with accompanying documents.[14]
R.B. HAYES.
[Footnote 14: Correspondence relative to the appointment of a third
commissioner under the twenty-third article of the treaty with Great
Britain of May 8, 1871, on the question of the fisheries.]
EXECUTIVE MANSION, _March 25, 1878_.
_To the Senate of the United States_:
In further answer to the resolution of the Senate of December 7,
1877, as to the cost of the Sioux War, I transmit copies of additional
reports on the subject received from the Military Division of the
Missouri.
R.B. HAYES.
WASHINGTON, D.C., _March 27, 1878_.
_To the Senate of the United States_:
In answer to the Senate's resolution of the 14th ultimo, requesting to
be furnished with a copy of correspondence between the Government of
the United States and that of China respecting the "Ward" claims and
the claim of Charles E. Hill, I herewith submit a letter from the
Secretary of State, together with its accompanying papers.
R.B. HAYES.
WASHINGTON, _March 29, 1878_.
_To the House of Representatives_:
I transmit herewith, in compliance with a resolution of the House of
Representatives of the 21st ultimo, a report from the Secretary of
State and its accompanying papers.[15]
R.B. HAYES.
[Footnote 15: Correspondence with Spain relative to the seizure of the
steamer _Virginius_, etc.]
EXECUTIVE MANSION, _May 2, 1878_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of April 16, 1878,1 transmit
herewith reports[16] made to me by the Secretary of the Treasury and
the Attorney-General.
R.B. HAYES.
[Footnote 16: Relating to the defalcations of William R. Whitaker while
collector of internal revenue for the first district of Louisiana and
while assistant treasurer of the United States at New Orleans.]
WASHINGTON, _May 10, 1878_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a convention defining the rights, immunities, and
privileges of consular officers, between the United States and His
Majesty the King of Italy, signed on the 8th instant.
R.B. HAYES.
WASHINGTON, _May 14, 1878_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 29th ultimo, I
transmit herewith a report from the Secretary of State, with its
accompanying papers.[17]
R.B. HAYES.
[Footnote 17: Correspondence relative to the terms and conditions under
which the Cuban insurgents surrendered and to the policy of Spain in
the government of Cuba.]
EXECUTIVE MANSION, _May 17, 1878_.
_To the Senate and House of Representatives_:
I herewith transmit, for your appropriate action, a communication
from the Secretary of State, on the subject of the result of the
deliberations of the Fishery Commission appointed under certain
provisions of the treaty of Washington, with the accompanying
documents.
Article XXII of the treaty provides that any sum of money which the
commissioners may award shall be paid by the United States Government
in a gross sum within twelve months after such award shall have been
given.
The commission announced the result of its deliberations on the 23d
day of November last year, and an appropriation at the present session
of Congress will be necessary to enable the Government to make the
payment provided for in the treaty.
I respectfully submit to the consideration of Congress the record
of the transaction as presented upon the papers, and recommend an
appropriation of the necessary sum, with such discretion to the
executive government in regard to its payment as in the wisdom of
Congress the public interests may seem to require.
R.B. HAYES.
WASHINGTON, _May 25, 1878_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to its
ratification, a consular convention between the United States and the
Netherlands, signed on the 23d instant.
R.B. HAYES.
WASHINGTON, _June 11, 1878_.
_To the House of Representatives_:
In answer to a resolution of the House of Representatives of the
27th May ultimo, I transmit the response of the Secretary of State,
accompanied by a copy of the papers[18] called for by the resolution.
R.B. HAYES.
[Footnote 18: Relating to the convention of May 20, 1875, for the
establishment of an international bureau of weights and measures.]
EXECUTIVE MANSION, _June 12, 1878_.
_To the Senate and House of Representatives_:
In transmitting herewith to Congress a communication from the
Secretary of State on the subject of the conference provided for
in the act of February 28, 1878, entitled "An act to authorize the
coinage of the standard silver dollar and to restore its legal-tender
character," I respectfully recommend that an adequate appropriation be
made for certain expenses of the conference and of the commissioners
attending the same on behalf of the United States, as suggested in the
communication of the Secretary of State.
R.B. HAYES.
EXECUTIVE MANSION, _June 15, 1878_.
_To the House of Representatives_:
I have the honor to transmit herewith the report of the board for
testing iron, steel, and other metals, as requested in the resolution
of the House of Representatives dated April 27, 1878.
R.B. HAYES.
WASHINGTON, _June,7, 1878_.
_To the Senate_:
In answer to the resolution of the Senate of the 27th of May ultimo,
I herewith transmit a report from the Secretary of State, with
accompanying documents.[19]
R.B. HAYES.
[Footnote 19: Correspondence, etc., relative to the selection of M.
Maurice Delfosse as one of the commissioners under the treaty with
Great Britain of May 8, 1871, on the fisheries question.]
VETO MESSAGES.
EXECUTIVE MANSION, _February 28, 1878_.
_To the House of Representatives_:
After a very careful consideration of the House bill No. 1093,
entitled "An act to authorize the coinage of the standard silver
dollar and to restore its legal-tender character," I feel compelled
to return it to the House of Representatives, in which it originated,
with my objections to its passage.
Holding the opinion, which I expressed in my annual message, that
"neither the interests of the Government nor of the people of the
United States would be promoted by disparaging silver as one of the
two precious metals which furnish the coinage of the world, and that
legislation which looks to maintaining the volume of intrinsic money
to as full a measure of both metals as their relative commercial
values will permit would be neither unjust nor inexpedient," it has
been my earnest desire to concur with Congress in the adoption of such
measures to increase the silver coinage of the country as would not
impair the obligation of contracts, either public or private, nor
injuriously affect the public credit. It is only upon the conviction
that this bill does not meet these essential requirements that I feel
it my duty to withhold from it my approval.
My present official duty as to this bill permits only an attention to
the specific objections to its passage which seem to me so important
as to justify me in asking from the wisdom and duty of Congress that
further consideration of the bill for which the Constitution has in
such cases provided.
The bill provides for the coinage of silver dollars of the weight of
412-1/2 grains each, of standard silver, to be a legal tender at their
nominal value for all debts and dues, public and private, except where
otherwise expressly stipulated in the contract. It is well known that
the market value of that number of grains of standard silver during
the past year has been from 90 to 92 cents as compared with the
standard gold dollar. Thus the silver dollar authorized by this bill
is worth 8 to 10 per cent less than it purports to be worth, and
is made a legal tender for debts contracted when the law did not
recognize such coins as lawful money.
The right to pay duties in silver or in certificates for silver
deposits will, when they are issued in sufficient amount to circulate,
put an end to the receipt of revenue in gold, and thus compel the
payment of silver for both the principal and interest of the public
debt. One billion one hundred and forty-three million four hundred
and ninety-three thousand four hundred dollars of the bonded debt now
outstanding was issued prior to February, 1873, when the silver dollar
was unknown in circulation in this country, and was only a convenient
form of silver bullion for exportation; $583,440,350 of the funded
debt has been issued since February, 1873, when gold alone was the
coin for which the bonds were sold, and gold alone was the coin in
which both parties to the contract understood that the bonds would
be paid. These bonds entered into the markets of the world. They were
paid for in gold when silver had greatly depreciated, and when no one
would have bought them if it had been understood that they would be
paid in silver. The sum of $225,000,000 of these bonds has been sold
during my Administration for gold coin, and the United States received
the benefit of these sales by a reduction of the rate of interest to
4 per cent. During the progress of these sales a doubt was suggested
as to the coin in which payment of these bonds would be made. The
public announcement was thereupon authorized that it was "not to be
anticipated that any future legislation of Congress or any action
of any department of the Government would sanction or tolerate the
redemption of the principal of these bonds or the payment of the
interest thereon in coin of less value than the coin authorized by law
at the time of the issue of the bonds, being the coin exacted by the
Government in exchange for the same." In view of these facts it will
be justly regarded as a grave breach of the public faith to undertake
to pay these bonds, principal or interest, in silver coin worth in the
market less than the coin received for them.
It is said that the silver dollar made a legal tender by this bill
will under its operation be equivalent in value to the gold dollar.
Many supporters of the bill believe this, and would not justify an
attempt to pay debts, either public or private, in coin of inferior
value to the money of the world. The capital defect of the bill
is that it contains no provision protecting from its operation
preexisting debts in case the coinage which it creates shall continue
to be of less value than that which was the sole legal tender when
they were contracted. If it is now proposed, for the purpose of taking
advantage of the depreciation of silver in the payment of debts, to
coin and make a legal tender a silver dollar of less commercial value
than any dollar, whether of gold or paper, which is now lawful money
in this country, such measure, it will hardly be questioned, will,
in the judgment of mankind, be an act of bad faith. As to all debts
heretofore contracted, the silver dollar should be made a legal tender
only at its market value. The standard of value should not be changed
without the consent of both parties to the contract. National promises
should be kept with unflinching fidelity. There is no power to compel
a nation to pay its just debts. Its credit depends on its honor. The
nation owes what it has led or allowed its creditors to expect. I can
not approve a bill which in my judgment authorizes the violation of
sacred obligations. The obligation of the public faith transcends
all questions of profit or public advantage. Its unquestionable
maintenance is the dictate as well of the highest expediency as of
the most necessary duty, and should ever be carefully guarded by the
Executive, by Congress, and by the people.
It is my firm conviction that if the country is to be benefited by a
silver coinage it can be done only by the issue of silver dollars of
full value, which will defraud no man. A currency worth less than it
purports to be worth will in the end defraud not only creditors, but
all who are engaged in legitimate business, and none more surely than
those who are dependent on their daily labor for their daily bread.
R.B. HAYES.
EXECUTIVE MANSION, _March 6, 1878._
_To the House of Representatives:_
I return herewith House bill No. 3072, entitled "An act to authorize
a special term of the circuit court of the United States for the
southern district of Mississippi to be held at Scranton, in Jackson
County," with the following objections to its becoming a law:
The act provides that a special term of the circuit court of the
United States for the southern district of Mississippi shall be held
at Scranton, in Jackson County, Miss., to begin on the second Monday
in March, 1878, and directs the clerk of said court to "cause notice
of said special term of said court to be published in a newspaper in
Jackson, Miss., and also in a newspaper in Scranton, at least ten days
before the beginning thereof."
The act can not be executed, inasmuch as there is not sufficient time
to give the notice of the holding of the special term which Congress
thought proper to require.
The number of suits to be tried at the special term in which the
United States is interested is forty-nine, and the amount involved
exceeds $200,000. The Government can not prepare for trial at said
special term, because no fund appropriated by Congress can be made
available for that purpose. If, therefore, the Government is compelled
to go to trial at the special term provided for by this bill, the
United States must be defeated for want of time and means to make
preparation for the proper vindication of its rights.
The bill is therefore returned for the further consideration of
Congress.
R.B. HAYES.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the laws of the United States that whenever,
by reason of unlawful obstructions, combinations or assemblages of
persons, or rebellion against the authority of the Government of the
United States, it shall become impracticable, in the judgment of the
President, to enforce by the ordinary course of judicial proceedings
the laws of the United States within any State or Territory, it shall
be lawful for the President to call forth the militia of any or all
the States and to employ such parts of the land and naval forces of
the United States as he may deem necessary to enforce the faithful
execution of the laws of the United States or to suppress such
rebellion, in whatever State or Territory thereof the laws of the
United States may be forcibly opposed or the execution thereof
forcibly obstructed; and
Whereas it has been made to appear to me that, by reason of unlawful
combinations and assemblages of persons in arms, it has become
impracticable to enforce by the ordinary course of judicial
proceedings the laws of the United States within the Territory of New
Mexico, and especially within Lincoln County therein, and that the
laws of the United States have been therein forcibly opposed and the
execution thereof forcibly resisted; and
Whereas the laws of the United States require that whenever it may be
necessary, in the judgment of the President, to use the military force
for the purpose of enforcing the faithful execution of the laws of
the United States, he shall forthwith, by proclamation, command such
insurgents to disperse and retire peaceably to their respective abodes
within a limited time:
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do hereby admonish all good citizens of the United States,
and especially of the Territory of New Mexico, against aiding,
countenancing, abetting, or taking part in any such unlawful
proceedings; and I do hereby warn all persons engaged in or connected
with said obstruction of the laws to disperse and retire peaceably to
their respective abodes on or before noon of the 13th day of October
instant.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 7th day of October, A.D. 1878,
and of the Independence of the United States the one hundred and
third.
R.B. HAYES.
By the President:
F.W. SEWARD,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The recurrence of that season at which it is the habit of our people
to make devout and public confession of their constant dependence upon
the divine favor for all the good gifts of life and happiness and
of public peace and prosperity exhibits in the record of the year
abundant reasons for our gratitude and thanksgiving.
Exuberant harvests, productive mines, ample crops of the staples of
trade and manufactures, have enriched the country.
The resources thus furnished to our reviving industry and expanding
commerce are hastening the day when discords and distresses through
the length and breadth of the land will, under the continued favor
of Providence, have given way to confidence and energy and assured
prosperity.
Peace with all nations has been maintained unbroken, domestic
tranquillity has prevailed, and the institutions of liberty and
justice which the wisdom and virtue of our fathers established remain
the glory and defense of their children.
The general prevalence of the blessings of health through our wide
land has made more conspicuous the sufferings and sorrows which the
dark shadow of pestilence has cast upon a portion of our people. This
heavy affliction even the Divine Ruler has tempered to the suffering
communities in the universal sympathy and succor which have flowed to
their relief, and the whole nation may rejoice in the unity of spirit
in our people by which they cheerfully share one another's burdens.
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do appoint Thursday, the 28th day of November next, as a day
of national thanksgiving and prayer; and I earnestly recommend that,
withdrawing themselves from secular cares and labors, the people of
the United States do meet together on that day in their respective
places of worship, there to give thanks and praise to Almighty God for
His mercies and to devoutly beseech their continuance.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 30th day of October, A.D. 1878,
and of the Independence of the United States the one hundred and
third.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
EXECUTIVE ORDERS.
EXECUTIVE MANSION, _Washington, December 31, 1877_.
JAMES H. COGGESHALL, Esq.,
_Marshal of the United States for the
District of Rhode Island, Providence, R.I._
SIR: By virtue of the authority conferred upon me by section 5287 of
the Revised Statutes of the United States, and in execution of the
same, you are hereby empowered and directed to take possession of the
steamer _Estelle_, now or lately lying at Bristol, in Rhode Island,
and to detain the same until further orders from me concerning the
same, and to employ such portion of the land and naval forces of the
United States as may be necessary for that purpose.
R.B. HAYES.
EXECUTIVE MANSION, _Washington, May 27, 1878_.
SIR:[20] I am directed by the President to say that the several
Departments of the Government will be closed on Thursday, the 30th
instant, in respect to the memory of those who fell in defense of the
Union, and to enable the employees to participate in the commemorative
ceremonies of the day.
Very respectfully, your obedient servant,
W.K. ROGERS, _Private Secretary_.
[Footnote 20: Addressed to the heads of the Executive Departments, etc.]
SECOND ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 2, 1878_.
_Fellow-Citizens of the Senate and House of Representatives_:
Our heartfelt gratitude is due to the Divine Being who holds in His
hands the destinies of nations for the continued bestowal during the
last year of countless blessings upon our country.
We are at peace with all other nations. Our public credit has greatly
improved, and is perhaps now stronger than ever before. Abundant
harvests have rewarded the labors of those who till the soil, our
manufacturing industries are reviving, and it is believed that general
prosperity, which has been so long anxiously looked for, is at last
within our reach.
The enjoyment of health by our people generally has, however, been
interrupted during the past season by the prevalence of a fatal
pestilence (the yellow fever) in some portions of the Southern States,
creating an emergency which called for prompt and extraordinary
measures of relief. The disease appeared as an epidemic at New Orleans
and at other places on the Lower Mississippi soon after midsummer.
It was rapidly spread by fugitives from the infected cities and
towns, and did not disappear until early in November. The States of
Louisiana, Mississippi, and Tennessee have suffered severely. About
100,000 cases are believed to have occurred, of which about 20,000,
according to intelligent estimates, proved fatal. It is impossible
to estimate with any approach to accuracy the loss to the country
occasioned by this epidemic. It is to be reckoned by the hundred
millions of dollars. The suffering and destitution that resulted
excited the deepest sympathy in all parts of the Union. Physicians and
nurses hastened from every quarter to the assistance of the afflicted
communities. Voluntary contributions of money and supplies, in every
needed form, were speedily and generously furnished. The Government
was able to respond in some measure to the call for help, by providing
tents, medicines, and food for the sick and destitute, the requisite
directions for the purpose being given in the confident expectation
that this action of the Executive would receive the sanction of
Congress. About 1,800 tents, and rations of the value of about
$25,000, were sent to cities and towns which applied for them,
full details of which will be furnished to Congress by the proper
Department.
The fearful spread of this pestilence has awakened a very general
public sentiment in favor of national sanitary administration, which
shall not only control quarantine, but have the sanitary supervision
of internal commerce in times of epidemics, and hold an advisory
relation to the State and municipal health authorities, with power
to deal with whatever endangers the public health, and which the
municipal and State authorities are unable to regulate. The national
quarantine act approved April 29, 1878, which was passed too late in
the last session of Congress to provide the means for carrying it into
practical operation during the past season, is a step in the direction
here indicated. In view of the necessity for the most effective
measures, by quarantine and otherwise, for the protection of our
seaports and the country generally from this and other epidemics,
it is recommended that Congress give to the whole subject early and
careful consideration.
The permanent pacification of the country by the complete protection
of all citizens in every civil and political right continues to be of
paramount interest with the great body of our people. Every step
in this direction is welcomed with public approval, and every
interruption of steady and uniform progress to the desired
consummation awakens general uneasiness and widespread condemnation.
The recent Congressional elections have furnished a direct and
trustworthy test of the advance thus far made in the practical
establishment of the right of suffrage secured by the Constitution to
the liberated race in the Southern States. All disturbing influences,
real or imaginary, had been removed from all of these States.
The three constitutional amendments which conferred freedom and
equality of civil and political rights upon the colored people of the
South were adopted by the concurrent action of the great body of good
citizens who maintained the authority of the National Government and
the integrity and perpetuity of the Union at such a cost of treasure
and life, as a wise and necessary embodiment in the organic law of the
just results of the war. The people of the former slaveholding States
accepted these results, and gave in every practicable form assurances
that the thirteenth, fourteenth, and fifteenth amendments, and laws
passed in pursuance thereof, should in good faith be enforced, rigidly
and impartially, in letter and spirit, to the end that the humblest
citizen, without distinction of race or color, should under them
receive full and equal protection in person and property and in
political rights and privileges. By these constitutional amendments
the southern section of the Union obtained a large increase of
political power in Congress and in the electoral college, and the
country justly expected that elections would proceed, as to
the enfranchised race, upon the same circumstances of legal and
constitutional freedom and protection which obtained in all the other
States of the Union. The friends of law and order looked forward to
the conduct of these elections as offering to the general judgment of
the country an important opportunity to measure the degree in which
the right of suffrage could be exercised by the colored people and
would be respected by their fellow-citizens; but a more general
enjoyment of freedom of suffrage by the colored people and a more just
and generous protection of that freedom by the communities of which
they form a part were generally anticipated than the record of the
elections discloses. In some of those States in which the colored
people have been unable to make their opinions felt in the elections
the result is mainly due to influences not easily measured or remedied
by legal protection; but in the States of Louisiana and South Carolina
at large, and in some particular Congressional districts outside
of those States, the records of the elections seem to compel the
conclusion that the rights of the colored voters have been overridden
and their participation in the elections not permitted to be either
general or free.
It will be for the Congress for which these elections were held to
make such examinations into their conduct as may be appropriate to
determine the validity of the claims of members to their seats. In
the meanwhile it becomes the duty of the executive and judicial
departments of the Government, each in its province, to inquire into
and punish violations of the laws of the United States which have
occurred. I can but repeat what I said in this connection in my last
message, that whatever authority rests with me to this end I shall not
hesitate to put forth; and I am unwilling to forego a renewed appeal
to the legislatures, the courts, the executive authorities, and the
people of the States where these wrongs have been perpetrated to
give their assistance toward bringing to justice the offenders and
preventing a repetition of the crimes. No means within my power will
be spared to obtain a full and fair investigation of the alleged
crimes and to secure the conviction and just punishment of the guilty.
It is to be observed that the principal appropriation made for the
Department of Justice at the last session contained the following
clause:
And for defraying the expenses which may be incurred in the
enforcement of the act approved February 28, 1871, entitled
"An act to amend an act approved May 31, 1870, entitled 'An
act to enforce the rights of citizens of the United States
to vote in the several States of this Union, and for other
purposes,'" or any acts amendatory thereof or supplementary
thereto.
It is the opinion of the Attorney-General that the expenses of these
proceedings will largely exceed the amount which was thus provided,
and I rely confidently upon Congress to make adequate appropriations
to enable the executive department to enforce the laws.
I respectfully urge upon your attention that the Congressional
elections, in every district, in a very important sense, are justly a
matter of political interest and concern throughout the whole country.
Each State, every political party, is entitled to the share of power
which is conferred by the legal and constitutional suffrage. It is the
right of every citizen possessing the qualifications prescribed by
law to cast one unintimidated ballot and to have his ballot honestly
counted. So long as the exercise of this power and the enjoyment of
this right are common and equal, practically as well as formally,
submission to the results of the suffrage will be accorded loyally and
cheerfully, and all the departments of Government will feel the
true vigor of the popular will thus expressed. No temporary or
administrative interests of Government, however urgent or weighty,
will ever displace the zeal of our people in defense of the primary
rights of citizenship. They understand that the protection of liberty
requires the maintenance in full vigor of the manly methods of free
speech, free press, and free suffrage, and will sustain the full
authority of Government to enforce the laws which are framed to
preserve these inestimable rights. The material progress and welfare
of the States depend on the protection afforded to their citizens.
There can be no peace without such protection, no prosperity without
peace, and the whole country is deeply interested in the growth and
prosperity of all its parts.
While the country has not yet reached complete unity of feeling
and reciprocal confidence between the communities so lately and so
seriously estranged, I feel an absolute assurance that the tendencies
are in that direction, and with increasing force. The power of public
opinion will override all political prejudices and all sectional or
State attachments in demanding that all over our wide territory the
name and character of citizen of the United States shall mean one and
the same thing and carry with them unchallenged security and respect.
Our relations with other countries continue peaceful. Our neutrality
in contests between foreign powers has been maintained and respected.
The Universal Exposition held at Paris during the past summer has been
attended by large numbers of our citizens. The brief period allowed
for the preparation and arrangement of the contributions of our
citizens to this great exposition was well employed in energetic and
judicious efforts to overcome this disadvantage. These efforts, led
and directed by the commissioner-general, were remarkably successful,
and the exhibition of the products of American industry was creditable
and gratifying in scope and character. The reports of the United
States commissioners, giving its results in detail, will be duly laid
before you. Our participation in this international competition for
the favor and the trade of the world may be expected to produce useful
and important results--in promoting intercourse, friendship, and
commerce with other nations.
In accordance with the provisions of the act of February 28, 1878,
three commissioners were appointed to an international conference on
the subject of adopting a common ratio between gold and silver, for
the purpose of establishing internationally the use of bimetallic
money and securing fixity of relative value between those metals.
Invitations were addressed to the various governments which had
expressed a willingness to participate in its deliberations. The
conference held its meetings in Paris in August last. The report
of the commissioners, herewith submitted, will show its results.
No common ratio between gold and silver could be agreed upon by the
conference. The general conclusion was reached that it is necessary to
maintain in the world the monetary functions of silver as well as of
gold, leaving the selection of the use of one or the other of these
two metals, or of both, to be made by each state.
Congress having appropriated at its last session the sum of $5,500,000
to pay the award of the joint commission at Halifax, if, after
correspondence with the British Government on the subject of the
conformity of the award to the requirements of the treaty and to
the terms of the question thereby submitted to the commission, the
President shall deem it his duty to make the payment, communications
upon these points were addressed to the British Government through
the legation of the United States at London. Failing to obtain the
concurrence of the British Government in the views of this Government
respecting the award, I have deemed it my duty to tender the sum named
within the year fixed by the treaty, accompanied by a notice of the
grounds of the payment and a protest against any other construction
of the same. The correspondence upon this subject will be laid before
you.
The Spanish Government has officially announced the termination of
the insurrection in Cuba and the restoration of peace throughout that
island. Confident expectations are expressed of a revival of trade
and prosperity, which it is earnestly hoped may prove well founded.
Numerous claims of American citizens for relief for injuries
or restoration of property have been among the incidents of the
long-continued hostilities. Some of these claims are in process of
adjustment by Spain, and the others are promised early and careful
consideration.
The treaty made with Italy in regard to reciprocal consular privileges
has been duly ratified and proclaimed.
No questions of grave importance have arisen with any other of the
European powers.
The Japanese Government has been desirous of a revision of such parts
of its treaties with foreign powers as relate to commerce, and it is
understood has addressed to each of the treaty powers a request to
open negotiations with that view. The United States Government has
been inclined to regard the matter favorably. Whatever restrictions
upon trade with Japan are found injurious to that people can not but
affect injuriously nations holding commercial intercourse with them.
Japan, after a long period of seclusion, has within the past few years
made rapid strides in the path of enlightenment and progress, and, not
unreasonably, is looking forward to the time when her relations with
the nations of Europe and America shall be assimilated to those which
they hold with each other. A treaty looking to this end has been made,
which will be submitted for the consideration of the Senate.
After an interval of several years the Chinese Government has again
sent envoys to the United States. They have been received, and a
permanent legation is now established here by that Government. It is
not doubted that this step will be of advantage to both nations in
promoting friendly relations and removing causes of difference.
The treaty with the Samoan Islands, having been duly ratified and
accepted on the part of both Governments, is now in operation, and a
survey and soundings of the harbor of Pago-Pago have been made by a
naval vessel of the United States, with a view of its occupation as
a naval station if found desirable to the service.
Since the resumption of diplomatic relations with Mexico
correspondence has been opened and still continues between the two
Governments upon the various questions which at one time seemed to
endanger their relations. While no formal agreement has been reached
as to the troubles on the border, much has been done to repress and
diminish them. The effective force of United States troops on the Rio
Grande, by a strict and faithful compliance with instructions, has
done much to remove the sources of dispute, and it is now understood
that a like force of Mexican troops on the other side of the river is
also making an energetic movement against the marauding Indian tribes.
This Government looks with the greatest satisfaction upon every
evidence of strength in the national authority of Mexico, and upon
every effort put forth to prevent or to punish incursions upon our
territory. Reluctant to assume any action or attitude in the control
of these incursions by military movements across the border not
imperatively demanded for the protection of the lives and property
of our own citizens, I shall take the earliest opportunity consistent
with the proper discharge of this plain duty to recognize the ability
of the Mexican Government to restrain effectively violations of
our territory. It is proposed to hold next year an international
exhibition in Mexico, and it is believed that the display of the
agricultural and manufacturing products of the two nations will tend
to better understanding and increased commercial intercourse between
their people.
With Brazil and the Republics of Central and South America some
steps have been taken toward the development of closer commercial
intercourse. Diplomatic relations have been resumed with Colombia and
with Bolivia. A boundary question between the Argentine Republic and
Paraguay has been submitted by those Governments for arbitration
to the President of the United States, and I have, after careful
examination, given a decision upon it.
A naval expedition up the Amazon and Madeira rivers has brought back
information valuable both for scientific and commercial purposes. A
like expedition is about visiting the coast of Africa and the Indian
Ocean. The reports of diplomatic and consular officers in relation
to the development of our foreign commerce have furnished many facts
that have proved of public interest and have stimulated to practical
exertion the enterprise of our people.
The report of the Secretary of the Treasury furnishes a detailed
statement of the operations of that Department of the Government and
of the condition of the public finances.
The ordinary revenues from all sources for the fiscal year ended June
30, 1878, were $257,763,878.70; the ordinary expenditures for the same
period were $236,964,326.80, leaving a surplus revenue for the year of
$20,799,551.90. The receipts for the present fiscal year, ending June
30, 1879, actual and estimated, are as follows: Actual receipts for
the first quarter, commencing July 1, 1878, $73,389,743.43;
estimated receipts for the remaining three quarters of the year,
$191,110,256.57; total receipts for the current fiscal year, actual
and estimated, $264,500,000. The expenditures for the same period will
be, actual and estimated, as follows: For the quarter commencing July
1, 1878, actual expenditures, $73,344,573.27; and for the remaining
three quarters of the year the expenditures are estimated at
$166,755,426.73, making the total expenditures $240,100,000, and
leaving an estimated surplus revenue for the year ending June 30,
1879, of $24,400,000. The total receipts during the next fiscal year,
ending June 30, 1880, estimated according to existing laws, will be
$264,500,000, and the estimated ordinary expenditures for the same
period will be $236,320,412.68, leaving a surplus of $28,179,587.32
for that year.
In the foregoing statements of expenditures, actual and estimated,
no amount is allowed for the sinking fund provided for by the act
approved February 25, 1862, which requires that 1 per cent of the
entire debt of the United States shall be purchased or paid within
each fiscal year, to be set apart as a sinking fund. There has been,
however, a substantial compliance with the conditions of the law. By
its terms the public debt should have been reduced between 1862
and the close of the last fiscal year $518,361,806.28; the
actual reduction of the ascertained debt in that period has been
$720,644,739.61, being in excess of the reduction required by the
sinking fund act $202,282,933.33.
The amount of the public debt, less cash in the Treasury, November 1,
1878, was $2,024,200,083.18, a reduction since the same date last year
of $23,150,617.39.
The progress made during the last year in refunding the public debt at
lower rates of interest is very gratifying. The amount of 4 per cent
bonds sold during the present year prior to November 23, 1878, is
$100,270,900, and 6 per cent bonds, commonly known as five-twenties,
to an equal amount, have been or will be redeemed as calls mature.
It has been the policy of the Department to place the 4 per cent bonds
within easy reach of every citizen who desires to invest his savings,
whether small or great, in these securities. The Secretary of the
Treasury recommends that the law be so modified that small sums may
be invested, and that through the post-offices or other agents of the
Government the freest opportunity may be given in all parts of the
country for such investments.
The best mode suggested is that the Department be authorized to issue
certificates of deposit, of the denomination of $10, bearing interest
at the rate of 3.65 per cent per annum and convertible at any time
within one year after their issue into the 4 per cent bonds authorized
by the refunding act, and to be issued only in exchange for United
States notes sent to the Treasury by mail or otherwise. Such a
provision of law, supported by suitable regulations, would enable any
person readily, without cost or risk, to convert his money into an
interest-bearing security of the United States, and the money so
received could be applied to the redemption of 6 per cent bonds.
The coinage of gold during the last fiscal year was $52,798,980. The
coinage of silver dollars under the act passed February 28, 1878,
amounted on the 23d of November, 1878, to $19,814,550, of which amount
$4,984,947 are in circulation, and the balance, $14,829,603, is still
in the possession of the Government.
With views unchanged with regard to the act under which the coinage of
silver proceeds, it has been the purpose of the Secretary faithfully
to execute the law and to afford a fair trial to the measure.
In the present financial condition of the country I am persuaded that
the welfare of legitimate business and industry of every description
will be best promoted by abstaining from all attempts to make radical
changes in the existing financial legislation. Let it be understood
that during the coming year the business of the country will be
undisturbed by governmental interference with the laws affecting it,
and we may confidently expect that the resumption of specie payments,
which will take place at the appointed time, will be successfully and
easily maintained, and that it will be followed by a healthful and
enduring revival of business prosperity.
Let the healing influence of time, the inherent energies of our
people, and the boundless resources of our country have a fair
opportunity, and relief from present difficulties will surely follow.
The report of the Secretary of War shows that the Army has been well
and economically supplied; that our small force has been actively
employed and has faithfully performed all the service required of it.
The morale of the Army has improved and the number of desertions has
materially decreased during the year.
The Secretary recommends--
1. That a pension be granted to the widow of the late Lieutenant Henry
H. Benner, Eighteenth Infantry, who lost his life by yellow fever
while in command of the steamer _J.M. Chambers_, sent with supplies
for the relief of sufferers in the South from that disease.
2. The establishment of the annuity scheme for the benefit of the
heirs of deceased officers, as suggested by the Paymaster-General.
3. The adoption by Congress of a plan for the publication of the
records of the War of the Rebellion, now being prepared for that
purpose.
4. The increase of the extra per diem of soldier teachers employed in
post schools, and liberal appropriations for the erection of buildings
for schools and libraries at the different posts.
5. The repeal or amendment of the act of June 18, 1878, forbidding the
use of the Army "as a _posse comitatus_, or otherwise, for the
purpose of executing the laws, except in such cases and under such
circumstances as such employment of said force may be expressly
authorized by the Constitution or by act of Congress."
6. The passage of a joint resolution of Congress legalizing the issues
of rations, tents, and medicines which were made for the relief of
sufferers from yellow fever.
7. That provision be made for the erection of a fireproof building for
the preservation of certain valuable records, now constantly exposed
to destruction by fire.
These recommendations are all commended to your favorable
consideration.
The report of the Secretary of the Navy shows that the Navy
has improved during the last fiscal year. Work has been done on
seventy-five vessels, ten of which have been thoroughly repaired
and made ready for sea. Two others are in rapid progress toward
completion. The total expenditures of the year, including the
amount appropriated for the deficiencies of the previous year, were
$17,468,392.65. The actual expenses chargeable to the year, exclusive
of these deficiencies, were $13,306,914.09, or $767,199.18 less than
those of the previous year, and $4,928,677.74 less than the expenses
including the deficiencies. The estimates for the fiscal year ending
June 30, 1880, are $14,562,381.45, exceeding the appropriations of
the present year only $33,949.75, which excess is occasioned by the
demands of the Naval Academy and the Marine Corps, as explained in the
Secretary's report. The appropriations for the present fiscal year are
$14,528,431.70, which, in the opinion of the Secretary, will be ample
for all the current expenses of the Department during the year. The
amount drawn from the Treasury from July 1 to November 1, 1878, is
$4,740,544.14, of which $70,980.75 has been refunded, leaving as the
expenditure for that period $4,669,563.39, or $520,899.24 less than
the corresponding period of the last fiscal year.
The report of the Postmaster-General embraces a detailed statement of
the operations of the Post-Office Department. The expenditures of
that Department for the fiscal year ended June 30, 1878, were
$34,165,084.49. The receipts, including sales of stamps, money-order
business, and official stamps, were $29,277,516.95. The sum of
$290,436.90, included in the foregoing statement of expenditures, is
chargeable to preceding years, so that the actual expenditures for the
fiscal year ended June 30, 1878, are $33,874,647.59. The amount drawn
from the Treasury on appropriations, in addition to the revenues of
the Department, was $5,307,652.82. The expenditures for the fiscal
year ending June 30, 1880, are estimated at $36,571,900 and the
receipts from all sources at $30,664,023.90, leaving a deficiency to
be appropriated out of the Treasury of $5,907,876.10. The report calls
attention to the fact that the compensation of postmasters and of
railroads for carrying the mail is regulated by law, and that the
failure of Congress to appropriate the amounts required for these
purposes does not relieve the Government of responsibility, but
necessarily increases the deficiency bills which Congress will be
called upon to pass.
In providing for the postal service the following questions are
presented: Should Congress annually appropriate a sum for its expenses
largely in excess of its revenues, or should such rates of postage be
established as will make the Department self-sustaining? Should the
postal service be reduced by excluding from the mails matter which
does not pay its way? Should the number of post routes be diminished?
Should other methods be adopted which will increase the revenues or
diminish the expenses of the postal service?
The International Postal Congress which met at Paris May 1, 1878, and
continued in session until June 4 of the same year, was composed of
delegates from nearly all the civilized countries of the world. It
adopted a new convention (to take the place of the treaty concluded
at Berne October 9, 1874), which goes into effect on the 1st of April,
1879, between the countries whose delegates have signed it. It was
ratified and approved, by and with the consent of the President,
August 13, 1878. A synopsis of this Universal Postal Convention will
be found in the report of the Postmaster-General, and the full text
in the appendix thereto. In its origin the Postal Union comprised
twenty-three countries, having a population of 350,000,000 people.
On the 1st of April next it will comprise forty-three countries and
colonies, with a population of more than 650,000,000 people, and will
soon, by the accession of the few remaining countries and colonies
which maintain organized postal services, constitute in fact as well
as in name, as its new title indicates, a universal union, regulating,
upon a uniform basis of cheap postage rates, the postal intercourse
between all civilized nations.
Some embarrassment has arisen out of the conflict between the customs
laws of this country and the provisions of the Postal Convention in
regard to the transmission of foreign books and newspapers to this
country by mail. It is hoped that Congress will be able to devise some
means of reconciling the difficulties which have thus been created, so
as to do justice to all parties involved.
The business of the Supreme Court and of the courts in many of the
circuits has increased to such an extent during the past year that
additional legislation is imperative to relieve and prevent the
delay of justice and possible oppression to suitors which is thus
occasioned. The encumbered condition of these dockets is presented
anew in the report of the Attorney-General, and the remedy suggested
is earnestly urged for Congressional action. The creation of
additional circuit judges, as proposed, would afford a complete
remedy, and would involve an expense, at the present rate of salaries,
of not more than $60,000 a year.
The annual reports of the Secretary of the Interior and of the
Commissioner of Indian Affairs present an elaborate account of the
present condition of the Indian tribes and of that branch of the
public service which ministers to their interests. While the conduct
of the Indians generally has been orderly and their relations with
their neighbors friendly and peaceable, two local disturbances have
occurred, which were deplorable in their character, but remained,
happily, confined to a comparatively small number of Indians. The
discontent among the Bannocks, which led first to some acts of
violence on the part of some members of the tribe and finally to the
outbreak, appears to have been caused by an insufficiency of food
on the reservation, and this insufficiency to have been owing to the
inadequacy of the appropriations made by Congress to the wants of the
Indians at a time when the Indians were prevented from supplying the
deficiency by hunting. After an arduous pursuit by the troops of
the United States, and several engagements, the hostile Indians
were reduced to subjection, and the larger part of them surrendered
themselves as prisoners. In this connection I desire to call attention
to the recommendation made by the Secretary of the Interior, that
a sufficient fund be placed at the disposal of the Executive, to be
used, with proper accountability, at discretion, in sudden emergencies
of the Indian service.
The other case of disturbance was that of a band of Northern
Cheyennes, who suddenly left their reservation in the Indian Territory
and marched rapidly through the States of Kansas and Nebraska in the
direction of their old hunting grounds, committing murders and other
crimes on their way. From documents accompanying the report of the
Secretary of the Interior it appears that this disorderly band was as
fully supplied with the necessaries of life as the 4,700 other Indians
who remained quietly on the reservation, and that the disturbance
was caused by men of a restless and mischievous disposition among the
Indians themselves. Almost the whole of this band have surrendered to
the military authorities; and it is a gratifying fact that when some
of them had taken refuge in the camp of the Red Cloud Sioux, with whom
they had been in friendly relations, the Sioux held them as prisoners
and readily gave them up to the officers of the United States, thus
giving new proof of the loyal spirit which, alarming rumors to the
contrary notwithstanding, they have uniformly shown ever since the
wishes they expressed at the council of September, 1877, had been
complied with.
Both the Secretary of the Interior and the Secretary of War unite
in the recommendation that provision be made by Congress for the
organization of a corps of mounted "Indian auxiliaries," to be under
the control of the Army and to be used for the purpose of keeping the
Indians on their reservations and preventing or repressing disturbance
on their part. I earnestly concur in this recommendation. It is
believed that the organization of such a body of Indian cavalry,
receiving a moderate pay from the Government, would considerably
weaken the restless element among the Indians by withdrawing from it
a number of young men and giving them congenial employment under
the Government, it being a matter of experience that Indians in our
service almost without exception are faithful in the performance of
the duties assigned to them. Such an organization would materially
aid the Army in the accomplishment of a task for which its numerical
strength is sometimes found insufficient.
But while the employment of force for the prevention or repression
of Indian troubles is of occasional necessity, and wise preparation
should be made to that end, greater reliance must be placed on humane
and civilizing agencies for the ultimate solution of what is called
the Indian problem. It may be very difficult and require much
patient effort to curb the unruly spirit of the savage Indian to the
restraints of civilized life, but experience shows that it is not
impossible. Many of the tribes which are now quiet and orderly and
self-supporting were once as savage as any that at present roam
over the plains or in the mountains of the far West, and were then
considered inaccessible to civilizing influences. It may be impossible
to raise them fully up to the level of the white population of the
United States; but we should not forget that they are the aborigines
of the country, and called the soil their own on which our people have
grown rich, powerful, and happy. We owe it to them as a moral duty to
help them in attaining at least that degree of civilization which they
may be able to reach. It is not only our duty, it is also our interest
to do so. Indians who have become agriculturists or herdsmen, and feel
an interest in property, will thenceforth cease to be a warlike and
disturbing element. It is also a well-authenticated fact that Indians
are apt to be peaceable and quiet when their children are at school,
and I am gratified to know, from the expressions of Indians themselves
and from many concurring reports, that there is a steadily increasing
desire, even among Indians belonging to comparatively wild tribes, to
have their children educated. I invite attention to the reports of
the Secretary of the Interior and the Commissioner of Indian Affairs
touching the experiment recently inaugurated, in taking fifty Indian
children, boys and girls, from different tribes, to the Hampton Normal
Agricultural Institute in Virginia, where they are to receive an
elementary English education and training in agriculture and other
useful works, to be returned to their tribes, after the completed
course, as interpreters, instructors, and examples. It is reported
that the officer charged with the selection of those children might
have had thousands of young Indians sent with him had it been possible
to make provision for them. I agree with the Secretary of the
Interior in saying that "the result of this interesting experiment,
if favorable, may be destined to become an important factor in the
advancement of civilization among the Indians."
The question whether a change in the control of the Indian service
should be made was at the last session of Congress referred to a
committee for inquiry and report. Without desiring to anticipate
that report, I venture to express the hope that in the decision of so
important a question the views expressed above may not be lost sight
of, and that the decision, whatever it may be, will arrest further
agitation of this subject, such agitation being apt to produce
a disturbing effect upon the service, as well as on the Indians
themselves.
In the enrollment of the bill making appropriations for sundry civil
expenses, at the last session of Congress, that portion which provided
for the continuation of the Hot Springs Commission was omitted. As
the commission had completed the work of taking testimony on the many
conflicting claims, the suspension of their labors, before determining
the rights of claimants, threatened for a time to embarrass the
interests, not only of the Government, but also of a large number
of the citizens of Hot Springs, who were waiting for final action on
their claims before beginning contemplated improvements. In order
to prevent serious difficulties, which were apprehended, and at
the solicitation of many leading citizens of Hot Springs and others
interested in the welfare of the town, the Secretary of the Interior
was authorized to request the late commissioners to take charge of
the records of their proceedings and to perform such work as could
properly be done by them under such circumstances to facilitate the
future adjudication of the claims at an early day and to preserve
the status of the claimants until their rights should be finally
determined. The late commissioners complied with that request, and
report that the testimony in all the cases has been written out,
examined, briefed, and so arranged as to facilitate an early
settlement when authorized by law. It is recommended that the
requisite authority be given at as early a day in the session
as possible, and that a fair compensation be allowed the late
commissioners for the expense incurred and the labor performed
by them since the 25th of June last.
I invite the attention of Congress to the recommendations made by
the Secretary of the Interior with regard to the preservation of the
timber on the public lands of the United States. The protection of
the public property is one of the first duties of the Government. The
Department of the Interior should therefore be enabled by sufficient
appropriations to enforce the laws in that respect. But this matter
appears still more important as a question of public economy. The
rapid destruction of our forests is an evil fraught with the gravest
consequences, especially in the mountainous districts, where the rocky
slopes, once denuded of their trees, will remain so forever. There
the injury, once done, can not be repaired. I fully concur with
the Secretary of the Interior in the opinion that for this reason
legislation touching the public timber in the mountainous States and
Territories of the West should be especially well considered, and
that existing laws in which the destruction of the forests is not
sufficiently guarded against should be speedily modified. A general
law concerning this important subject appears to me to be a matter of
urgent public necessity.
From the organization of the Government the importance of encouraging
by all possible means the increase of our agricultural productions
has been acknowledged and urged upon the attention of Congress and the
people as the surest and readiest means of increasing our substantial
and enduring prosperity.
The words of Washington are as applicable to-day as when, in his
eighth annual message, he said:
It will not be doubted that, with reference either to
individual or national welfare, agriculture is of primary
importance. In proportion as nations advance in population
and other circumstances of maturity this truth becomes more
apparent, and renders the cultivation of the soil more and
more an object of public patronage. Institutions for promoting
it grow up, supported by the public purse; and to what object
can it be dedicated with greater propriety? Among the means
which have been employed to this end none have been attended
with greater success than the establishment of boards
(composed of proper characters) charged with collecting and
diffusing information, and enabled by premiums and small
pecuniary aids to encourage and assist a spirit of discovery
and improvement. This species of establishment contributes
doubly to the increase of improvement, by stimulating to
enterprise and experiment, and by drawing to a common center
the results everywhere of individual skill and observation
and spreading them thence over the whole nation. Experience
accordingly hath shewn that they are very cheap instruments of
immense national benefits.
The preponderance of the agricultural over any other interest in the
United States entitles it to all the consideration claimed for it by
Washington. About one-half of the population of the United States is
engaged in agriculture. The value of the agricultural products of the
United States for the year 1878 is estimated at $3,000,000,000. The
exports of agricultural products for the year 1877, as appears from
the report of the Bureau of Statistics, were $524,000,000. The great
extent of our country, with its diversity of soil and climate, enables
us to produce within our own borders and by our own labor not only the
necessaries, but most of the luxuries, that are consumed in civilized
countries. Yet, notwithstanding our advantages of soil, climate, and
intercommunication, it appears from the statistical statements in the
report of the Commissioner of Agriculture that we import annually from
foreign lands many millions of dollars worth of agricultural products
which could be raised in our own country.
Numerous questions arise in the practice of advanced agriculture
which can only be answered by experiments, often costly and sometimes
fruitless, which are beyond the means of private individuals and are
a just and proper charge on the whole nation for the benefit of the
nation. It is good policy, especially in times of depression
and uncertainty in other business pursuits, with a vast area of
uncultivated, and hence unproductive, territory, wisely opened to
homestead settlement, to encourage by every proper and legitimate
means the occupation and tillage of the soil. The efforts of
the Department of Agriculture to stimulate old and introduce new
agricultural industries, to improve the quality and increase the
quantity of our products, to determine the value of old or establish
the importance of new methods of culture, are worthy of your careful
and favorable consideration, and assistance by such appropriations of
money and enlargement of facilities as may seem to be demanded by the
present favorable conditions for the growth and rapid development of
this important interest.
The abuse of animals in transit is widely attracting public attention.
A national convention of societies specially interested in the subject
has recently met at Baltimore, and the facts developed, both in regard
to cruelties to animals and the effect of such cruelties upon the
public health, would seem to demand the careful consideration of
Congress and the enactment of more efficient laws for the prevention
of these abuses.
The report of the Commissioner of the Bureau of Education shows
very gratifying progress throughout the country in all the interests
committed to the care of this important office. The report is
especially encouraging with respect to the extension of the advantages
of the common-school system in sections of the country where the
general enjoyment of the privilege of free schools is not yet
attained.
To education more than to any other agency we are to look as the
resource for the advancement of the people in the requisite knowledge
and appreciation of their rights and responsibilities as citizens, and
I desire to repeat the suggestion contained in my former message in
behalf of the enactment of appropriate measures by Congress for
the purpose of supplementing with national aid the local systems of
education in the several States.
Adequate accommodations for the great library, which is overgrowing
the capacity of the rooms now occupied at the Capitol, should be
provided without further delay. This invaluable collection of books,
manuscripts, and illustrative art has grown to such proportions, in
connection with the copyright system of the country, as to demand the
prompt and careful attention of Congress to save it from injury in its
present crowded and insufficient quarters. As this library is national
in its character, and must from the nature of the case increase even
more rapidly in the future than in the past, it can not be doubted
that the people will sanction any wise expenditure to preserve it and
to enlarge its usefulness.
The appeal of the Regents of the Smithsonian Institution for the means
to organize, exhibit, and make available for the public benefit the
articles now stored away belonging to the National Museum I heartily
recommend to your favorable consideration.
The attention of Congress is again invited to the condition of
the river front of the city of Washington. It is a matter of vital
importance to the health of the residents of the national capital,
both temporary and permanent, that the lowlands in front of the city,
now subject to tidal overflow, should be reclaimed. In their present
condition these flats obstruct the drainage of the city and are a
dangerous source of malarial poison. The reclamation will improve the
navigation of the river by restricting, and consequently deepening,
its channel, and is also of importance when considered in connection
with the extension of the public ground and the enlargement of the
park west and south of the Washington Monument. The report of the
board of survey, heretofore ordered by act of Congress, on
the improvement of the harbor of Washington and Georgetown, is
respectfully commended to consideration.
The report of the Commissioners of the District of Columbia presents
a detailed statement of the affairs of the District.
The relative expenditures by the United States and the District for
local purposes is contrasted, showing that the expenditures by the
people of the District greatly exceed those of the General Government.
The exhibit is made in connection with estimates for the requisite
repair of the defective pavements and sewers of the city, which is
a work of immediate necessity; and in the same connection a plan is
presented for the permanent funding of the outstanding securities of
the District.
The benevolent, reformatory, and penal institutions of the District
are all entitled to the favorable attention of Congress. The Reform
School needs additional buildings and teachers. Appropriations which
will place all of these institutions in a condition to become models
of usefulness and beneficence will be regarded by the country as
liberality wisely bestowed.
The Commissioners, with evident justice, request attention to the
discrimination made by Congress against the District in the donation
of land for the support of the public schools, and ask that the same
liberality that has been shown to the inhabitants of the various
States and Territories of the United States may be extended to the
District of Columbia.
The Commissioners also invite attention to the damage inflicted upon
public and private interests by the present location of the depots and
switching tracks of the several railroads entering the city, and ask
for legislation looking to their removal. The recommendations and
suggestions contained in the report will, I trust, receive the careful
consideration of Congress.
Sufficient time has, perhaps, not elapsed since the reorganization
of the government of the District under the recent legislation
of Congress for the expression of a confident opinion as to its
successful operation, but the practical results already attained are
so satisfactory that the friends of the new government may well
urge upon Congress the wisdom of its continuance, without essential
modification, until by actual experience its advantages and defects
may be more fully ascertained.
R.B. HAYES.
SPECIAL MESSAGES.
WASHINGTON, _December 4, 1878_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a declaration respecting trade-marks between the United
States and Brazil, concluded and signed at Rio de Janeiro on the 24th
day of September last.
R.B. HAYES.
WASHINGTON, _December 4, 1878_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a convention revising certain portions of existing
commercial treaties and further extending commercial intercourse
between the United States and Japan, concluded and signed at
Washington on the 25th day of July last.
R.B. HAYES.
WASHINGTON, _December 9, 1878_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretary of State, together
with the copies of papers[21] therein referred to, in compliance with
the resolution of the Senate of the 27th of May last.
R.B. HAYES.
[Footnote 21: Correspondence relative to claims of United States
citizens against Nicaragua.]
WASHINGTON, _December 16, 1878_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the
5th instant, I transmit herewith a report from the Secretary of State,
with its accompanying papers.[22]
R.B. HAYES.
[Footnote 22: Correspondence relative to the expulsion from the German
Umpire of Julius Baumer, a naturalized citizen of the United States.]
EXECUTIVE MANSION, _December 17, 1878_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 5th instant,
requesting the transmission to the Senate of "any information which
may have been received by the Departments concerning postal and
commercial intercourse between the United States and South American
countries, together with any recommendations desirable to be submitted
of measures to be adopted for facilitating and improving such
intercourse," I transmit herewith reports from the Secretary of State
and the Postmaster-General, with accompanying papers.
The external commerce of the United States has for many years been
the subject of solicitude because of the outward drain of the precious
metals it has caused. For fully twenty years previous to 1877 the
shipment of gold was constant and heavy--so heavy during the entire
period of the suspension of specie payments as to preclude the hope of
resumption safely during its continuance. In 1876, however, vigorous
efforts were made by enterprising citizens of the country, and have
since been continued, to extend our general commerce with foreign
lands, especially in manufactured articles, and these efforts have
been attended with very marked success.
The importation of manufactured goods was at the same time reduced in
an equal degree, and the result has been an extraordinary reversal
of the conditions so long prevailing and a complete cessation of
the outward drain of gold. The official statement of the values
represented in foreign commerce will show the unprecedented magnitude
to which the movement has attained, and the protection thus secured to
the public interests at the time when commercial security has become
indispensable.
The agencies through which this change has been effected must be
maintained and strengthened if the future is to be made secure. A
return to excessive imports or to a material decline in export trade
would render possible a return to the former condition of adverse
balances, with the inevitable outward drain of gold as a necessary
consequence. Every element of aid to the introduction of the
products of our soil and manufactures into new markets should be made
available. At present such is the favor in which many of the products
of the United States are held that they obtain a remunerative
distribution, notwithstanding positive differences of cost resulting
from our defective shipping and the imperfection of our arrangements
in every respect, in comparison with those of our competitors, for
conducting trade with foreign markets.
If we have equal commercial facilities, we need not fear competition
anywhere.
The laws have now directed a resumption of financial equality with
other nations, and have ordered a return to the basis of coin values.
It is of the greatest importance that the commercial condition now
fortunately attained shall be made permanent, and that our rapidly
increasing export trade shall not be allowed to suffer for want of the
ordinary means of communication with other countries.
The accompanying reports contain a valuable and instructive summary of
information with respect to our commercial interests in South America,
where an inviting field for the enterprise of our people is presented.
They are transmitted with the assurance that any measures that may be
enacted in furtherance of these important interests will meet with my
cordial approval.
R.B. HAYES.
EXECUTIVE MANSION, _Washington, January 7, 1879._
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 4th
of December last, I transmit herewith a report from the Secretary of
State, with its accompanying papers.[23]
R.B. HAYES.
[Footnote 23: Correspondence relative to commercial relations with
Mexico.]
WASHINGTON, _January 13, 1879._
_To the Senate of the United States_:
In answer to a resolution of the Senate of the 3d of June last,
requesting a copy of correspondence between this Government and that
of Her Britannic Majesty in regard to inviting other maritime powers
to accede to the three rules of neutrality laid down in Article VI
of the treaty of May 8, 1871, I transmit herewith a report of the
Secretary of State, together with its accompanying papers.
R.B. HAYES.
EXECUTIVE MANSION, _January 20, 1879._
_To the Senate of the United States_:
In answer to a resolution of the Senate of the 17th of June last,
requesting the Commissioner of Agriculture to send to the Senate
certain reports on sheep husbandry, copies of the same, with
accompanying papers, received from the Commissioner of Agriculture for
this purpose, are herewith transmitted.
R.B. HAYES.
EXECUTIVE MANSION, _January 20, 1879._
_To the House of Representatives_:
In answer to resolution of the House of Representatives of the 16th
instant, requesting the Commissioner of Agriculture to forward to the
House any facts or statistics in his office on the subject of forestry
not heretofore reported, copies of the same, with accompanying
papers, received from the Commissioner for this purpose, are herewith
transmitted.
R.B. HAYES.
WASHINGTON, D.C., _January 23, 1879._
_To the House of Representatives_:
In answer to a resolution of the 25th of May last, requesting
information respecting the claim of Messrs. Carlos Butterfield & Co.
against the Government of Denmark, I transmit herewith to the House
of Representatives a report of the Secretary of State and its
accompanying papers.
R.B. HAYES.
WASHINGTON, _January 24, 1879_.
_To the House of Representatives_:
In answer to a resolution of the House of Representatives of the 7th
instant, I transmit herewith a report[24] from the Secretary of State,
with its accompanying papers.
R.B. HAYES.
[Footnote 24: Relating to the claim of John C. Landreau against the
Government of Peru.]
EXECUTIVE MANSION, _January 24, 1879_.
_To the Senate and House of Representatives_:
I transmit herewith, for the consideration of Congress, copies of
a report and accompanying papers received from the Secretary of the
Interior, upon a communication addressed to the President of the
United States in behalf of a certain claim of the Choctaw Nation
arising under the provisions of the Choctaw and Chickasaw treaty of
June 22, 1855.
R.B. HAYES.
EXECUTIVE MANSION, _January 31, 1879_.
_To the Senate of the United States_:
I transmit herewith a letter of the Secretary of the Treasury, in
relation to the suspension of the late collector and naval officer of
the port of New York, with accompanying documents.
In addition thereto I respectfully submit the following observations:
The custom-house in New York collects more than two-thirds of all the
customs revenues of the Government. Its administration is a matter not
of local interest merely, but is of great importance to the people
of the whole country. For a long period of time it has been used to
manage and control political affairs.
The officers suspended by me are and for several years have been
engaged in the active personal management of the party politics of
the city and State of New York. The duties of the offices held by
them have been regarded as of subordinate importance to their partisan
work. Their offices have been conducted as part of the political
machinery under their control. They have made the custom-house a
center of partisan political management. The custom-house should be
a business office. It should be conducted on business principles.
General James, the postmaster of New York City, writing on this
subject, says:
The post-office is a business institution, and should be run as such.
It is my deliberate judgment that I and my subordinates can do more
for the party of our choice by giving the people of this city a
good and efficient postal service than by controlling primaries or
dictating nominations.
The New York custom-house should be placed on the same footing
with the New York post-office. But under the suspended officers the
custom-house would be one of the principal political agencies in the
State of New York. To change this, they profess to believe, would be,
in the language of Mr. Cornell in his response, "to surrender their
personal and political rights."
Convinced that the people of New York and of the country generally
wish the New York custom-house to be administered solely with a view
to the public interest, it is my purpose to do all in my power
to introduce into this great office the reforms which the country
desires.
With my information of the facts in the case, and with a deep sense
of the responsible obligation imposed upon me by the Constitution "to
take care that the laws be faithfully executed," I regard it as
my plain duty to suspend the officers in question and to make the
nominations now before the Senate, in order that this important office
may be honestly and efficiently administered.
R.B. HAYES.
WASHINGTON, _February 6, 1879_.
_To the Senate of the United States_:
I transmit herewith, for the information of Congress, a report from
the Secretary of State, with the accompanying papers therein referred
to, in relation to the proceedings of the International Monetary
Conference held at Paris in August, 1878.
R.B. HAYES.
EXECUTIVE MANSION, _February 8, 1879_.
_To the Senate and House of Representatives_:
I transmit herewith, for the consideration of Congress, the report of
the commission appointed under the provisions of the act approved
May 3, 1878, entitled "An act authorizing the President of the United
States to make certain negotiations with the Ute Indians in the
State of Colorado," with copies of letters from the Secretary of the
Interior and the Commissioner of Indian Affairs, and accompanying
documents.
R.B. HAYES.
WASHINGTON, D.C., _February 15, 1879_.
_To the Senate and House of Representatives_:
I transmit herewith report from the Secretary of State, and
accompanying papers, in relation to proceedings of the International
Prison Congress of Stockholm, held in August last.
R.B. HAYES.
WASHINGTON, D.C., _February 18, 1879_.
_To the House of Representatives_:
I transmit herewith a report from the Secretary of State, dated the
17th instant, in relation to the destruction of the bark _Forest
Belle_ in Chinese waters in March last, submitted in compliance with
the resolution of the House of Representatives of February 4, 1879.
R.B. HAYES.
EXECUTIVE MANSION, _February 21, 1879_.
_To the Senate and House of Representatives_:
Referring to my communication to Congress under date of the 8th
instant, transmitting the report of the commission appointed under the
act entitled "An act authorizing the President of the United States
to make certain negotiations with the Ute Indians in the State of
Colorado," I submit herewith a copy of a letter from the Secretary of
the Interior and additional papers upon the same subject.
R.B. HAYES.
WASHINGTON, _February 28, 1879_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretary of State, with its
accompanying papers, submitted in pursuance of a resolution of the
Senate of the 20th instant, in relation to railroads in Mexico.
R.B. HAYES.
WASHINGTON, _March 3, 1879._
_To the Senate and House of Representatives_:
I have received from the United States Centennial Commission their
final report, presenting a full exhibit of the result of the United
States Centennial Celebration and Exhibition of 1876, as required by
the act of June 1, 1872.
In transmitting this report for the consideration of Congress, I
express, I believe, the general judgment of the country, as well as my
own, in assigning to this exhibition a measure of success gratifying
to the pride and patriotism of our people and full of promise to the
great industrial and commercial interests of the nation. The very
ample and generous contributions which the foreign nations made to
the splendor and usefulness of the exhibition and the cordiality with
which their representatives took part in our national commemoration
deserve our profound acknowledgments. At this close of the great
services rendered by the United States Centennial Commission and the
Centennial board of finance, it gives me great pleasure to commend
to your attention and that of the people of the whole country the
laborious, faithful, and prosperous performances of their duties which
have marked the administration of their respective trusts.
R.B. HAYES.
VETO MESSAGE.
EXECUTIVE MANSION, _March 1, 1879._
_To the House of Representatives_:
After a very careful consideration of House bill 2423, entitled "An
act to restrict the immigration of Chinese to the United States,"
I herewith return it to the House of Representatives, in which it
originated, with my objections to its passage.
The bill, as it was sent to the Senate from the House of
Representatives, was confined in its provisions to the object named
in its title, which is that of "An act to restrict the immigration of
Chinese to the United States." The only means adopted to secure the
proposed object was the limitation on the number of Chinese passengers
which might be brought to this country by any one vessel to fifteen;
and as this number was not fixed in any proportion to the size
or tonnage of the vessel or by any consideration of the safety or
accommodation of these passengers, the simple purpose and effect of
the enactment were to repress this immigration to an extent falling
but little short of its absolute exclusion.
The bill, as amended in the Senate and now presented to me, includes
an independent and additional provision which aims at and in terms
requires the abrogation by this Government of Articles V and VI of the
treaty with China commonly called the Burlingame treaty, through the
action of the Executive enjoined by this provision of the act.
The Burlingame treaty, of which the ratifications were exchanged at
Peking November 23, 1869, recites as the occasion and motive of its
negotiation by the two Governments that "since the conclusion of the
treaty between the United States of America and the Ta Tsing Empire
(China) of the 18th of June, 1858, circumstances have arisen showing
the necessity of additional articles thereto," and proceeds to
an agreement as to said additional articles. These negotiations,
therefore, ending by the signature of the additional articles July
28, 1868, had for their object the completion of our treaty rights
and obligations toward the Government of China by the incorporation
of these new articles as thenceforth parts of the principal treaty
to which they are made supplemental. Upon the settled rules of
interpretation applicable to such supplemental negotiations the text
of the principal treaty and of these "additional articles thereto"
constitute one treaty from the conclusion of the new negotiations, in
all parts of equal and concurrent force and obligation between the
two Governments, and to all intents and purposes as if embraced in one
instrument.
The principal treaty, of which the ratifications were exchanged August
16, 1859, recites that "the United States of America and the Ta Tsing
Empire, desiring to maintain firm, lasting, and sincere friendship,
have resolved to renew, in a manner clear and positive, by means of a
treaty or general convention of peace, amity, and commerce, the rules
which shall in future be mutually observed in the intercourse of their
respective countries," and proceeds in its thirty articles to lay out
a careful and comprehensive system for the commercial relations of our
people with China. The main substance of all the provisions of this
treaty is to define and secure the rights of our people in respect
of access to, residence and protection in, and trade with China. The
actual provisions in our favor in these respects were framed to be,
and have been found to be, adequate and appropriate to the interests
of our commerce, and by the concluding article we receive the
important guaranty that--
Should at any time the Ta Tsing Empire grant to any nation, or the
merchants or citizens of any nation, any right, privilege, or favor,
connected either with navigation, commerce, political or other
intercourse, which is not conferred by this treaty, such right,
privilege, and favor shall at once freely inure to the benefit of
the United States, its public officers, merchants, and citizens.
Against this body of stipulations in our favor and this permanent
engagement of equality in respect of all future concessions to foreign
nations the general promise of permanent peace and good offices on
our part seems to be the only equivalent. For this the first article
undertakes as follows:
There shall be, as there have always been, peace and friendship
between the United States of America and the Ta Tsing Empire, and
between their people respectively. They shall not insult or oppress
each other for any trifling cause, so as to produce an estrangement
between them; and if any other nation should act unjustly or
oppressively, the United States will exert their good offices, on
being informed of the case, to bring about an amicable arrangement
of the question, thus showing their friendly feelings.
At the date of the negotiation of this treaty our Pacific possessions
had attracted a considerable Chinese emigration, and the advantages
and the inconveniences felt or feared therefrom had become more or
less manifest; but they dictated no stipulations on the subject to be
incorporated in the treaty. The year 1868 was marked by the striking
event of a spontaneous embassy from the Chinese Empire, headed by
an American citizen, Anson Burlingame, who had relinquished his
diplomatic representation of his own country in China to assume that
of the Chinese Empire to the United States and the European nations.
By this time the facts of the Chinese immigration and its nature and
influences, present and prospective, had become more noticeable and
were more observed by the population immediately affected and by this
Government. The principal feature of the Burlingame treaty was its
attention to and its treatment of the Chinese immigration and the
Chinese as forming, or as they should form, a part of our population.
Up to this time our uncovenanted hospitality to immigration, our
fearless liberality of citizenship, our equal and comprehensive
justice to all inhabitants, whether they abjured their foreign
nationality or not, our civil freedom, and our religious toleration
had made all comers welcome, and under these protections the Chinese
in considerable numbers had made their lodgment upon our soil.
The Burlingame treaty undertakes to deal with this situation, and its
fifth and sixth articles embrace its most important provisions in this
regard and the main stipulations in which the Chinese Government has
secured an obligatory protection of its subjects within our territory.
They read as follows:
ART. V. The United States of America and the Emperor of China
cordially recognize the inherent and inalienable right of man to
change his home and allegiance, and also the mutual advantage of
the free migration and emigration of their citizens and subjects
respectively from the one country to the other for purposes of
curiosity, of trade, or as permanent residents. The high contracting
parties therefore join in reprobating any other than an entirely
voluntary emigration for these purposes. They consequently agree to
pass laws making it a penal offense for a citizen of the United States
or Chinese subjects to take Chinese subjects either to the United
States or to any other foreign country, or for a Chinese subject or
citizen of the United States to take citizens of the United States
to China or to any other foreign country, without their free and
voluntary consent, respectively.
ART. VI. Citizens of the United States visiting or residing in China
shall enjoy the same privileges, immunities, or exemptions in respect
to travel or residence as may there be enjoyed by the citizens or
subjects of the most favored nation, and, reciprocally, Chinese
subjects visiting or residing in the United States shall enjoy the
same privileges, immunities, and exemptions in respect to travel or
residence as may there be enjoyed by the citizens or subjects of the
most favored nation. But nothing herein contained shall be held to
confer naturalization upon citizens of the United States in China,
nor upon the subjects of China in the United States.
An examination of these two articles in the light of the experience
then influential in suggesting their "necessity" will show that the
fifth article was framed in hostility to what seemed the principal
mischief to be guarded against, to wit, the introduction of Chinese
laborers by methods which should have the character of a forced and
servile importation, and not of a voluntary emigration of freemen
seeking our shores upon motives and in a manner consonant with the
system of our institutions and approved by the experience of the
nation. Unquestionably the adhesion of the Government of China to
these liberal principles of freedom in emigration, with which we were
so familiar and with which we were so well satisfied, was a great
advance toward opening that Empire to our civilization and religion,
and gave promise in the future of greater and greater practical
results in the diffusion throughout that great population of our arts
and industries, our manufactures, our material improvements, and the
sentiments of government and religion which seem to us so important to
the welfare of mankind. The first clause of this article secures this
acceptance by China of the American doctrines of free migration to and
fro among the peoples and races of the earth.
The second clause, however, in its reprobation of "any other than an
entirely voluntary emigration" by both the high contracting parties,
and in the reciprocal obligations whereby we secured the solemn and
unqualified engagement on the part of the Government of China "to pass
laws making it a penal offense for a citizen of the United States or
Chinese subjects to take Chinese subjects either to the United States
or to any other foreign country without their free and voluntary
consent," constitutes the great force and value of this article. Its
importance both in principle and in its practical service toward our
protection against servile importation in the guise of immigration can
not be overestimated. It commits the Chinese Government to active and
efficient measures to suppress this iniquitous system, where those
measures are most necessary and can be most effectual. It gives to
this Government the footing of a treaty right to such measures and
the means and opportunity of insisting upon their adoption and
of complaint and resentment at their neglect. The fifth article,
therefore, if it fall short of what the pressure of the later
experience of our Pacific States may urge upon the attention of this
Government as essential to the public welfare, seems to be in the
right direction and to contain important advantages which once
relinquished can not be easily recovered.
The second topic which interested the two Governments under the actual
condition of things which prompted the Burlingame treaty was adequate
protection, under the solemn and definite guaranties of a treaty,
of the Chinese already in this country and those who should seek
our shores. This was the object, and forms the subject of the sixth
article, by whose reciprocal engagement the citizens and subjects of
the two Governments, respectively, visiting or residing in the
country of the other are secured the same privileges, immunities,
or exemptions there enjoyed by the citizens or subjects of the most
favored nations. The treaty of 1858, to which these articles are made
supplemental, provides for a great amount of privilege and protection,
both of person and property, to American citizens in China, but it is
upon this sixth article that the main body of the treaty rights
and securities of the Chinese already in this country depends. Its
abrogation, were the rest of the treaty left in force, would leave
them to such treatment as we should voluntarily accord them by our
laws and customs. Any treaty obligation would be wanting to restrain
our liberty of action toward them, or to measure or sustain the right
of the Chinese Government to complaint or redress in their behalf.
The lapse of ten years since the negotiation of the Burlingame treaty
has exhibited to the notice of the Chinese Government, as well as to
our own people, the working of this experiment of immigration in great
numbers of Chinese laborers to this country, and their maintenance
here of all the traits of race, religion, manners, and customs,
habitations, mode of life, segregation here, and the keeping up of
the ties of their original home, which stamp them as strangers and
sojourners, and not as incorporated elements of our national life and
growth. This experience may naturally suggest the reconsideration of
the subject as dealt with by the Burlingame treaty, and may properly
become the occasion of more and circumspect recognition, in renewed
negotiations, of the difficulties surrounding this political and
social problem. It may well be that, to the apprehension of the
Chinese Government no less than our own, the simple provisions of the
Burlingame treaty may need to be replaced by more careful methods,
securing the Chinese and ourselves against a larger and more rapid
infusion of this foreign race than our system of industry and
society can take up and assimilate with ease and safety. This ancient
Government, ruling a polite and sensitive people, distinguished by
a high sense of national pride, may properly desire an adjustment of
their relations with us which would in all things confirm and in no
degree endanger the permanent peace and amity and the growing commerce
and prosperity which it has been the object and the effect of our
existing treaties to cherish and perpetuate.
I regard the very grave discontents of the people of the Pacific
States with the present working of the Chinese immigration, and their
still graver apprehensions therefrom in the future, as deserving
the most serious attention of the people of the whole country and a
solicitous interest on the part of Congress and the Executive. If this
were not my own judgment, the passage of this bill by both Houses of
Congress would impress upon me the seriousness of the situation, when
a majority of the representatives of the people of the whole country
had thought fit to justify so serious a measure of relief.
The authority of Congress to terminate a treaty with a foreign power
by expressing the will of the nation no longer to adhere to it is
as free from controversy under our Constitution as is the further
proposition that the power of making new treaties or modifying
existing treaties is not lodged by the Constitution in Congress, but
in the President, by and with the advice and consent of the Senate, as
shown by the concurrence of two-thirds of that body. A denunciation of
a treaty by any government is confessedly justifiable only upon some
reason both of the highest justice and of the highest necessity. The
action of Congress in the matter of the French treaties in 1798, if
it be regarded as an abrogation by this nation of a subsisting treaty,
strongly illustrates the character and degree of justification which
was then thought suitable to such a proceeding. The preamble of the
act recites that the--
Treaties concluded between the United States and France have been
repeatedly violated on the part of the French Government, and the
just claims of the United States for reparation of the injuries
so committed have been refused, and their attempts to negotiate an
amicable adjustment of all complaints between the two nations have
been repelled with indignity.
And that--
Under authority of the French Government there is yet pursued against
the United States a system of predatory violence, infracting the said
treaties and hostile to the rights of a free and independent nation.
The enactment, as a logical consequence of these recited facts,
declares--
That the United States are of right freed and exonerated from the
stipulations of the treaties and of the consular convention heretofore
concluded between the United States and France, and that the same
shall not henceforth be regarded as legally obligatory on the
Government or citizens of the United States.
The history of the Government shows no other instance of an abrogation
of a treaty by Congress.
Instances have sometimes occurred where the ordinary legislation
of Congress has, by its conflict with some treaty obligation of the
Government toward a foreign power, taken effect as an _infraction_
of the treaty, and been judicially declared to be operative to that
result; but neither such legislation nor such judicial sanction of the
same has been regarded as an _abrogation_, even for the moment, of
the treaty. On the contrary, the treaty in such case still subsists
between the governments, and the casual infraction is repaired by
appropriate satisfaction in maintenance of the treaty.
The bill before me does not enjoin upon the President the abrogation
of the entire Burlingame treaty, much less of the principal treaty of
which it is made the supplement. As the power of modifying an existing
treaty, whether by adding or striking out provisions, is a part of
the treaty-making power under the Constitution, its exercise is not
competent for Congress, nor would the assent of China to this partial
abrogation of the treaty make the action of Congress in thus procuring
an amendment of a treaty a competent exercise of authority under the
Constitution. The importance, however, of this special consideration
seems superseded by the principle that a denunciation of a part of a
treaty not made by the terms of the treaty itself separable from
the rest is a denunciation of the whole treaty. As the other high
contracting party has entered into no treaty obligations except such
as include the part denounced, the denunciation by one party of the
part necessarily liberates the other party from the whole treaty.
I am convinced that, whatever urgency might in any quarter or by any
interest be supposed to require an instant suppression of further
immigration from China, no reasons can require the immediate
withdrawal of our treaty protection of the Chinese already in this
country, and no circumstances can tolerate an exposure of our citizens
in China, merchants or missionaries, to the consequences of so sudden
an abrogation of their treaty protection. Fortunately, however, the
actual recession in the flow of the emigration from China to the
Pacific Coast, shown by trustworthy statistics, relieves us from any
apprehension that the treatment of the subject in the proper course of
diplomatic negotiations will introduce any new features of discontent
or disturbance among the communities directly affected. Were such
delay fraught with more inconveniences than have ever been suggested
by the interests most earnest in promoting this legislation, I can not
but regard the summary disturbance of our existing treaties with
China as greatly more inconvenient to much wider and more permanent
interests of the country.
I have no occasion to insist upon the more general considerations of
interest and duty which sacredly guard the faith of the nation, in
whatever form of obligation it may have been given. These sentiments
animate the deliberations of Congress and pervade the minds of our
whole people. Our history gives little occasion for any reproach in
this regard; and in asking the renewed attention of Congress to this
bill I am persuaded that their action will maintain the public duty
and the public honor.
R.B. HAYES.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the final adjournment of the Forty-fifth Congress without
making the usual and necessary appropriations for the legislative,
executive, and judicial expenses of the Government for the fiscal
year ending June 30, 1880, and without making the usual and necessary
appropriations for the support of the Army for the same fiscal year,
presents an extraordinary occasion requiring the President to exercise
the power vested in him by the Constitution to convene the Houses
of Congress in anticipation of the day fixed by law for their next
meeting:
Now, therefore, I, Rutherford B. Hayes, President of the United
States, do, by virtue of the power to this end in me vested by the
Constitution, convene both Houses of Congress to assemble at their
respective chambers at 12 o'clock noon on Tuesday, the 18th day of
March instant, then and there to consider and determine such measures
as in their wisdom their duty and the welfare of the people may seem
to demand.
[SEAL.]
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 4th day of March, A.D. 1879, and
of the Independence of the United States of America the one hundred
and third.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
SPECIAL SESSION MESSAGE.
WASHINGTON, _March 19, 1879_.
_Fellow-Citizens of the Senate and House of Representatives:_
The failure of the last Congress to make the requisite appropriations
for legislative and judicial purposes, for the expenses of the several
Executive Departments of the Government, and for the support of
the Army has made it necessary to call a special session of the
Forty-sixth Congress.
The estimates of the appropriations needed which were sent to Congress
by the Secretary of the Treasury at the opening of the last session
are renewed, and are herewith transmitted to both the Senate and the
House of Representatives.
Regretting the existence of the emergency which requires a special
session of Congress at a time when it is the general judgment of the
country that the public welfare will be best promoted by permanency in
our legislation and by peace and rest, I commend these few necessary
measures to your considerate attention.
RUTHERFORD B. HAYES.
SPECIAL MESSAGES.
WASHINGTON, _March 20, 1879_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 3d instant,
calling for the reports of Gustavus Goward on the Samoan Islands,
I transmit herewith a report from the Secretary of State, with the
accompanying papers.
R.B. HAYES.
EXECUTIVE MANSION, _April 18, 1879_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 15th instant, I
transmit herewith a copy of the report of the commission appointed by
the President on the 15th of March, 1872, relating to the different
interoceanic canal surveys and the practicability of the construction
of a ship canal across this continent.
R.B. HAYES.
EXECUTIVE MANSION, _May 15, 1879_.
_To the Senate of the United States_:
In response to a resolution of the Senate of the 7th instant,
requesting information in reference to an alleged occupation of a
portion of the Indian Territory by white settlers, etc., I transmit
herewith a copy of my proclamation dated April 26, 1879;[25] also
copies of the correspondence and papers on file and of record in the
Department of the Interior and the War Department touching the subject
of the resolution.
R.B. HAYES.
[Footnote 25: See pp. 547-548.]
EXECUTIVE MANSION, _May 26, 1879_.
_To the Senate of the United States_:
In response to a resolution of the Senate of the 14th instant,
I transmit herewith a communication[26] from the Secretary of the
Interior and accompanying papers.
R.B. HAYES.
[Footnote 26: Relating to lands in the Indian Territory acquired by the
treaties of 1866.]
EXECUTIVE MANSION, _June 5, 1879_.
_To the Senate and House of Representatives_:
I transmit herewith the "proceedings and report" of the board of
officers convened by Special Orders, No. 78, Headquarters of the
Army, Washington, April 12, 1878, in the case of Fitz John Porter. The
report of the board was made in March last, but the official record of
the proceedings did not reach me until the 3d instant.
I have given to this report such examination as satisfies me that
I ought to lay the proceedings and conclusions of the board before
Congress. As I am without power, in the absence of legislation, to act
upon the recommendations of the report further than by submitting the
same to Congress, the proceedings and conclusions of the board are
transmitted for the information of Congress and such action as in your
wisdom shall seem expedient and just.
R.B. HAYES.
WASHINGTON, _June 13, 1879_.
_To the House of Representatives_:
I transmit herewith, in compliance with the resolution of the House
of Representatives of the 29th ultimo, a report of the Secretary of
State relative to the steps taken by this Government to promote the
establishment of an interoceanic canal across or near the Isthmus of
Darien.
R.B. HAYES.
WASHINGTON, _June 23, 1879_.
_To the Senate of the United States_:
I transmit herewith to the Senate a report from the Secretary
of State, in response to a resolution of that body of the 20th
instant, calling for the proceedings and accompanying papers of
the International Silver Conference held in Paris in 1878.
R.B. HAYES.
EXECUTIVE MANSION, _June 30, 1879_.
_To the Senate and House of Representatives_:
The bill making provision for the payment of the fees of United States
marshals and their general deputies, which I have this day returned
to the House of Representatives, in which it originated, with my
objections,[27] having upon its reconsideration by that body failed
to become a law, I respectfully call your attention to the immediate
necessity of making some adequate provision for the due and efficient
execution by the marshals and deputy marshals of the United States of
the constant and important duties enjoined upon them by the existing
laws. All appropriations to provide for the performance of these
indispensable duties expire to-day. Under the laws prohibiting public
officers from involving the Government in contract liabilities beyond
actual appropriations, it is apparent that the means at the disposal
of the executive department for executing the laws through the
regular ministerial officers will after to-day be left inadequate. The
suspension of these necessary functions in the orderly administration
of the first duties of government for the shortest period is
inconsistent with the public interests, and at any moment may prove
inconsistent with the public safety.
It is impossible for me to look without grave concern upon a state of
things which will leave the public service thus unprovided for and
the public interests thus unprotected, and I earnestly urge upon your
attention the necessity of making immediate appropriations for the
maintenance of the service of the marshals and deputy marshals for the
fiscal year which commences to-morrow.
RUTHERFORD B. HAYES.
[Footnote 27: See pp. 545-547.]
WASHINGTON, _July 1, 1879_.
_To the Senate of the United States_:
In answer to a resolution of the Senate of the 28th June, 1879,
requesting a copy of any correspondence which may have passed between
the Department of State and the Republic of Mexico in regard to the
proposed Austin-Topolovampo Railroad survey across the northern States
of that country, I transmit herewith the report of the Secretary of
State upon the subject.
R.B. HAYES.
VETO MESSAGES.
EXECUTIVE MANSION, _April 29, 1879_.
_To the House of Representatives_:
I have maturely considered the important questions presented by the
bill entitled "An act making appropriations for the support of
the Army for the fiscal year ending June 30, 1880, and for other
purposes," and I now return it to the House of Representatives, in
which it originated, with my objections to its approval.
The bill provides in the usual form for the appropriations required
for the support of the Army during the next fiscal year. If it
contained no other provisions, it would receive my prompt approval. It
includes, however, further legislation, which, attached, as it is, to
appropriations which are requisite for the efficient performance
of some of the most necessary duties of the Government, involves
questions of the gravest character. The sixth section of the bill is
amendatory of the statute now in force in regard to the authority of
persons in the civil, military, and naval service of the United States
"at the place where any general or special election is held in any
State." This statute was adopted February 25, 1865, after a protracted
debate in the Senate, and almost without opposition in the House
of Representatives, by the concurrent votes of both of the leading
political parties of the country, and became a law by the approval of
President Lincoln. It was reenacted in 1874 in the Revised Statutes of
the United States, sections 2002 and 5528, which are as follows:
SEC. 2002. No military or naval officer, or other person
engaged in the civil, military, or naval service of the United
States, shall order, bring, keep, or have under his authority
or control any troops or armed men at the place where any
general or special election is held in any State, unless it be
necessary to repel the armed enemies of the United States or
to keep the peace at the polls.
SEC. 5528. Every officer of the Army or Navy, or other person
in the civil, military, or naval service of the United States,
who orders, brings, keeps, or has under his authority or
control any troops or armed men at any place where a general
or special election is held in any State, unless such force
be necessary to repel armed enemies of the United States or
to keep the peace at the polls, shall be fined not more than
$5,000 and surfer imprisonment at hard labor not less than
three months nor more than five years.
The amendment proposed to this statute in the bill before me omits
from both of the foregoing sections the words "or to keep the peace
at the polls," The effect of the adoption of this amendment may be
considered--
First. Upon the right of the United States Government to use military
force to keep the peace at the elections for Members of Congress; and
Second. Upon the right of the Government, by civil authority, to
protect these elections from violence and fraud.
In addition to the sections of the statute above quoted, the following
provisions of law relating to the use of the military power at the
elections are now in force:
SEC. 2003. No officer of the Army or Navy of the United States
shall prescribe or fix, or attempt to prescribe or fix, by
proclamation, order, or otherwise, the qualifications of
voters in any State, or in any manner interfere with the
freedom of any election in any State, or with the exercise of
the free right of suffrage in any State.
SEC. 5529. Every officer or other person in the military or
naval service who, by force, threat, intimidation, order,
advice, or otherwise, prevents, or attempts to prevent, any
qualified voter of any State from freely exercising the right
of suffrage at any general or special election in such State
shall be fined not more than $5,000 and imprisoned at hard
labor not more than five years.
SEC. 5530. Every officer of the Army or Navy who prescribes
or fixes, or attempts to prescribe or fix, whether by
proclamation, order, or otherwise, the qualifications of
voters at any election in any State shall be punished as
provided in the preceding section.
SEC. 5531. Every officer or other person in the military or
naval service who, by force, threat, intimidation, order, or
otherwise, compels, or attempts to compel, any officer holding
an election in any State to receive a vote from a person not
legally qualified to vote, or who imposes, or attempts to
impose, any regulations for conducting any general or special
election in a State different from those prescribed by law, or
who interferes in any manner with any officer of an election
in the discharge of his duty, shall be punished as provided in
section 5529.
SEC. 5532. Every person convicted of any of the offenses
specified in the five preceding sections shall, in addition to
the punishments therein severally prescribed, be disqualified
from holding any office of honor, profit, or trust under
the United States; but nothing in those sections shall be
construed to prevent any officer, soldier, sailor, or marine
from exercising the right of suffrage in any election district
to which he may belong, if otherwise qualified according to
the laws of the State in which he offers to vote.
The foregoing enactments would seem to be sufficient to prevent
military interference with the elections. But the last Congress, to
remove all apprehension of such interference, added to this body of
law section 15 of an act entitled "An act making appropriations for
the support of the Army for the fiscal year ending June 30, 1879, and
for other purposes," approved June 18, 1878, which is as follows:
SEC. 15. From and after the passage of this act it shall not
be lawful to employ any part of the Army of the United States,
as a _posse comitatus_ or otherwise, for the purpose of
executing the laws, except in such cases and under such
circumstances as such employment of said force may be
expressly authorized by the Constitution or by act of
Congress; and no money appropriated by this act shall be used
to pay any of the expenses incurred in the employment of any
troops in violation of this section; and any person willfully
violating the provisions of this section shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be
punished by fine not exceeding $10,000 or imprisonment not
exceeding two years, or by both such fine and imprisonment.
This act passed the Senate, after full consideration, without a single
vote recorded against it on its final passage, and, by a majority
of more than two-thirds, it was concurred in by the House of
Representatives.
The purpose of the section quoted was stated in the Senate by one of
its supporters as follows:
Therefore I hope, without getting into any controversy about
the past, but acting wisely for the future, that we shall
take away the idea that the Army can be used by a general or
special deputy marshal, or any marshal, merely for election
purposes, as a posse, ordering them about the polls or
ordering them anywhere else, when there is an election going
on, to prevent disorders or to suppress disturbances that
should be suppressed by the peace officers of the State; or,
if they must bring others to their aid they should summon the
unorganized citizens, and not summon the officers and men of
the Army as _posse comitatus_ to quell disorders, and thus
get up a feeling which will be disastrous to peace among the
people of the country.
In the House of Representatives the object of the act of 1878 was
stated by the gentleman who had it in charge in similar terms. He
said:
But these are all minor points and insignificant questions
compared with the great principle which was incorporated by
the House in the bill in reference to the use of the Army
in time of peace. The Senate had already conceded what they
called and what we might accept as the principle, but they
had stricken out the penalty, and had stricken out the word
"_expressly_" so that the Army might be used in all cases
where _implied_ authority might be inferred. The House
committee planted themselves firmly upon the doctrine that
rather than yield this fundamental principle, for which for
three years this House had struggled, they would allow
the bill to fail, notwithstanding the reforms which we had
secured, regarding these reforms as of but little consequence
alongside the great principle that the Army of the United
States, in time of peace, should be under the control of
Congress and obedient to its laws. After a long and protracted
negotiation, the Senate committee have conceded that principle
in all its length and breadth, including the penalty, which
the Senate had stricken out. We bring you back, therefore,
a report, with the alteration of a single word, which the
lawyers assure me is proper to be made, restoring to this bill
the principle for which we have contended so long, and which
is so vital to secure the rights and liberties of the people.
* * * * *
Thus have we this day secured to the people of this country
the same great protection against a standing army which cost
a struggle of two hundred years for the Commons of England to
secure for the British people.
From this brief review of the subject it sufficiently appears that
under existing laws there can be no military interference with the
elections. No case of such interference has, in fact, occurred since
the passage of the act last referred to. No soldier of the United
States has appeared under orders at any place of election in any
State. No complaint even of the presence of United States troops has
been made in any quarter. It may therefore be confidently stated
that there is no necessity for the enactment of section 6 of the bill
before me to prevent military interference with the elections. The
laws already in force are all that is required for that end.
But that part of section 6 of this bill which is significant and
vitally important is the clause which, if adopted, will deprive the
civil authorities of the United States of all power to keep the peace
at the Congressional elections. The Congressional elections in every
district, in a very important sense, are justly a matter of political
interest and concern throughout the whole country. Each State, every
political party, is entitled to the share of power which is conferred
by the legal and constitutional suffrage. It is the right of every
citizen possessing the qualifications prescribed by law to cast one
unintimidated ballot and to have his ballot honestly counted. So long
as the exercise of this power and the enjoyment of this right are
common and equal, practically as well as formally, submission to the
results of the suffrage will be accorded loyally and cheerfully, and
all the departments of Government will feel the true vigor of the
popular will thus expressed.
Two provisions of the Constitution authorize legislation by Congress
for the regulation of the Congressional elections.
Section 4 of Article I of the Constitution declares--
The times, places, and manner of holding elections for
Senators and Representatives shall be prescribed in each State
by the legislature thereof; but the Congress may at any time,
by law, make or alter such regulations, except as to the
places of choosing Senators.
The fifteenth amendment of the Constitution is as follows:
SEC. 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by
any State on account of race, color, or previous condition of
servitude.
SEC. 2. The Congress shall have power to enforce this article
by appropriate legislation.
The Supreme Court has held that this amendment invests the citizens of
the United States with a new constitutional right which is within
the protecting power of Congress. That right the court declares to
be exemption from discrimination in the exercise of the elective
franchise on account of race, color, or previous condition of
servitude. The power of Congress to protect this right by appropriate
legislation is expressly affirmed by the court.
National legislation to provide safeguards for free and honest
elections is necessary, as experience has shown, not only to secure
the right to vote to the enfranchised race at the South, but also to
prevent fraudulent voting in the large cities of the North. Congress
has therefore exercised the power conferred by the Constitution, and
has enacted certain laws to prevent discriminations on account of
race, color, or previous condition of servitude, and to punish fraud,
violence, and intimidation at Federal elections. Attention is called
to the following sections of the Revised Statutes of the United
States, viz: