Section 4 of Article I of the Constitution declares--

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:

A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes · 第 1 / 7 章