There is no duty which so much embarrasses the Executive and

heads of Departments as that of appointments, nor is there

any such arduous and thankless labor imposed on Senators and

Representatives as that of finding places for constituents.

The present system does not secure the best men, and often not

even fit men, for public place. The elevation and purification

of the civil service of the Government will be hailed with

approval by the whole people of the United States.

Congress accordingly passed the act approved March 3, 1871, "to

regulate the civil service of the United States and promote the

efficiency thereof," giving the necessary authority to the Executive

to inaugurate a civil-service reform.

Acting under this statute, which was interpreted as intended to secure

a system of just and effectual examinations under uniform supervision,

a number of eminently competent persons were selected for the purpose,

who entered with zeal upon the discharge of their duties, prepared

with an intelligent appreciation of the requirements of the service

the regulations contemplated, and took charge of the examinations, and

who in their capacity as a board have been known as the "Civil Service

Commission." Congress for two years appropriated the money needed for

the compensation and for the expense of carrying on the work of the

Commission.

It appears from the report of the Commission submitted to the

President in April, 1874, that examinations had been held in various

sections of the country, and that an appropriation of about $25,000

would be required to meet the annual expenses, including salaries,

involved in discharging the duties of the Commission. The report was

transmitted to Congress by special message of April 18, 1874, with the

following favorable comment upon the labors of the Commission:

If sustained by Congress, I have no doubt the rules can, after

the experience gained, be so improved and enforced as to still

more materially benefit the public service and relieve the

Executive, members of Congress, and the heads of Departments

from influences prejudicial to good administration. The

rules, as they have hitherto been enforced, have resulted

beneficially, as is shown by the opinions of the members of

the Cabinet and their subordinates in the Departments, and in

that opinion I concur.

And in the annual message of December of the same year similar views

are expressed and an appropriation for continuing the work of the

Commission again advised.

The appropriation was not made, and as a consequence the active work

of the Commission was suspended, leaving the Commission itself still

in existence. Without the means, therefore, of causing qualifications

to be tested in any systematic manner or of securing for the public

service the advantages of competition upon any extensive plan, I

recommended in my annual message of December, 1877, the making of an

appropriation for the resumption of the work of the Commission.

In the meantime, however, competitive examinations, under many

embarrassments, have been conducted within limited spheres in

the Executive Departments in Washington and in a number of the

custom-houses and post-offices of the principal cities of the country,

with a view to further test their effects, and in every instance they

have been found to be as salutary as they are stated to have been

under the Administration of my predecessor. I think the economy,

purity, and efficiency of the public service would be greatly promoted

by their systematic introduction, wherever practicable, throughout the

entire civil service of the Government, together with ample provision

for their general supervision in order to secure consistency and

uniform justice.

Reports from the Secretary of the Interior, from the

Postmaster-General, from the postmaster in the city of New York, where

such examinations have been some time on trial, and also from the

collector of the port, the naval officer, and the surveyor in that

city, and from the postmasters and collectors in several of the other

large cities, show that the competitive system, where applied, has in

various ways contributed to improve the public service.

The reports show that the results have been salutary in a marked

degree, and that the general application of similar rules can not fail

to be of decided benefit to the service.

The reports of the Government officers, in the city of New York

especially, bear decided testimony to the utility of open competitive

examinations in their respective offices, showing that--

These examinations and the excellent qualifications of

those admitted to the service through them have had a marked

incidental effect upon the persons previously in the service,

and particularly upon those aspiring to promotion. There has

been on the part of these latter an increased interest in the

work and a desire to extend acquaintance with it beyond the

particular desk occupied, and thus the morale of the entire

force has been raised. * * * The examinations have been

attended by many citizens, who have had an opportunity to

thoroughly investigate the scope and character of the tests

and the method of determining the results, and those visitors

have without exception approved the methods employed, and

several of them have publicly attested their favorable

opinion.

Upon such considerations I deem it my duty to renew the recommendation

contained in my annual message of December, 1877, requesting Congress

to make the necessary appropriation for the resumption of the work of

the Civil Service Commission. Economy will be promoted by authorizing

a moderate compensation to persons in the public service who may

perform extra labor upon or under the Commission, as the Executive may

direct.

I am convinced that if a just and adequate test of merit is enforced

for admission to the public service and in making promotions such

abuses as removals without good cause and partisan and official

interference with the proper exercise of the appointing power will in

large measure disappear.

There are other administrative abuses to which the attention

of Congress should be asked in this connection. Mere partisan

appointments and the constant peril of removal without cause very

naturally lead to an absorbing and mischievous political activity on

the part of those thus appointed, which not only interferes with the

due discharge of official duty, but is incompatible with the freedom

of elections. Not without warrant in the views of several of my

predecessors in the Presidential office, and directly within the law

of 1871, already cited, I endeavored, by regulation made on the 22d

day of June, 1877, to put some reasonable limits to such abuses. It

may not be easy, and it may never perhaps be necessary, to define with

precision the proper limit of political action on the part of Federal

officers. But while their right to hold and freely express their

opinions can not be questioned, it is very plain that they should

neither be allowed to devote to other subjects the time needed for the

proper discharge of their official duties nor to use the authority of

their office to enforce their own opinions or to coerce the political

action of those who hold different opinions.

Reasons of justice and public policy quite analogous to those which

forbid the use of official power for the oppression of the private

citizen impose upon the Government the duty of protecting its officers

and agents from arbitrary exactions. In whatever aspect considered,

the practice of making levies for party purposes upon the salaries

of officers is highly demoralizing to the public service and

discreditable to the country. Though an officer should be as free as

any other citizen to give his own money in aid of his opinions or his

party, he should also be as free as any other citizen to refuse to

make such gifts. If salaries are but a fair compensation for the time

and labor of the officer, it is gross injustice to levy a tax upon

them. If they are made excessive in order that they may bear the tax,

the excess is an indirect robbery of the public funds.

I recommend, therefore, such a revision and extension of present

statutes as shall secure to those in every grade of official life or

public employment the protection with which a great and enlightened

nation should guard those who are faithful in its service.

Our relations with foreign countries have continued peaceful.

With Great Britain there are still unsettled questions, growing out of

the local laws of the maritime provinces and the action of provincial

authorities deemed to be in derogation of rights secured by treaty

to American fishermen. The United States minister in London has been

instructed to present a demand for $105,305.02 in view of the damages

received by American citizens at Fortune Bay on the 6th day of

January, 1878. The subject has been taken into consideration by the

British Government, and an early reply is anticipated.

Upon the completion of the necessary preliminary examinations the

subject of our participation in the provincial fisheries, as regulated

by treaty, will at once be brought to the attention of the British

Government, with a view to an early and permanent settlement of the

whole question, which was only temporarily adjusted by the treaty of

Washington.

Efforts have been made to obtain the removal of restrictions found

injurious to the exportation of cattle to the United Kingdom.

Some correspondence has also occurred with regard to the rescue and

saving of life and property upon the Lakes, which has resulted in

important modifications of the previous regulations of the Dominion

government on the subject in the interest of humanity and commerce.

In accordance with the joint resolution of the last session of

Congress, commissioners were appointed to represent the United States

at the two international exhibitions in Australia, one of which is

now in progress at Sydney, and the other to be held next year

at Melbourne. A desire has been expressed by our merchants and

manufacturers interested in the important and growing trade with

Australia that an increased provision should be made by Congress for

the representation of our industries at the Melbourne exhibition of

next year, and the subject is respectfully submitted to your favorable

consideration.

The assent of the Government has been given to the landing on the

coast of Massachusetts of a new and independent transatlantic cable

between France, by way of the French island of St. Pierre, and this

country, subject to any future legislation of Congress on the subject.

The conditions imposed before allowing this connection with our shores

to be established are such as to secure its competition with any

existing or future lines of marine cable and preclude amalgamation

therewith, to provide for entire equality of rights to our Government

and people with those of France in the use of the cable, and prevent

any exclusive possession of the privilege as accorded by France to the

disadvantage of any future cable communication between France and the

United States which may be projected and accomplished by our citizens.

An important reduction of the present rates of cable communication

with Europe, felt to be too burdensome to the interests of our

commerce, must necessarily flow from the establishment of this

competing line.

The attention of Congress was drawn to the propriety of some general

regulation by Congress of the whole subject of transmarine cables by

my predecessor in his message of December 7, 1875, and I respectfully

submit to your consideration the importance of Congressional action in

the matter.

The questions of grave importance with Spain growing out of the

incidents of the Cuban insurrection have been for the most part

happily and honorably settled. It may reasonably be anticipated that

the commission now sitting in Washington for the decision of private

cases in this connection will soon be able to bring its labors to a

conclusion.

The long-standing question of East Florida claims has lately been

renewed as a subject of correspondence, and may possibly require

Congressional action for its final disposition.

A treaty with the Netherlands with respect to consular rights and

privileges similar to those with other powers has been signed and

ratified, and the ratifications were exchanged on the 31st of July

last. Negotiations for extradition treaties with the Netherlands and

with Denmark are now in progress.

Some questions with Switzerland in regard to pauper and convict

emigrants have arisen, but it is not doubted that they will be

arranged upon a just and satisfactory basis. A question has also

occurred with respect to an asserted claim by Swiss municipal

authorities to exercise tutelage over persons and property of Swiss

citizens naturalized in this country. It is possible this may require

adjustment by treaty.

With the German Empire frequent questions arise in connection with

the subjects of naturalization and expatriation, but the Imperial

Government has constantly manifested a desire to strictly maintain and

comply with all treaty stipulations in regard to them.

In consequence of the omission of Congress to provide for a diplomatic

representative at Athens, the legation to Greece has been withdrawn.

There is now no channel of diplomatic communication between the two

countries, and the expediency of providing for one in some form is

submitted to Congress.

Relations with Austria, Russia, Italy, Portugal, Turkey, and Belgium

continue amicable, and marked by no incident of especial importance.

A change of the personal head of the Government of Egypt has taken

place. No change, however, has occurred in the relations between

Egypt and the United States. The action of the Egyptian Government in

presenting to the city of New York one of the ancient obelisks, which

possess such historic interest, is highly appreciated as a generous

mark of international regard. If prosperity should attend the

enterprise of its transportation across the Atlantic, its erection in

a conspicuous position in the chief commercial city of the nation will

soon be accomplished.

The treaty recently made between Japan and the United States in regard

to the revision of former commercial treaties it is now believed will

be followed by similar action on the part of other treaty powers. The

attention of Congress is again invited to the subject of the indemnity

funds received some years since from Japan and China, which, with

their accumulated interest, now amount to considerable sums. If any

part of these funds is justly due to American citizens, they should

receive it promptly; and whatever may have been received by this

Government in excess of strictly just demands should in some form be

returned to the nations to whom it equitably belongs.

The Government of China has signified its willingness to consider the

question of the emigration of its subjects to the United States with

a dispassionate fairness and to cooperate in such measures as may

tend to prevent injurious consequences to the United States. The

negotiations are still proceeding, and will be pressed with diligence.

A question having arisen between China and Japan about the Lew Chew

Islands, the United States Government has taken measures to inform

those powers of its readiness to extend its good offices for the

maintenance of peace if they shall mutually deem it desirable and find

it practicable to avail themselves of the proffer.

It is a gratification to be able to announce that, through the

judicious and energetic action of the military commanders of the two

nations on each side of the Rio Grande, under the instructions of

their respective Governments, raids and depredations have greatly

decreased, and in the localities where formerly most destructive

have now almost wholly ceased. In view of this result, I entertain a

confident expectation that the prevalence of quiet on the border will

soon become so assured as to justify a modification of the present

orders to our military commanders as to crossing the border, without

encouraging such disturbances as would endanger the peace of the two

countries.

The third installment of the award against Mexico under the claims

commission of July 4, 1868, was duly paid, and has been put in course

of distribution in pursuance of the act of Congress providing for the

same. This satisfactory situation between the two countries leads me

to anticipate an expansion of our trade with Mexico and an increased

contribution of capital and industry by our people to the development

of the great resources of that country. I earnestly commend to the

wisdom of Congress the provision of suitable legislation looking to

this result.

Diplomatic intercourse with Colombia is again fully restored by the

arrival of a minister from that country to the United States. This

is especially fortunate in view of the fact that the question of an

interoceanic canal has recently assumed a new and important aspect and

is now under discussion with the Central American countries through

whose territory the canal, by the Nicaragua route, would have to pass.

It is trusted that enlightened statesmanship on their part will see

that the early prosecution of such a work will largely inure to

the benefit, not only of their own citizens and those of the United

States, but of the commerce of the civilized world. It is not doubted

that should the work be undertaken under the protective auspices of

the United States, and upon satisfactory concessions for the right of

way and its security by the Central American Governments, the capital

for its completion would be readily furnished from this country and

Europe, which might, failing such guaranties, prove inaccessible.

Diplomatic relations with Chile have also been strengthened by the

reception of a minister from that country.

The war between Peru, Bolivia, and Chile still continues. The United

States have not deemed it proper to interpose in the matter further

than to convey to all the Governments concerned the assurance that

the friendly offices of the Government of the United States for the

restoration of peace upon an honorable basis will be extended in case

the belligerents shall exhibit a readiness to accept them.

Cordial relations continue with Brazil and the Argentine Republic, and

trade with those countries is improving. A provision for regular and

more frequent mail communication, in our own ships, between the

ports of this country and the nations of South America seems to me

to deserve the attention of Congress as an essential precursor of an

enlargement of our commerce with them and an extension of our carrying

trade.

A recent revolution in Venezuela has been followed by the

establishment of a provisional government. This government has not

yet been formally recognized, and it is deemed desirable to await

the proposed action of the people which is expected to give it the

sanction of constitutional forms.

A naval vessel has been sent to the Samoan Islands to make surveys and

take possession of the privileges ceded to the United States by Samoa

in the harbor of Pago-Pago. A coaling station is to be established

there, which will be convenient and useful to United States vessels.

The subject of opening diplomatic relations with Roumania and

Servia, now become independent sovereignties, is at present under

consideration, and is the subject of diplomatic correspondence.

There is a gratifying increase of trade with nearly all European and

American countries, and it is believed that with judicious action in

regard to its development it can and will be still more enhanced and

that American products and manufactures will find new and expanding

markets. The reports of diplomatic and consular officers upon this

subject, under the system now adopted, have resulted in obtaining

much valuable information, which has been and will continue to be laid

before Congress and the public from time to time.

The third article of the treaty with Russia of March 30, 1867,

by which Alaska was ceded to the United States, provides that

the inhabitants of the ceded territory, with the exception of the

uncivilized native tribes, shall be admitted to the enjoyment of all

the rights of citizens of the United States and shall be maintained

and protected in the free enjoyment of their liberty, property,

and religion. The uncivilized tribes are subject to such laws and

regulations as the United States may from time to time adopt in regard

to the aboriginal tribes of that country.

Both the obligations of this treaty and the necessities of the people

require that some organized form of government over the Territory of

Alaska be adopted.

There appears to be no law for the arrest of persons charged with

common-law offenses, such as assault, robbery, and murder, and no

magistrate authorized to issue or execute process in such cases.

Serious difficulties have already arisen from offenses of this

character, not only among the original inhabitants, but among citizens

of the United States and other countries who have engaged in mining,

fishing, and other business operations within the territory. A bill

authorizing the appointment of justices of the peace and constables

and the arrest and detention of persons charged with criminal

offenses, and providing for an appeal to United States courts for

the district of Oregon in suitable cases, will at a proper time be

submitted to Congress.

The attention of Congress is called to the annual report of the

Secretary of the Treasury on the condition of the public finances.

The ordinary revenues from all sources for the fiscal year ended June

30, 1879, were $273,827,184.46; the ordinary expenditures for the same

period were $266,947,883.53, leaving a surplus revenue for the year of

$6,879,300.93.

The receipts for the present fiscal year, ending June 30, 1880, actual

and estimated, are as follows: Actual receipts for the first quarter,

commencing July 1, 1879, $79,843,663.61; estimated receipts for the

remaining three quarters of the year, $208,156,336.39; total receipts

for the current fiscal year, actual and estimated, $288,000,000.

The expenditures for the same period will be, actual and estimated, as

follows: For the quarter commencing July 1, 1879, actual expenditures,

$91,683,385.10; and for the remaining three quarters of the year

the expenditures are estimated at $172,316,614.90, making the total

expenditures $264,000,000, and leaving an estimated surplus revenue

for the year ending June 30, 1880, of $24,000,000. The total receipts

during the next fiscal year, ending June 30, 1881, estimated according

to existing laws, will be $288,000,000, and the estimated ordinary

expenditures for the same period will be $278,097,364.39, leaving a

surplus of $9,902,635.61 for that year.

The large amount expended for arrears of pensions during the last and

the present fiscal year, amounting to $21,747,249.60, has prevented

the application of the full amount required by law to the sinking

fund for the current year; but these arrears having been substantially

paid, it is believed that the sinking fund can hereafter be maintained

without any change of existing law.

The Secretary of War reports that the War Department estimates for the

fiscal year ending June 30, 1881, are $40,380,428.93, the same being

for a less sum of money than any annual estimate rendered to Congress

from that Department during a period of at least twelve years.

He concurs with the General of the Army in recommending such

legislation as will authorize the enlistment of the full number

of 25,000 men for the line of the Army, exclusive of the 3,463 men

required for detached duty, and therefore not available for service in

the field.

He also recommends that Congress be asked to provide by law for

the disposition of a large number of abandoned military posts and

reservations, which, though very valuable in themselves, have been

rendered useless for military purposes by the advance of civilization

and settlement.

He unites with the Quartermaster-General in recommending that an

appropriation be made for the construction of a cheap and perfectly

fireproof building for the safe storage of a vast amount of money

accounts, vouchers, claims, and other valuable records now in the

Quartermaster-General's Office, and exposed to great risk of total

destruction by fire.

He also recommends, in conformity with the views of the

Judge-Advocate-General, some declaratory legislation in reference

to the military statute of limitations as applied to the crime of

desertion.

In these several recommendations I concur.

The Secretary of War further reports that the work for the improvement

of the South Pass of the Mississippi River, under contract with Mr.

James B. Eads, made in pursuance of an act of Congress, has been

prosecuted during the past year with a greater measure of success in

the attainment of results than during any previous year. The channel

through the South Pass, which at the beginning of operations in June,

1875, had a depth of only 7-1/2 feet of water, had on the 8th of July,

1879, a minimum depth of 26 feet, having a width of not less than

200 feet and a central depth of 30 feet. Payments have been made in

accordance with the statute, as the work progressed, amounting in

the aggregate to $4,250,000; and further payments will become due, as

provided by the statute, in the event of success in maintaining the

channel now secured.

The reports of the General of the Army and of his subordinates

present a full and detailed account of the military operations for

the suppression of hostilities among the Indians of the Ute and

Apache tribes, and praise is justly awarded to the officers and troops

engaged for promptness, skill, and courage displayed.

The past year has been one of almost unbroken peace and quiet on the

Mexican frontier, and there is reason to believe that the efforts of

this Government and of Mexico to maintain order in that region will

prove permanently successful.

This Department was enabled during the past year to find temporary,

though crowded, accommodations and a safe depository for a portion of

its records in the completed east wing of the building designed for

the State, War, and Navy Departments. The construction of the north

wing of the building, a part of the structure intended for the use

of the War Department, is being carried forward with all possible

dispatch, and the work should receive from Congress such liberal

appropriations as will secure its speedy completion.

The report of the Secretary of the Navy shows continued improvement

in that branch of the service during the last fiscal year. Extensive

repairs have been made upon vessels, and two new ships have been

completed and made ready for sea.

The total expenditures of the year ended June 30, 1879, including

specific appropriations not estimated for by the Department, were

$13,555,710.09. The expenses chargeable to the year, after deducting

the amount of these specific appropriations, were $13,343,317.79; but

this is subject to a reduction of $283,725.99, that amount having been

drawn upon warrants, but not paid out during the year. The amount of

appropriations applicable to the last fiscal year was $14,538,646.17.

There was, therefore, a balance of $1,479,054.37 remaining unexpended

and to the credit of the Department on June 30, 1879. The estimates

for the fiscal year ending June 30, 1881, are $14,864,147.95, which

exceeds the appropriations for the present fiscal year $361,897.28.

The reason for this increase is explained in the Secretary's

report. The appropriations available for the present fiscal year are

$14,502,250.67, which will, in the opinion of the Secretary, answer

all the ordinary demands of the service. The amount drawn from the

Treasury from July 1 to November 1, 1879 was $5,770,404.12, of which

$1,095,440.33 has been refunded, leaving as the expenditure for that

period $4,674,963.79. If the expenditures of the remaining two-thirds

of the year do not exceed the proportion for these four months, there

will remain unexpended at the end of the year $477,359.30 of the

current appropriations. The report of the Secretary shows the

gratifying fact that among all the disbursing officers of the Pay

Corps of the Navy there is not one who is a defaulter to the extent of

a single dollar. I unite with him in recommending the removal of the

observatory to a more healthful location. That institution reflects

credit upon the nation, and has obtained the approbation of scientific

men in all parts of the world. Its removal from its present location

would not only be conducive to the health of its officers and

professors, but would greatly increase its usefulness.

The appropriation for judicial expenses, which has heretofore been

made for the Department of Justice in gross, was subdivided at the

last session of Congress, and no appropriation whatever was made for

the payment of the fees of marshals and their deputies, either in the

service of process or for the discharge of other duties; and since

June 30 these officers have continued the performance of their duties

without compensation from the Government, taking upon themselves the

necessary incidental outlays, as well as rendering their own services.

In only a few unavoidable instances has the proper execution of the

process of the United States failed by reason of the absence of the

requisite appropriation. This course of official conduct on the part

of these officers, highly creditable to their fidelity, was advised

by the Attorney-General, who informed them, however, that they would

necessarily have to rely for their compensation upon the prospect of

future legislation by Congress. I therefore especially recommend that

immediate appropriation be made by Congress for this purpose.

The act making the principal appropriation for the Department of

Justice at previous sessions has uniformly contained the following

clause:

And for defraying the expenses which may be incurred in the

enforcement of the act approved February 28, 1871, entitled

"An act to amend an act approved May 31, 1870, entitled 'An

act to enforce the rights of citizens of the United States

to vote in the several States of this Union, and for other

purposes,'" or any acts amendatory thereof or supplementary

thereto.

No appropriation was made for this purpose for the current year. As no

general election for Members of Congress occurred, the omission was

a matter of little practical importance. Such election will, however,

take place during the ensuing year, and the appropriation made for

the pay of marshals and deputies should be sufficient to embrace

compensation for the services they may be required to perform at such

elections.

The business of the Supreme Court is at present largely in arrears.

It can not be expected that more causes can be decided than are

now disposed of in its annual session, or that by any assiduity the

distinguished magistrates who compose the court can accomplish more

than is now done. In the courts of many of the circuits also the

business has increased to such an extent that the delay of justice

will call the attention of Congress to an appropriate remedy. It is

believed that all is done in each circuit which can fairly be expected

from its judicial force. The evils arising from delay are less heavily

felt by the United States than by private suitors, as its causes

are advanced by the courts when it is seen that they involve the

discussion of questions of a public character.

The remedy suggested by the Attorney-General is the appointment of

additional circuit judges and the creation of an intermediate court of

errors and appeals, which shall relieve the Supreme Court of a part

of its jurisdiction, while a larger force is also obtained for the

performance of circuit duties.

I commend this suggestion to the consideration of Congress. It would

seem to afford a complete remedy, and would involve, if ten additional

circuit judges are appointed, an expenditure, at the present rate of

salaries, of not more than $60,000 a year, which would certainly be

small in comparison with the objects to be attained.

The report of the Postmaster-General bears testimony to the general

revival of business throughout the country. The receipts of the

Post-Office Department for the fiscal year ended June 30, 1879,

were $30,041,982.86, being $764,465.91 more than the revenues of the

preceding year. The amount realized from the sale of postage stamps,

stamped envelopes, and postal cards was $764,465.91 more than in the

preceding year, and $2,387,559.23 more than in 1877. The expenditures

of the Department were $33,449,899.45, of which the sum of $376,461.63

was paid on liabilities incurred in preceding years.

The expenditures during the year were $801,209.77 less than in the

preceding year. This reduction is to be attributed mainly to the

operation of the law passed June 17, 1878, changing the compensation

of postmasters from a commission on the value of stamps sold to a

commission on stamps canceled.

The amount drawn from the Treasury on appropriations, in addition to

the revenues of the Department, was $3,031,454.96, being $2,276,197.86

less than in the preceding year.

The expenditures for the fiscal year ending June 30, 1881, are

estimated at $39,920,900 and the receipts from all sources at

$32,210,000, leaving a deficiency to be appropriated for out of the

Treasury of $7,710,900.

The relations of the Department with railroad companies have been

harmonized, notwithstanding the general reduction by Congress of their

compensation by the appropriation for special facilities, and the

railway post-office lines have been greatly extended, especially in

the Southern States. The interests of the Railway Mail Service and

of the public would be greatly promoted and the expenditures could be

more readily controlled by the classification of the employees of the

Railway Mail Service as recommended by the Postmaster-General, the

appropriation for salaries, with respect to which the maximum limit is

already fixed by law, to be made in gross.

The Postmaster-General recommends an amendment of the law regulating

the increase of compensation for increased service and increased speed

on star routes, so as to enable him to advertise for proposals for

such increased service and speed. He also suggests the advantages to

accrue to the commerce of the country from the enactment of a general

law authorizing contracts with American-built steamers, carrying the

American flag, for transporting the mail between ports of the United

States and ports of the West Indies and South America, at a fixed

maximum price per mile, the amount to be expended being regulated by

annual appropriations, in like manner with the amount paid for the

domestic star service.

The arrangement made by the Postmaster-General and the Secretary of

the Treasury for the collection of duty upon books received in

the mail from foreign countries has proved so satisfactory in its

practical operation that the recommendation is now made that Congress

shall extend the provisions of the act of March 3, 1879, under which

this arrangement was made, so as to apply to all other dutiable

articles received in the mails from foreign countries.

The reports of the Secretary of the Interior and of the Commissioner

of Indian Affairs, setting forth the present state of our relations

with the Indian tribes on our territory, the measures taken to advance

their civilization and prosperity, and the progress already achieved

by them, will be found of more than ordinary interest. The general

conduct of our Indian population has been so satisfactory that the

occurrence of two disturbances, which resulted in bloodshed and

destruction of property, is all the more to be lamented.

The history of the outbreak on the White River Ute Reservation, in

western Colorado, has become so familiar by elaborate reports in the

public press that its remarkable incidents need not be stated here

in detail. It is expected that the settlement of this difficulty will

lead to such arrangements as will prevent further hostile contact

between the Indians and the border settlements in western Colorado.

The other disturbance occurred at the Mescalero Agency, in New Mexico,

where Victoria, at the head of a small band of marauders, after

committing many atrocities, being vigorously chased by a military

force, made his way across the Mexican border and is now on foreign

soil.

While these occurrences, in which a comparatively small number of

Indians were engaged, are most deplorable, a vast majority of our

Indian population have fully justified the expectations of those who

believe that by humane and peaceful influences the Indian can be led

to abandon the habits of savage life and to develop a capacity for

useful and civilized occupations. What they have already accomplished

in the pursuit of agricultural and mechanical work, the remarkable

success which has attended the experiment of employing as freighters

a class of Indians hitherto counted among the wildest and most

intractable, and the general and urgent desire expressed by them for

the education of their children may be taken as sufficient proof that

they will be found capable of accomplishing much more if they continue

to be wisely and fairly guided. The "Indian policy" sketched in the

report of the Secretary of the Interior, the object of which is to

make liberal provision for the education of Indian youth, to settle

the Indians upon farm lots in severalty, to give them title in fee to

their farms, inalienable for a certain number of years, and when their

wants are thus provided for to dispose by sale of the lands on their

reservations not occupied and used by them, a fund to be formed out

of the proceeds for the benefit of the Indians, which will gradually

relieve the Government of the expenses now provided for by annual

appropriations, must commend itself as just and beneficial to the

Indians, and as also calculated to remove those obstructions which

the existence of large reservations presents to the settlement and

development of the country. I therefore earnestly recommend the

enactment of a law enabling the Government to give Indians a title in

fee, inalienable for twenty-five years, to the farm lands assigned to

them by allotment. I also repeat the recommendation made in my first

annual message, that a law be passed admitting Indians who can give

satisfactory proof of having by their own labor supported their

families for a number of years, and who are willing to detach

themselves from their tribal relations, to the benefit of the

homestead act, and to grant them patents containing the same provision

of inalienability for a certain period.

The experiment of sending a number of Indian children of both sexes to

the Hampton Normal and Agricultural Institute, in Virginia, to receive

an elementary English education and practical instruction in farming

and other useful industries, has led to results so promising that it

was thought expedient to turn over the cavalry barracks at Carlisle,

in Pennsylvania, to the Interior Department for the establishment of

an Indian school on a larger scale. This school has now 158 pupils,

selected from various tribes, and is in full operation. Arrangements

are also made for the education of a number of Indian boys and girls

belonging to tribes on the Pacific Slope in a similar manner, at

Forest Grove, in Oregon. These institutions will commend themselves to

the liberality of Congress and to the philanthropic munificence of the

American people.

Last spring information was received of the organization of an

extensive movement in the Western States, the object of which was

the occupation by unauthorized persons of certain lands in the Indian

Territory ceded by the Cherokees to the Government for the purpose of

settlement by other Indian tribes.

On the 26th of April I issued a proclamation[40] warning all persons

against participation in such an attempt, and by the cooperation of a

military force the invasion was promptly checked. It is my purpose to

protect the rights of the Indian inhabitants of that Territory to the

full extent of the executive power; but it would be unwise to ignore

the fact that a territory so large and so fertile, with a population

so sparse and with so great a wealth of unused resources, will be

found more exposed to the repetition of such attempts as happened

this year when the surrounding States are more densely settled and the

westward movement of our population looks still more eagerly for

fresh lands to occupy. Under such circumstances the difficulty of

maintaining the Indian Territory in its present state will greatly

increase, and the Indian tribes inhabiting it would do well to prepare

for such a contingency. I therefore fully approve of the advice given

to them by the Secretary of the Interior on a recent occasion, to

divide among themselves in severalty as large a quantity of their

lands as they can cultivate; to acquire individual title in fee

instead of their present tribal ownership in common, and to consider

in what manner the balance of their lands may be disposed of by the

Government for their benefit. By adopting such a policy they would

more certainly secure for themselves the value of their possessions,

and at the same time promote their progress in civilization and

prosperity, than by endeavoring to perpetuate the present state of

things in the Territory.

The question whether a change in the control of the Indian service

should be made was in the Forty-fifth Congress referred to a joint

committee of both Houses for inquiry and report. In my last annual

message I expressed the hope that the decision of that question, then

in prospect, would "arrest further agitation of this subject, such

agitation being apt to produce a disturbing effect upon the service as

well as on the Indians themselves." Since then, the committee having

reported, the question has been decided in the negative by a vote in

the House of Representatives.

For the reasons here stated, and in view of the fact that further

uncertainty on this point will be calculated to obstruct other

much-needed legislation, to weaken the discipline of the service, and

to unsettle salutary measures now in progress for the government and

improvement of the Indians, I respectfully recommend that the decision

arrived at by Congress at its last session be permitted to stand.

The efforts made by the Department of the Interior to arrest the

depredations on the timber lands of the United States have been

continued, and have met with considerable success. A large number of

cases of trespass have been prosecuted in the courts of the United

States; others have been settled, the trespassers offering to make

payment to the Government for the value of the timber taken by them.

The proceeds of these prosecutions and settlements turned into the

Treasury far exceed in amount the sums appropriated by Congress for

this purpose. A more important result, however, consists in the fact

that the destruction of our public forests by depredation, although

such cases still occur, has been greatly reduced in extent, and it

is probable that if the present policy is vigorously pursued and

sufficient provision to that end is made by Congress such trespasses,

at least those on a large scale, can be entirely suppressed, except

in the Territories, where timber for the daily requirements of the

population can not, under the present state of the law, be otherwise

obtained. I therefore earnestly invite the attention of Congress to

the recommendation made by the Secretary of the Interior, that a law

be enacted enabling the Government to sell timber from the public

lands without conveying the fee, where such lands are principally

valuable for the timber thereon, such sales to be so regulated as to

conform to domestic wants and business requirements, while at the

same time guarding against a sweeping destruction of the forests. The

enactment of such a law appears to become a more pressing necessity

every day.

My recommendations in former messages are renewed in favor of

enlarging the facilities of the Department of Agriculture. Agriculture

is the leading interest and the permanent industry of our people. It

is to the abundance of agricultural production, as compared with our

home consumption, and the largely increased and highly profitable

market abroad which we have enjoyed in recent years, that we are

mainly indebted for our present prosperity as a people. We must look

for its continued maintenance to the same substantial resource.

There is no branch of industry in which labor, directed by scientific

knowledge, yields such increased production in comparison with

unskilled labor, and no branch of the public service to which the

encouragement of liberal appropriations can be more appropriately

extended. The omission to render such aid is not a wise economy,

but, on the contrary, undoubtedly results in losses of immense sums

annually that might be saved through well-directed efforts by the

Government to promote this vital interest.

The results already accomplished with the very limited means

heretofore placed at the command of the Department of Agriculture is

an earnest of what may be expected with increased appropriations for

the several purposes indicated in the report of the Commissioner, with

a view to placing the Department upon a footing which will enable it

to prosecute more effectively the objects for which it is established.

Appropriations are needed for a more complete laboratory, for the

establishment of a veterinary division and a division of forestry, and

for an increase of force.

The requirements for these and other purposes, indicated in the report

of the Commissioner under the head of the immediate necessities of the

Department, will not involve any expenditure of money that the country

can not with propriety now undertake in the interests of agriculture.

It is gratifying to learn from the Bureau of Education the extent to

which educational privileges throughout the United States have been

advanced during the year. No more fundamental responsibility rests

upon Congress than that of devising appropriate measures of financial

aid to education, supplemental to local action in the States and

Territories and in the District of Columbia. The wise forethought of

the founders of our Government has not only furnished the basis for

the support of the common-school systems of the newer States, but laid

the foundations for the maintenance of their universities and colleges

of agriculture and the mechanic arts. Measures in accordance with this

traditional policy, for the further benefit of all these interests and

the extension of the same advantages to every portion of the country,

it is hoped will receive your favorable consideration.

To preserve and perpetuate the national literature should be among the

foremost cares of the National Legislature. The library gathered at

the Capitol still remains unprovided with any suitable accommodations

for its rapidly increasing stores. The magnitude and importance of the

collection, increased as it is by the deposits made under the law of

copyright, by domestic and foreign exchanges, and by the scientific

library of the Smithsonian Institution, call for building

accommodations which shall be at once adequate and fireproof. The

location of such a public building, which should provide for the

pressing necessities of the present and for the vast increase of the

nation's books in the future, is a matter which addresses itself to

the discretion of Congress. It is earnestly recommended as a measure

which should unite all suffrages and which should no longer be

delayed.

The joint commission created by the act of Congress of August 2, 1876,

for the purpose of supervising and directing the completion of the

Washington National Monument, of which commission the President is a

member, has given careful attention to this subject, and already the

strengthening of the foundation has so far progressed as to insure the

entire success of this part of the work. A massive layer of masonry

has been introduced below the original foundation, widening the base,

increasing the stability of the structure, and rendering it possible

to carry the shaft to completion. It is earnestly recommended that

such further appropriations be made for the continued prosecution

of the work as may be necessary for the completion of this national

monument at an early day.

In former messages, impressed with the importance of the subject,

I have taken occasion to commend to Congress the adoption of a

generous policy toward the District of Columbia. The report of

the Commissioners of the District, herewith transmitted, contains

suggestions and recommendations, to all of which I earnestly invite

your careful attention. I ask your early and favorable consideration

of the views which they express as to the urgent need of legislation

for the reclamation of the marshes of the Potomac and its Eastern

Branch within the limits of the city, and for the repair of the

streets of the capital, heretofore laid with wooden blocks and now by

decay rendered almost impassable and a source of imminent danger

to the health of its citizens. The means at the disposal of the

Commissioners are wholly inadequate for the accomplishment of these

important works, and should be supplemented by timely appropriations

from the Federal Treasury.

The filling of the flats in front of the city will add to the adjacent

lands and parks now owned by the United States a large and valuable

domain, sufficient, it is thought, to reimburse its entire cost, and

will also, as an incidental result, secure the permanent improvement

of the river for the purposes of navigation.

The Constitution having invested Congress with supreme and exclusive

jurisdiction over the District of Columbia, its citizens must of

necessity look to Congress alone for all needful legislation affecting

their interests; and as the territory of this District is the common

property of the people of the United States, who equally with its

resident citizens are interested in the prosperity of their capital,

I can not doubt that you will be amply sustained by the general voice

of the country in any measures you may adopt for this purpose.

I also invite the favorable consideration of Congress to the wants of

the public schools of this District, as exhibited in the report of the

Commissioners. While the number of pupils is rapidly increasing,

no adequate provision exists for a corresponding increase of school

accommodation, and the Commissioners are without the means to meet

this urgent need. A number of the buildings now used for school

purposes are rented, and are in important particulars unsuited for the

purpose. The cause of popular education in the District of Columbia is

surely entitled to the same consideration at the hands of the

National Government as in the several States and Territories, to which

munificent grants of the public lands have been made for the endowment

of schools and universities.

RUTHERFORD B. HAYES.

[Footnote 40: See pp. 547-548.]

SPECIAL MESSAGES.

EXECUTIVE MANSION, _December 19, 1879_.

_To the Senate and House of Representatives_:

I have the honor to transmit herewith a draft of a bill submitted

by the Board of Commissioners of the District of Columbia, entitled

"A bill to provide for the reclamation of the marshes in the harbors

of the cities of Washington and Georgetown, and for other purposes,"

together with the accompanying letter of the president of the board

requesting its transmission to Congress.

The bill embraces a plan for the reclamation of the marshes of the

Potomac River and its Eastern Branch within the limits of the city

of Washington, and is carefully framed with a view to economy in the

prosecution of the work. The attention of Congress is again invited to

the urgent need of legislation for this important work, which has been

so long delayed.

The improvement contemplated is essential to the health of those who

reside, whether permanently or temporarily, at the capital, and to

the safe and convenient navigation of the waters in its vicinity by

vessels employed in the service of the Government and for the purposes

of commerce. It is a measure of more than local benefit. The capital

of the nation should be relieved from every disadvantage which it is

practicable to remove, and should possess every attraction with which

it can be invested by the intelligent and fostering care of those

who are intrusted with its immediate supervision. The people of the

country will sustain and approve the efforts of their representatives

in the discharge of this responsibility.

R.B. HAYES.

EXECUTIVE MANSION, _January 7, 1880_.

_To the Senate of the United States_:

In reply to a resolution of the Senate of December 3, 1879, requesting

the President of the United States to inform the Senate whether

payments have been made to the Ute Indians in accordance with the

fourth article of an agreement made with said Indians September 3,

1873, I transmit herewith a letter from the Secretary of the Interior

and accompanying papers.

R.B. HAYES.

WASHINGTON, _January 12, 1880_.

_To the House of Representatives_:

In answer to resolution of the House of Representatives of the 3d

of December, 1879, relative to the consulate at Hongkong, I transmit

herewith a report from the Secretary of State, with its accompanying

papers.

R.B. HAYES.

EXECUTIVE MANSION, _January 14, 1880_.

_To the House of Representatives_:

I have the honor herewith to transmit the final report of the board

for testing iron, steel, and other metals, with the accompanying

papers. These papers constitute the remainder of the reports made

by the board, which were transmitted by me to the House of

Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,

Forty-fifth Congress, second session).

The United States testing machine at Watertown Arsenal, constructed

for the board, is reported as being of great value in the

determination of data and the solution of problems of interest to the

people of the whole country, and the special attention of Congress

is called to the necessity of an appropriation to enable the War

Department to make use of it. An estimate of $20,000 for the purpose

was submitted to Congress in the last Book of Estimates (see p. 82),

and an appropriation of that sum is respectfully recommended.

The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),

made an appropriation for completing the experiments in testing

iron, steel, and other metals, and provided that the board should

be discontinued from and after the expenditure of the amount

appropriated. In accordance with this legislation, the board ceased to

exist on the 30th of June, 1879.

R.B. HAYES.

EXECUTIVE MANSION, _Washington, January 21, 1880_.

_To the Senate of the United States_:

I transmit, for the consideration of the Senate with a view to

ratification, a convention between the United States of America

and the French Republic for the settlement of certain claims of the

citizens of either country against the other.

R.B. HAYES.

EXECUTIVE MANSION, _January 26, 1880_.

_To the House of Representatives_:

In reply to the resolution of the House of Representatives of the 21st

instant, requesting the Commissioner of Agriculture to furnish all

information which he may have in his possession bearing upon the

culture of the sugar beet, etc., the accompanying letter and report,

received from the Acting Commissioner of Agriculture for this purpose,

are herewith transmitted.

R.B. HAYES.

EXECUTIVE MANSION, _February 5, 1880_.

_To the House of Representatives_:

In reply to a resolution of the House of Representatives of the 3d

instant, requesting the Commissioner of Agriculture to forward any

facts or statistics in his office on the subject of forestry not

heretofore published from his Department, the following report,

received from the Commissioner, upon this subject is hereby

transmitted.

R.B. HAYES.

WASHINGTON, _February 16, 1880_.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives of

the 5th instant, calling for any information which I may have received

of the proceedings of the International Polar Congress convened in

Hamburg, Germany, October 1, 1879, I transmit herewith a report from

the Secretary of State on the subject.

R.B. HAYES.

WASHINGTON, _February 16, 1880_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 19th of

January, 1880, calling for information in relation to claims before

the American-Spanish Claims Commission and the proceedings of the

commission, I transmit herewith a report from the Secretary of State

upon the subject.

R.B. HAYES.

EXECUTIVE MANSION, _February 24, 1880_.

_To the House of Representatives_:

I herewith transmit a communication from the Attorney-General, with

reference to the requisite appropriation for the current fiscal year

for the compensation, of the marshals of the United States, including

their reimbursement for necessary expenditures in the discharge of

their official duties.

R.B. HAYES.

EXECUTIVE MANSION, _February 25, 1880_.

_To the Senate and House of Representatives_:

I have the honor to transmit herewith a preliminary report and a draft

of a bill submitted by the Public Lands Commission authorized by the

act of Congress approved March 3, 1879.

The object of the report and of the bill accompanying it is of such

importance that I respectfully commend it to the prompt and earnest

consideration of Congress.

R.B. HAYES.

WASHINGTON, _February 27, 1880_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 27th ultimo,

I transmit herewith a report from the Secretary of State, with

its papers, relating to the claim of Max. Bromberger against the

Government of Mexico.

R.B. HAYES.

WASHINGTON, _February 27, 1880_.

_To the Senate of the United States_:

I transmit herewith to the Senate, for its consideration with a view

to ratification, a treaty between the Government of the United

States and His Highness Sultan Abdallah, King of Johanna, concerning

commercial intercourse with that independent East African island,

concluded at Johanna Town on the 4th day of October, 1879.

For your better understanding of the subject, I transmit also the

correspondence of Commodore Shufeldt with the Navy Department, which

accompanied the treaty, describing the condition and resources of the

island of Johanna and narrating the progress of the negotiation, which

was undertaken under the general instructions of the Department of

State.

R.B. HAYES.

WASHINGTON, _March 1, 1880_.

_To the Senate and House of Representatives_:

I deem it proper to invite the attention of Congress to the subject of

the unsettled claims of Spanish inhabitants of East Florida during the

years of 1812 and 1813, generally known as the "East Florida claims,"

the settlement of which is provided for by a stipulation found in

Article IX of the treaty of February, 1819, between the United States

and Spain. The provision of the treaty in question which relates to

the subject is the following:

The United States will cause satisfaction to be made for the

injuries, if any, which by process of law shall be established

to have been suffered by the Spanish officers and individual

Spanish inhabitants by the late operations of the American

army in Florida.

The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at

Large, p. 768), to carry into effect the ninth article of the treaty

in question, provided for the examination and judicial ascertainment

of the claims by the judges of the superior courts established at St.

Augustine and Pensacola, and also made provision for the payment by

the Secretary of the Treasury of such claims as might be reported to

him by the said judges, upon his being satisfied that such claims were

just and equitable; and a subsequent act, approved the 26th of June,

1834 (6 U.S. Statutes at Large, p. 569), gave further directions for

the payment, and also provided for the hearing and determination by

the judge of the superior court of St. Augustine of such claims as

had not then been already heard and determined. Under these acts

of Congress I understand that all claims presented to the judges in

Florida were passed upon and the result of the proceedings thus had

reported to the Secretary of the Treasury. It also appears that in

the computation of damages the judges adopted a rule of 5 per cent per

annum on the ascertained actual loss from the date of that loss to the

time of the rendition of their finding, and that the Secretary of the

Treasury in 1836, when the first reports were presented to him, not

deeming this portion of the claims covered by the 5 per cent rule

just and equitable within the meaning of the treaty and the acts of

Congress, refused to pay it, but did continue to pay the ascertained

amounts of actual loss. The demand for payment of this rejected

item has been pressed at various times and in various ways up to the

present time, but Mr. Woodbury's successors in the Treasury Department

have not felt at liberty to review that ruling.

Under these circumstances I have thought it proper to lay the subject

before Congress for its consideration and such action as may be deemed

necessary. The history of the proceedings already had in regard to the

matter is of record in the Treasury Department, and will be furnished

by the Secretary of the Treasury should Congress desire it.

R.B. HAYES.

EXECUTIVE MANSION, _March 8, 1880_.

_To the Senate_:

I transmit herewith the report of the Secretary of State and the

accompanying papers, in response to the resolution adopted by the

Senate on the 11th day of February last, requesting copies of all

correspondence between this Government and any foreign government

since February, 1869, respecting a ship canal across the isthmus

between North America and South America, together with copies of any

_projet_ of treaties respecting the same which the Department of State

may have proposed or submitted since that date to any foreign power or

its diplomatic representative.

In further compliance with the resolution of the Senate, I deem it

proper to state briefly my opinion as to the policy of the United

States with respect to the construction of an interoceanic canal by

any route across the American Isthmus.

The policy of this country is a canal under American control. The

United States can not consent to the surrender of this control to any

European power or to any combination of European powers. If existing

treaties between the United States and other nations or if the rights

of sovereignty or property of other nations stand in the way of this

policy--a contingency which is not apprehended--suitable steps should

be taken by just and liberal negotiations to promote and establish the

American policy on this subject consistently with the rights of the

nations to be affected by it.

The capital invested by corporations or citizens of other countries in

such an enterprise must in a great degree look for protection to

one or more of the great powers of the world. No European power

can intervene for such protection without adopting measures on this

continent which the United States would deem wholly inadmissible. If

the protection of the United States is relied upon, the United States

must exercise such control as will enable this country to protect

its national interests and maintain the rights of those whose private

capital is embarked in the work.

An interoceanic canal across the American Isthmus will essentially

change the geographical relations between the Atlantic and Pacific

coasts of the United States and between the United States and the rest

of the world. It would be the great ocean thoroughfare between our

Atlantic and our Pacific shores, and virtually a part of the coast

line of the United States. Our merely commercial interest in it is

greater than that of all other countries, while its relations to our

power and prosperity as a nation, to our means of defense, our unity,

peace, and safety, are matters of paramount concern to the people

of the United States. No other great power would under similar

circumstances fail to assert a rightful control over a work so closely

and vitally affecting its interest and welfare.

Without urging further the grounds of my opinion, I repeat, in

conclusion, that it is the right and the duty of the United States

to assert and maintain such supervision and authority over any

interoceanic canal across the isthmus that connects North and South

America as will protect our national interests. This, I am quite sure,

will be found not only compatible with but promotive of the widest and

most permanent advantage to commerce and civilization.

RUTHERFORD B. HAYES.

[A similar message was sent to the House of Representatives, in answer

to a resolution of that body of February 10.]

EXECUTIVE MANSION, _March 9, 1880_.

_To the Senate and House of Representatives_:

I have the honor to transmit herewith a report from the Secretary

of the Interior, containing an agreement signed by the chiefs and

headmen of the Ute Indians now present at the seat of Government. The

stipulations of this agreement appear to me so reasonable and just and

the object to be accomplished by its execution so eminently desirable

to both the white people of the United States and the Indians that it

has my cordial approval, and I earnestly commend it to Congress for

favorable consideration and appropriate legislative action.

RUTHERFORD B. HAYES.

WASHINGTON, _March 9, 1880_.

_To the Senate of the United States_:

I transmit herewith to the Senate, for its consideration with a

view to ratification, a convention between the United States and His

Majesty the King of the Belgians, defining the rights, immunities, and

privileges of consular officers, concluded this day at Washington.

R.B. HAYES.

EXECUTIVE MANSION, _March 9, 1880_.

_To the House of Representatives_:

I transmit herewith a report, dated on the 9th instant, from the

Secretary of State, with the accompanying papers, in answer to

a resolution of the House of Representatives of the 25th ultimo,

requesting the President to transmit to that body, if not deemed

incompatible with the public interest, copies of such dispatches

as have recently been received by the Secretary of State from the

consul-general at Shanghai upon the subject of slavery in China and

those portions of the penal code of China which forbid expatriation.

R.B. HAYES.

WASHINGTON, _March 12, 1880_.

_To the House of Representatives_:

In answer to a resolution of the House of Representatives of March 2,

1880, requesting the Secretary of State to communicate to the House

certain information in relation to the publication and circulation of

commercial reports, I transmit herewith a report from the Secretary of

State, with its accompanying papers.

R.B. HAYES.

WASHINGTON, _March 29, 1880_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 29th of

January, 1880, calling for information in relation to the awards of

the mixed commission organized under the provisions of the treaty of

April 25, 1866, between the United States and Venezuela, I transmit

herewith a report from the Secretary of State upon the subject.

R.B. HAYES.

WASHINGTON, _April 12, 1880_.

_To the House of Representatives_:

In response to the resolution of the House of Representatives of the

12th of February last, on the subject of negotiations concerning the

immigration of Chinese to the United States, I transmit a report of

the Secretary of State, to whom the matter was referred.

R.B. HAYES.

WASHINGTON, _April 15, 1880_.

_To the Senate of the United States_:

In response to the resolution of the Senate of the 27th of February

last, concerning the action had by the Executive with respect to the

investigation of certain cases in which awards were made by the late

United States and Mexican Commission, I transmit herewith a report of

the Secretary of State, to whom the matter was referred.

R.B. HAYES.

EXECUTIVE MANSION, _Washington, D.C., April 16, 1880_.

_To the House of Representatives_:

The board for testing iron, steel, and other metals, appointed under

the authority of "An act making appropriations for sundry civil

expenses of the Government for the fiscal year ending June 30, 1876,

and for other purposes," contracted with Mr. A.H. Emery, of New York,

for a testing machine, to be paid out of the appropriation made for

the purpose. That machine has been completed and accepted, and is now

in position at the Watertown Arsenal, Mass. It is spoken of by the

members composing the late board as the most perfect and reliable

machine in the world, embodying new mechanical principles and

combinations not heretofore used in any other constructions.

In designing, perfecting, and making this machine the contractor

has expended large sums of money over and above the contract

price, besides giving years of labor, for which he has received no

compensation. He now appeals to Congress for relief, and the papers

herewith exhibit a case that calls for Congressional action. It is

respectfully submitted to the House of Representatives, recommending

speedy and favorable consideration.

R.B. HAYES.

EXECUTIVE MANSION, _April 22, 1880_.

_To the Senate and House of Representatives_:

I have the honor to inform Congress that Mr. J. Randolph Coolidge,

Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen

Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,

jr., desire to present to the United States the desk on which the

Declaration of Independence was written. It bears the following

inscription in the handwriting of Thomas Jefferson:

Thomas Jefferson gives this writing desk to Joseph Coolidge,

jr., as a memorial of his affection. It was made from

a drawing of his own, by Ben. Randall, cabinetmaker of

Philadelphia, with whom he first lodged on his arrival in that

city in May, 1776, and is the identical one on which he wrote

the Declaration of Independence.

Politics, as well as religion, has its superstitions. These,

gaining strength with time, may one day give imaginary value

to this relic for its association with the birth of the great

charter of our independence.

Monticello, _November 18, 1825_.

The desk was placed in my possession by Hon. Robert C. Winthrop, and

is herewith transmitted to Congress with the letter of Mr. Winthrop

expressing the wish of the donors "to offer it to the United States,

so that it may henceforth have a place in the Department of State in

connection with the immortal instrument which was written upon it in

1776."

I respectfully recommend that such action be taken by Congress as

may be deemed appropriate with reference to a gift to the nation

so precious in its history and for the memorable associations which

belong to it.

RUTHERFORD B. HAYES.

WASHINGTON, D.C., _April 14, 1880_.

His Excellency RUTHERFORD B. HAYES,

_President of the United States_.

MY DEAR SIR: I have been privileged to bring with me from Boston, as a

present to the United States, a very precious historical relic. It is

the little desk on which Mr. Jefferson wrote the original draft of the

Declaration of Independence.

This desk was given by Mr. Jefferson himself to my friend, the late

Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's

granddaughter, Miss Randolph, and it bears an autograph inscription

of singular interest, written by the illustrious author of the

Declaration in the very last year of his life.

On the recent death of Mr. Coolidge, whose wife had died a year or

two previously, the desk became the property of their children, Mr.

J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson

Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to

the United States, so that it may henceforth have a place in the

Department of State in connection with the immortal instrument which

was written upon it in 1776.

They have done me the honor to make me the medium of this

distinguished gift, and I ask permission to place it in the hands of

the Chief Magistrate of the nation in their name and at their request.

Believe me, dear Mr. President, with the highest respect, very

faithfully, your obedient servant,

ROBT. C. WINTHROP.

WASHINGTON, _May 13, 1880_.

_To the Senate of the United States_:

I transmit herewith to the Senate, in response to their resolution of

the 24th of March last, in relation to the fulfillment of the ninth

article of the treaty of 1819 between the United States and Spain, a

report of the Secretary of State on the correspondence asked for by

the resolution, with its accompanying documents, and in connection

therewith a previous report from the Secretary of State and an opinion

of the Attorney-General on the subject of the East Florida claims.

R.B. HAYES.

WASHINGTON, _May 17, 1880_.

_To the House of Representatives_:

In compliance with the resolution of the House of Representatives of

the 27th ultimo, calling for copies of the correspondence with the

Government of Great Britain in regard to the alleged outrage upon

American fishermen at Fortune Bay, in the Province of Newfoundland,

I transmit herewith the correspondence called for and a report from

the Secretary of State on the subject.

In transmitting this correspondence and the report I respectfully

ask the immediate and careful attention of Congress to the failure

of accord between the two Governments as to the interpretation and

execution of the fishery articles of the treaty of Washington, as

disclosed in this correspondence and elucidated by the exposition of

the subject by the Secretary of State.

I concur in the opinions of this report as to the measures proper to

be taken by this Government in maintenance of the rights accorded to

our fishermen by the British concession of the treaty and in providing

for suitable action toward securing an indemnity for the injury these

interests have already suffered.

Accordingly, I recommend to Congress the adoption of these measures,

with such attendant details of legislation as in the wisdom of

Congress shall seem expedient.

R.B. HAYES.

[The same message was sent to the Senate, in answer to a resolution of

that body of April 28.]

WASHINGTON, _May 24, 1880_.

_To the Senate of the United States_:

I submit to the Senate, for its consideration with a view to

ratification, the accompanying convention for the extradition of

criminals, concluded between the United States and the Government of

His Majesty the King of the Netherlands on the 22d instant.

R.B. HAYES.

EXECUTIVE MANSION, _May 25, 1880_.

_To the Senate and House of Representatives_:

I have the honor to transmit herewith a communication from the

Secretary of the Interior, with reference to the agreement made with

the chiefs of the Ute Indians recently in Washington, a copy of which

was submitted to Congress on the 9th of March last.

The special and immediate attention of Congress to the imminent danger

attending the postponement of appropriate legislation to carry into

effect the stipulations of this agreement is earnestly solicited.

R.B. HAYES.

EXECUTIVE MANSION, _June 5, 1880_.

_To the Senate of the United States_:

In response to a resolution of the Senate of the 31st ultimo,

requesting the President "to communicate to the Senate whether any

supervisor or supervisors of the census appointed by and with the

advice and consent of the Senate have been removed from office by

him or with his consent," etc., I transmit herewith a report from the

Secretary of the Interior.

R.B. HAYES.

VETO MESSAGES.

EXECUTIVE MANSION, _May 4, 1880_.

_To the House of Representatives_:

After mature consideration of the bill entitled "An act making

appropriations to supply certain deficiencies in the appropriations

for the service of the Government for the fiscal year ending June

30, 1880, and for other purposes," I return it to the House of

Representatives, in which it originated, with my objections to its

passage.

The bill appropriates about $8,000,000, of which over $600,000 is for

the payment of the fees of United States marshals and of the general

and special deputy marshals earned during the current fiscal year,

and their incidental expenses. The appropriations made in the bill are

needed to carry on the operations of the Government and to fulfill its

obligations for the payment of money long since due to its officers

for services and expenses essential to the execution of their

duties under the laws of the United States. The necessity for these

appropriations is so urgent and they have been already so long

delayed that if the bill before me contained no permanent or general

legislation unconnected with these appropriations it would receive

my prompt approval. It contains, however, provisions which materially

change, and by implication repeal, important parts of the laws for the

regulation of the United States elections. These laws have for several

years past been the subject of vehement political controversy, and

have been denounced as unnecessary, oppressive, and unconstitutional.

On the other hand, it has been maintained with equal zeal and

earnestness that the election laws are indispensable to fair and

lawful elections, and are clearly warranted by the Constitution.

Under these circumstances, to attempt in an appropriation bill the

modification or repeal of these laws is to annex a condition to the

passage of needed and proper appropriations, which tends to deprive

the Executive of that equal and independent exercise of discretion and

judgment which the Constitution contemplates.

The objection to the bill, therefore, to which I respectfully ask your

attention is that it gives a marked and deliberate sanction, attended

by no circumstances of pressing necessity, to the questionable and,

as I am clearly of opinion, the dangerous practice of tacking upon

appropriation bills general and permanent legislation. This practice

opens a wide door to hasty, inconsiderate, and sinister legislation.

It invites attacks upon the independence and constitutional powers of

the Executive by providing an easy and effective way of constraining

Executive discretion. Although of late this practice has been resorted

to by all political parties when clothed with power, it did not

prevail until forty years after the adoption of the Constitution, and

it is confidently believed that it is condemned by the enlightened

judgment of the country. The States which have adopted new

constitutions during the last quarter of a century have generally

provided remedies for the evil. Many of them have enacted that no law

shall contain more than one subject, which shall be plainly expressed

in its title. The constitutions of more than half of the States

contain substantially this provision, or some other of like intent and

meaning. The public welfare will be promoted in many ways by a return

to the early practice of the Government and to the true rule of

legislation, which is that every measure should stand upon its own

merits.

I am firmly convinced that appropriation bills ought not to contain

any legislation not relevant to the application or expenditure of the

money thereby appropriated, and that by a strict adherence to this

principle an important and much needed reform will be accomplished.

Placing my objection to the bill on this feature of its frame,

I forbear any comment upon the important general and permanent

legislation which it contains, as matter for specific and independent

consideration.

RUTHERFORD B. HAYES.

EXECUTIVE MANSION, _June 15, 1880_.

_To the Senate of the United States_:

After mature consideration of the bill entitled "An act regulating the

pay and appointment of deputy marshals," I am constrained to withhold

from it my approval, and to return it to the Senate, in which it

originated, with my objections to its passage.

The laws now in force on the subject of the bill before me are

contained in the following sections of the Revised Statutes:

SEC. 2021. Whenever an election at which Representatives or

Delegates in Congress are to be chosen is held in any city

or town of 20,000 inhabitants or upward, the marshal for the

district in which the city or town is situated shall, on the

application in writing of at least two citizens residing in

such city or town, appoint special deputy marshals, whose

duty it shall be, when required thereto, to aid and assist

the supervisors of election in the verification of any list

of persons who may have registered or voted; to attend in each

election district or voting precinct at the times and places

fixed for the registration of voters, and at all times

or places when and where the registration may by law be

scrutinized and the names of registered voters be marked

for challenge; and also to attend, at all times for holding

elections, the polls in such district or precinct.

SEC. 2022. The marshal and his general deputies, and such

special deputies, shall keep the peace and support and protect

the supervisors of election in the discharge of their duties,

preserve order at such places of registration and at such

polls, prevent fraudulent registration and fraudulent voting

thereat, or fraudulent conduct on the part of any officer of

election, and immediately, either at the place of registration

or polling place, or elsewhere, and either before or after

registering or voting, to arrest and take into custody, with

or without process, any person who commits, or attempts or

offers to commit, any of the acts or offenses prohibited

herein, or who commits any offense against the laws of the

United States; but no person shall be arrested without process

for any offense not committed in the presence of the marshal

or his general or special deputies, or either of them, or of

the supervisors of election, or either of them; and for

the purposes of arrest or the preservation of the peace the

supervisors of election shall, in the absence of the marshal's

deputies, or if required to assist such deputies, have the

same duties and powers as deputy marshals; nor shall any

person, on the day of such election, be arrested without

process for any offense committed on the day of registration.

SEC. 2023. Whenever any arrest is made under any provision of

this title, the person so arrested shall forthwith be brought

before a commissioner, judge, or court of the United States

for examination of the offenses alleged against him; and such

commissioner, judge, or court shall proceed in respect thereto

as authorized by law in case of crimes against the United

States.

SEC. 2024. The marshal or his general deputies, or such

special deputies as are thereto specially empowered by him in

writing, and under his hand and seal, whenever he or either

or any of them is forcibly resisted in executing their duties

under this title, or shall by violence, threats, or menaces

be prevented from executing such duties or from arresting any

person who has committed any offense for which the marshal

or his general or his special deputies are authorized to make

such arrest, are, and each of them is, empowered to summon

and call to his aid the bystanders or _posse comitatus_ of his

district.

SEC. 2028. No person shall be appointed a supervisor of

election or a deputy marshal under the preceding provisions

who is not at the time of his appointment a qualified voter of

the city, town, county, parish, election district, or voting

precinct in which his duties are to be performed.

SEC. 5521. If any person be appointed a supervisor of election

or a special deputy marshal under the provisions of title "The

elective franchise," and has taken the oath of office as such

supervisor of election or such special deputy marshal, and

thereafter neglects or refuses, without good and lawful

excuse, to perform and discharge fully the duties,

obligations, and requirements of such office until the

expiration of the term for which he was appointed, he shall

not only be subject to removal from office with loss of all

pay or emoluments, but shall be punished by imprisonment for

not less than six months nor more than one year, or by a fine

of not less than $200 and not more than $500, or by both fine

and imprisonment, and shall pay the costs of prosecution.

SEC. 5522. Every person, whether with or without any

authority, power, or process, or pretended authority, power,

or process, of any State, Territory, or municipality, who

obstructs, hinders, assaults, or by bribery, solicitation,

or otherwise interferes with or prevents the supervisors of

election, or either of them, or the marshal or his general or

special deputies, or either of them, in the performance of any

duty required of them, or either of them, or which he or they,

or either of them, may be authorized to perform by any law of

the United States, in the execution of process or otherwise,

or who by any of the means before mentioned hinders or

prevents the free attendance and presence at such places of

registration, or at such polls of election, or full and free

access and egress to and from any such place of registration

or poll of election, or in going to and from any such place

of registration or poll of election, or to and from any room

where any such registration or election or canvass of votes,

or of making any returns or certificates thereof, may be had,

or who molests, interferes with, removes, or ejects from

any such place of registration or poll of election, or

of canvassing votes cast thereat, or of making returns or

certificates thereof, any supervisor of election, the marshal

or his general or special deputies, or either of them, or

who threatens, or attempts or offers so to do, or refuses or

neglects to aid and assist any supervisor of election, or the

marshal or his general or special deputies, or either of them,

in the performance of his or their duties, when required

by him or them, or either of them, to give such aid and

assistance, shall be liable to instant arrest without process,

and shall be punished by imprisonment not more than two years,

or by a fine of not more than $3,000, or by both such fine and

imprisonment, and shall pay the cost of the prosecution.

The Supreme Court of the United States, in the recent case of _Ex

parte_ Siebold and others, decided at the October term, 1879, on

the question raised in the case as to the constitutionality of the

sections of the Revised Statutes above quoted, uses the following

language:

These portions of the Revised Statutes are taken from the act

commonly known as the enforcement act, approved May 31, 1870,

and entitled "An act to enforce the right of citizens of the

United States to vote in the several States of this Union,

and for other purposes," and from the supplement to that

act, approved February 28, 1871. They relate to elections of

members of the House of Representatives, and were an assertion

on the part of Congress of a power to pass laws for regulating

and superintending said elections and for securing the purity

thereof and the rights of citizens to vote thereat peaceably

and without molestation.

It must be conceded to be a most important power, and of a

fundamental character. In the light of recent history and of

the violence, fraud, corruption, and irregularity which have

frequently prevailed at such elections, it may easily be

conceived that the exertion of the power, if it exists, may be

necessary to the stability of our form of government.

The greatest difficulty in coming to a just conclusion arises

from mistaken notions with regard to the relations which

subsist between the State and National Governments. * * *

It seems to be often overlooked that a national constitution

has been adopted in this country, establishing a real

government therein, operating upon persons and territory and

things, and which, moreover, is, or should be, as dear to

every American citizen as his State government is. Whenever

the true conception of the nature of this Government is

once conceded, no real difficulty will arise in the just

interpretation of its powers; but if we allow ourselves to

regard it as a hostile organization, opposed to the proper

sovereignty and dignity of the State governments, we shall

continue to be vexed with difficulties as to its jurisdiction

and authority. No greater jealousy is required to be exercised

toward this Government in reference to the preservation of

our liberties than is proper to be exercised toward the State

governments. Its powers are limited in number and clearly

defined, and its action within the scope of those powers is

restrained by a sufficiently rigid bill of rights for the

protection of its citizens from oppression. The true interests

of the people of this country require that both the National

and State Governments should be allowed, without jealous

interference on either side, to exercise all the powers which

respectively belong to them according to a fair and practical

construction of the Constitution. State rights and the rights

of the United States should be equally respected. Both

are essential to the preservation of our liberties and

the perpetuity of our institutions. But in endeavoring to

vindicate the one we should not allow our zeal to nullify or

impair the other. * * *

The true doctrine, as we conceive, is this, that while the

States are really sovereign as to all matters which have not

been granted to the jurisdiction and control of the United

States, the Constitution and constitutional laws of the latter

are, as we have already said, the supreme law of the land,

and when they conflict with the laws of the States they are

of paramount authority and obligation. This is the fundamental

principle on which the authority of the Constitution is based,

and unless it be conceded in practice as well as theory the

fabric of our institutions, as it was contemplated by its

founders, can not stand. The questions involved have respect

not more to the autonomy and existence of the States than to

the continued existence of the United States as a government

to which every American citizen may look for security and

protection in every part of the land. * * *

Why do we have marshals at all if they can not physically lay

their hands on persons and things in the performance of their

proper duties? What functions can they perform if they can not

use force? In executing the process of the courts must they

call on the nearest constable for protection? Must they rely

on him to use the requisite compulsion and to keep the peace

while they are soliciting and entreating the parties and

bystanders to allow the law to take its course? This is the

necessary consequence of the positions that are assumed. If

we indulge in such impracticable views as these, and keep

on refining and re-refining, we shall drive the National

Government out of the United States and relegate it to the

District of Columbia, or perhaps to some foreign soil. We

shall bring it back to a condition of greater helplessness

than that of the old Confederation.

The argument is based on a strained and impracticable view

of the nature and powers of the National Government. It must

execute its powers or it is no government. It must execute

them on the land as well as on the sea, on things as well as

on persons. And to do this it must necessarily have power to

command obedience, preserve order, and keep the peace; and

no person or power in this land has the right to resist or

question its authority so long as it keeps within the bounds

of its jurisdiction.

I have deemed it fitting and proper to quote thus largely from an

important and elaborate opinion of the Supreme Court because the bill

before me proceeds upon a construction of the Constitution as to the

powers of the National Government which is in direct conflict with the

judgment of the highest judicial tribunal of our country.

Under the sections of the present law above quoted officers of the

United States are authorized, and it is their duty in the case of

Congressional elections, to keep the peace at the polls and at the

places of registration; to arrest immediately any person who is guilty

of crimes against the United States election laws; to protect all

officers of elections in the performance of their duties; and

whenever an arrest is made to bring the person so arrested before a

commissioner, judge, or court of the United States for examination of

the offenses alleged against him. "Such special deputy marshals as are

specially empowered thereto by the marshal in writing," if forcibly

resisted, may call to their aid the bystanders or _posse comitatus_.

It is made a crime punishable with fine or imprisonment to hinder,

assault, or otherwise interfere with the marshal or "his special

deputies," or to threaten or to attempt so to do. If any person

appointed such special deputy marshal has taken the oath of office and

thereafter neglects or refuses to fully discharge the duties of such

office, he is punishable not only by removal from office, but by fine

and imprisonment. The functions of the special deputy marshals

now provided for by law being executive, they are placed under the

authority of the well-known chief executive officer of the courts

of the United States. They are in fact, and not merely in name, the

deputies of the marshal, and he and his bondsmen are responsible for

them. A civil force for the execution of the law is thus instituted in

accordance with long-established and familiar usage, which is simple,

effective, and under a responsible head. The necessity for the

possession of these powers by appropriate officers will not be called

in question by intelligent citizens who appreciate the importance of

peaceable, orderly, and lawful elections. Similar powers are conferred

and exercised under State laws with respect to State elections. The

executive officers of the United States under the existing laws have

no other or greater power to supervise and control the conduct of the

Congressional elections than the State executive officers exercise in

regard to State elections.

The bill before me changes completely the present law by substituting

for the special deputy marshals of the existing statutes new officers

hitherto unknown to the law, and who lack the power, responsibility,

and protection which are essential to enable them to act efficiently

as executive officers.

The bill under consideration is as follows:

_Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled_, That

from and after the passage of this act the pay of all deputy

marshals for services in reference to any election shall be $5

for each day of actual service, and no more.

SEC. 2. That all deputy marshals to serve in reference to any

election shall be appointed by the circuit court of the United

States for the district in which such marshals are to perform

their duties in each year; and the judges of the several

circuit courts of the United States are hereby authorized to

open their respective courts at any time for that purpose; and

in case the circuit courts shall not be open for that purpose

at least ten days prior to a registration, if there be one,

or, if no registration be required, then at least ten days

before such election, the judges of the district courts of

the United States are hereby respectively authorized to cause

their courts to be opened for the purpose of appointing such

deputy marshals, who shall be appointed by the said district

courts; and the officers so appointed shall be in equal

numbers from the different political parties, and shall be

well-known citizens, of good moral character, and actual

residents of the voting precincts in which their duties are

to be performed, and shall not be candidates for any office

at such election; and all laws and parts of laws inconsistent

with this act are hereby repealed: _Provided_, That the

marshals of the United States for whom deputies shall be

appointed by the court under this act shall not be liable for

any of the acts of such deputies.

It will be observed that the deputy marshals proposed by the bill

before me are distinctly different officers from the special deputies

of the marshal, as such officers are now provided for in the statutes.

This bill does not connect the new officers with the existing laws

relating to special deputy marshals so as to invest the proposed

deputy marshals with the same powers, to impose upon them the same

duties, and to give them the same protection by means of the criminal

laws. When new officers are created, distinct in character and

appointed by different authority, although similar in name to

officers already provided for, such officers are not held by similar

responsibilities to the criminal law, do not possess the same powers,

and are not similarly protected unless it is expressly so provided by

legislation.

The so-called deputy marshals provided for in this bill will have no

executive head. The marshal can neither appoint nor remove them. He

can not control them, and he is not responsible for them. They will

have no authority to call to their aid, if resisted, the _posse

comitatus_. They are protected by no criminal statutes in the

performance of their duties. An assault upon one of these deputies

with the intent to prevent a lawful election will be no more than an

ordinary assault upon any other citizen. They can not keep the peace.

They can not make arrests when crimes are committed in their presence.

Whatever powers they have are confined to the precincts in which they

reside. Outside of the precincts for which they are appointed the

deputy marshals of this bill can not keep the peace, make arrests,

hold prisoners, take prisoners before a proper tribunal for hearing,

nor perform any other duty. No oaths of office are required of them,

and they give no bond. They have no superior who is responsible for

them, and they are not punishable for neglect of duty or misconduct in

office. In all these respects this bill makes a radical change between

the powers of the United States officers at national elections and the

powers uniformly possessed and exercised by State officers at State

elections. This discrimination against the authority of the United

States is a departure from the usage of the Government established by

precedents beginning with the earliest statutes on the subject, and

violates the true principles of the Constitution. The Supreme Court,

in the decision already referred to, says:

It is argued that the preservation of peace and good order in

society is not within the powers confided to the Government of

the United States, but belongs exclusively to the States. Here

again we are met with the theory that the Government of the

United States does not rest upon the soil and territory of

the country. We think that this theory is founded on an entire

misconception of the nature and powers of that Government.

We hold it to be an incontrovertible principle that the

Government of the United States may, by means of physical

force, exercised through its official agents, execute on every

foot of American soil the powers and functions that belong to

it. This necessarily involves the power to command obedience

to its laws, and hence the power to keep the peace to that

extent.

This power to enforce its laws and to execute its functions

in all places does not derogate from the power of the State to

execute its laws at the same time and in the same places. The

one does not exclude the other, except where both can not

be executed at the same time. In that case the words of the

Constitution itself show which is to yield. "This Constitution

and all laws which shall be made in pursuance thereof * * *

shall be the supreme law of the land."

In conclusion it is proper to say that no objection would be made to

the appointment of officers to act with reference to the elections by

the courts of the United States, and that I am in favor of appointing

officers to supervise and protect the elections without regard to

party; but the bill before me, while it recognizes the power and duty

of the United States to provide officers to guard and scrutinize the

Congressional elections, fails to adapt its provisions to the existing

laws so as to secure efficient supervision and protection. It is

therefore returned to the Senate, in which it originated, for that

further consideration which is contemplated by the Constitution.

RUTHERFORD B. HAYES.

PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas it has become known to me that certain evil-disposed persons

have within the territory and jurisdiction of the United States begun

and set on foot preparations for an organized and forcible possession

of and settlement upon the lands of what is known as the Indian

Territory, west of the State of Arkansas, which Territory is

designated, recognized, and described by the treaties and laws of the

United States and by the executive authorities as Indian country, and

as such is only subject to occupation by Indian tribes, officers of

the Indian Department, military posts, and such persons as may be

privileged to reside and trade therein under the intercourse laws of

the United States; and

Whereas those laws provide for the removal of all persons residing and

trading therein without express permission of the Indian Department

and agents, and also of all persons whom such agents may deem to be

improper persons to reside in the Indian country; and

Whereas, in aid and support of such organized movement, it has been

represented that no further action will be taken by the Government to

prevent persons from going into said territory and settling therein,

but such representations are wholly without authority:

Now, therefore, for the purpose of properly protecting the interests

of the Indian nations and tribes, as well as of the United States, in

said Indian Territory, and of duly enforcing the laws governing the

same, I, Rutherford B. Hayes, President of the United States, do

admonish and warn all such persons so intending or preparing to remove

upon said lands or into said Territory without permission of the

proper agent of the Indian Department against any attempt to so remove

or settle upon any of the lands of said Territory; and I do further

warn and notify any and all such persons who may so offend that they

will be speedily and immediately removed therefrom by the agent,

according to the laws made and provided, and that no efforts will be

spared to prevent the invasion of said Territory, rumors spread

by evil-disposed persons to the contrary notwithstanding; and if

necessary the aid and assistance of the military forces of the United

States will be invoked to carry into proper execution the laws of the

United States herein referred to.

In testimony whereof I have hereunto set my hand and caused the seal

of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 12th day of February, A.D. 1880,

and of the Independence of the United States the one hundred and

fourth.

R.B. HAYES.

By the President:

WM. M. EVARTS,

_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

At no period in their history since the United States became a nation

has this people had so abundant and so universal reasons for joy and

gratitude at the favor of Almighty God or been subject to so profound

an obligation to give thanks for His loving kindness and humbly to

implore His continued care and protection.

Health, wealth, and prosperity throughout all our borders; peace,

honor, and friendship with all the world; firm and faithful adherence

by the great body of our population to the principles of liberty and

justice which have made our greatness as a nation, and to the wise

institutions and strong frame of government and society which will

perpetuate it--for all these let the thanks of a happy and united

people, as with one voice, ascend in devout homage to the Giver of All

Good.

I therefore recommend that on Thursday, the 25th day of November next,

the people meet in their respective places of worship to make their

acknowledgments to Almighty God for His bounties and His protection

and to offer to Him prayers for their continuance.

In witness whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 1st day of November, A.D. 1880,

and of the Independence of the United States the one hundred and

fifth.

R.B. HAYES.

By the President:

WM. M. EVARTS,

_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory evidence has been given to me by the Government

of His Majesty the Emperor of China that no discriminating duties of

tonnage or imposts are imposed or levied in the ports of that nation

upon vessels wholly belonging to citizens of the United States, or

upon the produce, manufactures, or merchandise imported in the same:

Therefore, I, Rutherford B. Hayes, President of the United States of

America, by virtue of the authority in me vested by law, do hereby

declare and proclaim that the foreign discriminating duties of tonnage

and impost within the United States are and shall be suspended and

discontinued so far as respects the vessels of China and the produce,

manufactures, and merchandise imported therein into the United

States from China, or from any other foreign country, so long as

the exemption aforesaid on the part of China of vessels belonging to

citizens of the United States and their cargoes shall be continued and

no longer.

In testimony whereof I have hereunto set my hand and caused the seal

of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 23d day of November, A.D. 1880,

and of the Independence of the United States of America the one

hundred and fifth.

R.B. HAYES.

By the President:

WM. M. EVARTS,

_Secretary of State_.

EXECUTIVE ORDER.

[From the Evening Star, Washington, D.C., May 27, 1880.]

EXECUTIVE MANSION, _Washington, D.C., May 27, 1880_.

DEAR SIR:[41] I am directed by the President to say that the several

Departments of the Government will be closed on Saturday, the 29th

instant, in remembrance of those who fell in defense of the nation,

and to enable the employees to participate in the commemorative

ceremonies of the day.

Very respectfully, your obedient servant,

W.K. ROGERS,

_Private Secretary_.

[Footnote 41: Addressed to the heads of the Executive Departments, etc.]

FOURTH ANNUAL MESSAGE.

EXECUTIVE MANSION, _December 6, 1880_.

_Fellow-Citizens of the Senate and House of Representatives_: