the fruits of successful toil. Industry has been generally well
rewarded. We are at peace with all nations, and tranquillity, with few
exceptions, prevails at home. Within the past year we have in the main
been free from ills which elsewhere have afflicted our kind. If some of
us have had calamities, these should be an occasion for sympathy with
the sufferers, of resignation on their part to the will of the Most
High, and of rejoicing to the many who have been more favored.
I therefore recommend that on Thursday, the 30th day of November next,
the people meet in their respective places of worship and there make the
usual annual acknowledgments to Almighty God for the blessings He has
conferred upon them, for their merciful exemption from evils, and invoke
His protection and kindness for their less fortunate brethren, whom in
His wisdom He has deemed it best to chastise.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 28th day of October, A.D. 1871, and
of the Independence of the United States the ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas in my proclamation of the 12th day of October, in the year 1871,
it was recited that certain unlawful combinations and conspiracies
existed in certain counties in the State of South Carolina for the
purpose of depriving certain portions and classes of the people of that
State of the rights, privileges, and immunities and protection named in
the Constitution of the United States and secured by the act of Congress
approved April 20, 1871, entitled "An act to enforce the provisions of
the fourteenth amendment to the Constitution of the United States," and
the persons composing such combinations and conspiracies were commanded
to disperse and to retire peaceably to their homes within five days from
said date; and
Whereas by my proclamation of the 17th day of October, in the year 1871,
the privileges of the writ of _habeas corpus_ were suspended in the
counties named in said proclamation; and
Whereas the county of Marion was named in said proclamations as one of
the counties in which said unlawful combinations and conspiracies for
the purposes aforesaid existed, and in which the privileges of the writ
of _habeas corpus_ were suspended; and
Whereas it has been ascertained that in said county of Marion said
combinations and conspiracies do not exist to the extent recited in said
proclamations; and
Whereas it has been ascertained that unlawful combinations and
conspiracies of the character and to the extent and for the purposes
described in said proclamations do exist in the county of Union in said
State:
Now, therefore, I, Ulysses S. Grant, President of the United States
of America, do hereby revoke, as to the said county of Marion, the
suspension of the privileges of the writ of _habeas corpus_ directed
in my said proclamation of the 17th day of October, 1871.
And I do hereby command all persons in the said county of Union
composing the unlawful combinations and conspiracies aforesaid to
disperse and to retire peaceably to their homes within five days of the
date hereof, and to deliver either to the marshal of the United States
for the district of South Carolina, or to any of his deputies, or to any
military officer of the United States within said county, all arms,
ammunition, uniforms, disguises, and other means and implements used,
kept, possessed, or controlled by them for carrying out the unlawful
purposes for which the combinations and conspiracies are organized.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 3d day of November, A.D. 1871, and
of the Independence of the United States of America the ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of Congress entitled "An act to enforce the provisions
of the fourteenth amendment to the Constitution of the United States,
and for other purposes," approved the 20th day of April, A.D. 1871,
power is given to the President of the United States, when in his
judgment the public safety shall require it, to suspend the privileges
of the writ of _habeas corpus_ in any State or part of a State whenever
combinations and conspiracies exist in such State or part of a State for
the purpose of depriving any portion or class of the people of such
State of the rights, privileges, immunities, and protection named in the
Constitution of the United States and secured by the act of Congress
aforesaid; and whenever such combinations and conspiracies do so
obstruct and hinder the execution of the laws of any such State and of
the United States as to deprive the people aforesaid of the rights,
privileges, immunities, and protection aforesaid, and do oppose and
obstruct the laws of the United States and their due execution, and
impede and obstruct the due course of justice under the same; and
whenever such combinations shall be organized and armed and so numerous
and powerful as to be able by violence either to overthrow or to set at
defiance the constituted authorities of said State and of the United
States within such State; and whenever by reason of said causes the
conviction of such offenders and the preservation of the public peace
shall become in such State or part of a State impracticable; and
Whereas such unlawful combinations and conspiracies for the purposes
aforesaid are declared by the act of Congress aforesaid to be rebellion
against the Government of the United States; and
Whereas by said act of Congress it is provided that before the President
shall suspend the privileges of the writ of _habeas corpus_ he shall
first have made proclamation commanding such insurgents to disperse; and
Whereas on the 3d day of the present month of November the President
of the United States did issue his proclamation, reciting therein,
among other things, that such combinations and conspiracies did then
exist in the county of Union, in the State of South Carolina, and
commanding thereby all persons composing such unlawful combinations and
conspiracies to disperse and retire peaceably to their homes within five
days from the date thereof, and to deliver either to the marshal of
the United States for the district of South Carolina, or to any of his
deputies, or to any military officer of the United States within said
county, all arms, ammunition, uniforms, disguises, and other means and
implements used, kept, possessed, or controlled by them for carrying out
the unlawful purposes for which the said combinations and conspiracies
are organized; and
Whereas the insurgents engaged in such unlawful combinations and
conspiracies within the county aforesaid have not dispersed and retired
peaceably to their respective homes, and have not delivered to the
marshal of the United States, or to any of his deputies, or to any
military officer of the United States within said county, all arms,
ammunition, uniforms, disguises, and other means and implements used,
kept, possessed, or controlled by them for carrying out the unlawful
purposes for which the combinations and conspiracies are organized, as
commanded by said proclamation, but do still persist in the unlawful
combinations and conspiracies aforesaid:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by the Constitution of
the United States and the act of Congress aforesaid, do hereby declare
that in my judgment the public safety especially requires that the
privileges of the writ of _habeas corpus_ be suspended, to the end that
such rebellion may be overthrown, and do hereby suspend the privileges
of the writ of _habeas corpus_ within the county of Union, in said State
of South Carolina, in respect to all persons arrested by the marshal of
the United States for the said district of South Carolina, or by any of
his deputies, or by any military officer of the United States, or by any
soldier or citizen acting under the orders of said marshal, deputy, or
such military officer within said county, charged with any violation of
the act of Congress aforesaid, during the continuance of such rebellion.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington, this 10th day of November, A.D. 1871,
and of the Independence of the United States of America the
ninety-sixth.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDER.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
WASHINGTON, _March 31, 1871_.
The act of June 15, 1852, section 1 (10 U.S. Statutes at Large, p. 10),
provides:
That whenever any officer of either of the Territories of the United
States shall be absent therefrom and from the duties of his office no
salary shall be paid him during the year in which such absence shall
occur, unless good cause therefor shall be shown to the President of
the United States, who shall officially certify his opinion of such
cause to the proper accounting officer of the Treasury, to be filed
in his office.
It has been the practice under this law for the Territorial officers who
have desired to be absent from their respective Territories to apply for
leaves to the head of the proper Department at Washington, and when such
leave has been given the required certificate of the President has been
granted as a matter of course.
The unusual number of applications for leave of absence which have
been lately made by Territorial officers has induced the President to
announce that he expects the gentlemen who hold those offices to stay in
their respective Territories and to attend strictly to their official
duties. They have been appointed for service in the Territory and for
the benefit and convenience of the Territorial population. He expects
them by their personal presence to identify themselves with the people
and acquire local information, without which their duties can not be
well performed. Frequent or long absence makes them in some degree
strangers, and therefore less acceptable to the people. Their absence,
no matter with what substitution, must often put the people to
inconvenience. Executive officers may be required for emergencies which
could not be foreseen. Judges should be at hand, not only when the
courts are in session, but for matters of bail, _habeas corpus_, orders
in equity, examination of persons charged with crime, and other similar
business, which often arises in vacation.
These and similar considerations no doubt induced Congress to pass the
law above quoted.
It is therefore directed that in future the heads of Departments shall
grant leaves of absence to Territorial officers only for reasons of the
most urgent character, and then only for the shortest possible time.
By order of the President:
HAMILTON FISH, _Secretary of State_.
THIRD ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 4, 1871_.
_To the Senate and House of Representatives:_
In addressing my third annual message to the law-making branch of the
Government it is gratifying to be able to state that during the past
year success has generally attended the effort to execute all laws found
upon the statute books. The policy has been not to inquire into the
wisdom of laws already enacted, but to learn their spirit and intent and
to enforce them accordingly.
The past year has, under a wise Providence, been one of general
prosperity to the nation. It has, however, been attended with more than
usual chastisements in the loss of life and property by storm and fire.
These disasters have served to call forth the best elements of human
nature in our country and to develop a friendship for us on the part
of foreign nations which goes far toward alleviating the distresses
occasioned by these calamities. The benevolent, who have so generously
shared their means with the victims of these misfortunes, will reap
their reward in the consciousness of having performed a noble act and
in receiving the grateful thanks of men, women, and children whose
sufferings they have relieved.
The relations of the United States with foreign powers continue to be
friendly. The year has been an eventful one in witnessing two great
nations, speaking one language and having one lineage, settling by
peaceful arbitration disputes of long standing and liable at any time to
bring those nations into bloody and costly conflict. An example has thus
been set which, if successful in its final issue, may be followed by
other civilized nations, and finally be the means of returning to
productive industry millions of men now maintained to settle the
disputes of nations by the bayonet and the broadside.
I transmit herewith a copy of the treaty alluded to, which has been
concluded since the adjournment of Congress with Her Britannic Majesty,
and a copy of the protocols of the conferences of the commissioners by
whom it was negotiated. This treaty provides methods for adjusting the
questions pending between the two nations.
Various questions are to be adjusted by arbitration. I recommend
Congress at an early day to make the necessary provision for the
tribunal at Geneva and for the several commissioners on the part of the
United States called for by the treaty.
His Majesty the King of Italy, the President of the Swiss Confederation,
and His Majesty the Emperor of Brazil have each consented, on the joint
request of the two powers, to name an arbiter for the tribunal at
Geneva. I have caused my thanks to be suitably expressed for the
readiness with which the joint request has been complied with, by the
appointment of gentlemen of eminence and learning to these important
positions.
His Majesty the Emperor of Germany has been pleased to comply with the
joint request of the two Governments, and has consented to act as the
arbitrator of the disputed water boundary between the United States and
Great Britain.
The contracting parties in the treaty have undertaken to regard as
between themselves certain principles of public law, for which the
United States have contended from the commencement of their history.
They have also agreed to bring those principles to the knowledge of the
other maritime powers and to invite them to accede to them. Negotiations
are going on as to the form of the note by which the invitation is to be
extended to the other powers.
I recommend the legislation necessary on the part of the United States
to bring into operation the articles of the treaty relating to the
fisheries and to the other matters touching the relations of the United
States toward the British North American possessions, to become
operative so soon as the proper legislation shall be had on the part of
Great Britain and its possessions. It is much to be desired that this
legislation may become operative before the fishermen of the United
States begin to make their arrangements for the coming season.
I have addressed a communication, of which a copy is transmitted
herewith, to the governors of New York, Pennsylvania, Ohio, Indiana,
Michigan, Illinois, and Wisconsin, urging upon the governments of those
States, respectively, the necessary action on their part to carry into
effect the object of the article of the treaty which contemplates the
use of the canals, on either side, connected with the navigation of the
lakes and rivers forming the boundary, on terms of equality, by the
inhabitants of both countries. It is hoped that the importance of the
object and the benefits to flow therefrom will secure the speedy
approval and legislative sanction of the States concerned.
I renew the recommendation for an appropriation for determining the true
position of the forty-ninth parallel of latitude where it forms the
boundary between the United States and the British North American
possessions, between the Lake of the Woods and the summit of the Rocky
Mountains. The early action of Congress on this recommendation would put
it in the power of the War Department to place a force in the field
during the next summer.
The resumption of diplomatic relations between France and Germany has
enabled me to give directions for the withdrawal of the protection
extended to Germans in France by the diplomatic and consular
representatives of the United States in that country. It is just to add
that the delicate duty of this protection has been performed by the
minister and the consul-general at Paris, and the various consuls in
France under the supervision of the latter, with great kindness as well
as with prudence and tact. Their course has received the commendation of
the German Government, and has wounded no susceptibility of the French.
The Government of the Emperor of Germany continues to manifest a
friendly feeling toward the United States, and a desire to harmonize
with the moderate and just policy which this Government maintains in
its relations with Asiatic powers, as well as with the South American
Republics. I have given assurances that the friendly feelings of that
Government are fully shared by the United States.
The ratifications of the consular and naturalization conventions with
the Austro-Hungarian Empire have been exchanged.
I have been officially informed of the annexation of the States of the
Church to the Kingdom of Italy, and the removal of the capital of that
Kingdom to Rome. In conformity with the established policy of the
United States, I have recognized this change. The ratifications of the
new treaty of commerce between the United States and Italy have been
exchanged. The two powers have agreed in this treaty that private
property at sea shall be exempt from capture in case of war between
the two powers. The United States have spared no opportunity of
incorporating this rule into the obligation of nations.
The Forty-first Congress, at its third session, made an appropriation
for the organization of a mixed commission for adjudicating upon the
claims of citizens of the United States against Spain growing out of
the insurrection in Cuba. That commission has since been organized. I
transmit herewith the correspondence relating to its formation and its
jurisdiction. It is to be hoped that this commission will afford the
claimants a complete remedy for their injuries.
It has been made the agreeable duty of the United States to preside over
a conference at Washington between the plenipotentiaries of Spain and
the allied South American Republics, which has resulted in an armistice,
with the reasonable assurance of a permanent peace.
The intimate friendly relations which have so long existed between the
United States and Russia continue undisturbed. The visit of the third
son of the Emperor is a proof that there is no desire on the part of his
Government to diminish the cordiality of those relations. The hospitable
reception which has been given to the Grand Duke is a proof that on our
side we share the wishes of that Government. The inexcusable course of
the Russian minister at Washington rendered it necessary to ask his
recall and to decline to longer receive that functionary as a diplomatic
representative. It was impossible, with self-respect or with a just
regard to the dignity of the country, to permit Mr. Catacazy to continue
to hold intercourse with this Government after his personal abuse of
Government officials, and during his persistent interferences, through
various means, with the relations between the United States and other
powers. In accordance with my wishes, this Government has been relieved
of further intercourse with Mr. Catacazy, and the management of the
affairs of the imperial legation has passed into the hands of a
gentleman entirely unobjectionable.
With Japan we continue to maintain intimate relations. The cabinet of
the Mikado has since the close of the last session of Congress selected
citizens of the United States to serve in offices of importance in
several departments of Government. I have reason to think that this
selection is due to an appreciation of the disinterestedness of the
policy which the United States have pursued toward Japan. It is our
desire to continue to maintain this disinterested and just policy with
China as well as Japan. The correspondence transmitted herewith shows
that there is no disposition on the part of this Government to swerve
from its established course.
Prompted by a desire to put an end to the barbarous treatment of our
shipwrecked sailors on the Korean coast, I instructed our minister at
Peking to endeavor to conclude a convention with Korea for securing the
safety and humane treatment of such mariners.
Admiral Rodgers was instructed to accompany him with a sufficient force
to protect him in case of need.
A small surveying party sent out, on reaching the coast was
treacherously attacked at a disadvantage. Ample opportunity was given
for explanation and apology for the insult. Neither came. A force was
then landed. After an arduous march over a rugged and difficult country,
the forts from which the outrages had been committed were reduced by a
gallant assault and were destroyed. Having thus punished the criminals,
and having vindicated the honor of the flag, the expedition returned,
finding it impracticable under the circumstances to conclude the desired
convention. I respectfully refer to the correspondence relating thereto,
herewith submitted, and leave the subject for such action as Congress
may see fit to take.
The Republic of Mexico has not yet repealed the very objectionable laws
establishing what is known as the "free zone" on the frontier of the
United States. It is hoped that this may yet be done, and also that more
stringent measures may be taken by that Republic for restraining lawless
persons on its frontiers. I hope that Mexico by its own action will soon
relieve this Government of the difficulties experienced from these
causes.
Our relations with the various Republics of Central and South America
continue, with one exception, to be cordial and friendly.
I recommend some action by Congress regarding the overdue installments
under the award of the Venezuelan Claims Commission of 1866. The
internal dissensions of this Government present no justification for the
absence of effort to meet their solemn treaty obligations.
The ratification of an extradition treaty with Nicaragua has been
exchanged.
It is a subject for congratulation that the great Empire of Brazil has
taken the initiatory step toward the abolition of slavery. Our relations
with that Empire, always cordial, will naturally be made more so by this
act. It is not too much to hope that the Government of Brazil may
hereafter find it for its interest, as well as intrinsically right, to
advance toward entire emancipation more rapidly than the present act
contemplates.
The true prosperity and greatness of a nation is to be found in the
elevation and education of its laborers.
It is a subject for regret that the reforms in this direction which were
voluntarily promised by the statesmen of Spain have not been carried out
in its West India colonies. The laws and regulations for the apparent
abolition of slavery in Cuba and Porto Rico leave most of the laborers
in bondage, with no hope of release until their lives become a burden to
their employers.
I desire to direct your attention to the fact that citizens of the
United States, or persons claiming to be citizens of the United States,
are large holders in foreign lands of this species of property,
forbidden by the fundamental law of their alleged country. I recommend
to Congress to provide by stringent legislation a suitable remedy
against the holding, owning, or dealing in slaves, or being interested
in slave property, in foreign lands, either as owners, hirers, or
mortgagors, by citizens of the United States.
It is to be regretted that the disturbed condition of the island of Cuba
continues to be a source of annoyance and of anxiety. The existence
of a protracted struggle in such close proximity to our own territory,
without apparent prospect of an early termination, can not be other than
an object of concern to a people who, while abstaining from interference
in the affairs of other powers, naturally desire to see every country in
the undisturbed enjoyment of peace, liberty, and the blessings of free
institutions.
Our naval commanders in Cuban waters have been instructed, in case it
should become necessary, to spare no effort to protect the lives and
property of _bona fide_ American citizens and to maintain the dignity
of the flag.
It is hoped that all pending questions with Spain growing out of the
affairs in Cuba may be adjusted in the spirit of peace and conciliation
which has hitherto guided the two powers in their treatment of such
questions.
To give importance to and to add to the efficiency of our diplomatic
relations with Japan and China, and to further aid in retaining the good
opinion of those peoples, and to secure to the United States its share
of the commerce destined to flow between those nations and the balance
of the commercial world, I earnestly recommend that an appropriation
be made to support at least four American youths in each of those
countries, to serve as a part of the official family of our ministers
there. Our representatives would not even then be placed upon an
equality with the representatives of Great Britain and of some other
powers. As now situated, our representatives in Japan and China have to
depend for interpreters and translators upon natives of those countries
who know our language imperfectly, or procure for the occasion the
services of employees in foreign business houses or the interpreters to
other foreign ministers.
I would also recommend liberal measures for the purpose of supporting
the American lines of steamers now plying between San Francisco and
Japan and China, and the Australian line--almost our only remaining
lines of ocean steamers--and of increasing their services.
The national debt has been reduced to the extent of $86,057,126.80
during the year, and by the negotiation of national bonds at a lower
rate of interest the interest on the public debt has been so far
diminished that now the sum to be raised for the interest account is
nearly $17,000,000 less than on the 1st of March, 1869. It was highly
desirable that this rapid diminution should take place, both to
strengthen the credit of the country and to convince its citizens
of their entire ability to meet every dollar of liability without
bankrupting them. But in view of the accomplishment of these desirable
ends; of the rapid development of the resources of the country; its
increasing ability to meet large demands, and the amount already
paid, it is not desirable that the present resources of the country
should continue to be taxed in order to continue this rapid payment.
I therefore recommend a modification of both the tariff and
internal-tax law. I recommend that all taxes from internal sources
be abolished, except those collected from spirituous, vinous, and
malt liquors, tobacco in its various forms, and from stamps.
In readjusting the tariff I suggest that a careful estimate be made of
the amount of surplus revenue collected under the present laws, after
providing for the current expenses of the Government, the interest
account, and a sinking fund, and that this surplus be reduced in such a
manner as to afford the greatest relief to the greatest number. There
are many articles not produced at home, but which enter largely into
general consumption through articles which are manufactured at home,
such as medicines compounded, etc., etc., from which very little revenue
is derived, but which enter into general use. All such articles I
recommend to be placed on the "free list." Should a further reduction
prove advisable, I would then recommend that it be made upon those
articles which can best bear it without disturbing home production or
reducing the wages of American labor.
I have not entered into figures, because to do so would be to repeat
what will be laid before you in the report of the Secretary of the
Treasury. The present laws for collecting revenue pay collectors
of customs small salaries, but provide for moieties (shares in all
seizures), which, at principal ports of entry particularly, raise the
compensation of those officials to a large sum. It has always seemed
to me as if this system must at times work perniciously. It holds out
an inducement to dishonest men, should such get possession of those
offices, to be lax in their scrutiny of goods entered, to enable them
finally to make large seizures. Your attention is respectfully invited
to this subject.
Continued fluctuations in the value of gold, as compared with the
national currency, has a most damaging effect upon the increase and
development of the country, in keeping up prices of all articles
necessary in everyday life. It fosters a spirit of gambling, prejudicial
alike to national morals and the national finances. If the question
can be met as to how to get a fixed value to our currency, that value
constantly and uniformly approaching par with specie, a very desirable
object will be gained.
For the operations of the Army in the past year, the expense of
maintaining it, the estimate for the ensuing year, and for continuing
seacoast and other improvements conducted under the supervision of the
War Department, I refer you to the accompanying report of the Secretary
of War.
I call your attention to the provisions of the act of Congress approved
March 3, 1869, which discontinues promotions in the staff corps of the
Army until provided for by law. I recommend that the number of officers
in each grade in the staff corps be fixed, and that whenever the number
in any one grade falls below the number so fixed, that the vacancy may
be filled by promotion from the grade below. I also recommend that when
the office of chief of a corps becomes vacant the place may be filled by
selection from the corps in which the vacancy exists.
The report of the Secretary of the Navy shows an improvement in the
number and efficiency of the naval force, without material increase in
the expense of supporting it. This is due to the policy which has been
adopted, and is being extended as fast as our material will admit, of
using smaller vessels as cruisers on the several stations. By this means
we have been enabled to occupy at once a larger extent of cruising
grounds, to visit more frequently the ports where the presence of our
flag is desirable, and generally to discharge more efficiently the
appropriate duties of the Navy in time of peace, without exceeding the
number of men or the expenditure authorized by law.
During the past year the Navy has, in addition to its regular service,
supplied the men and officers for the vessels of the Coast Survey, and
has completed the surveys authorized by Congress of the isthmuses of
Darien and Tehuantepec, and, under like authority, has sent out an
expedition, completely furnished and equipped, to explore the unknown
ocean of the north.
The suggestions of the report as to the necessity for increasing and
improving the _matériel_ of the Navy, and the plan recommended for
reducing the _personnel_ of the service to a peace standard, by the
gradual abolition of certain grades of officers, the reduction of
others, and the employment of some in the service of the commercial
marine, are well considered and deserve the thoughtful attention of
Congress.
I also recommend that all promotions in the Navy above the rank of
captain be by selection instead of by seniority. This course will secure
in the higher grades greater efficiency and hold out an incentive to
young officers to improve themselves in the knowledge of their
profession.
The present cost of maintaining the Navy, its cost compared with that of
the preceding year, and the estimates for the ensuing year are contained
in the accompanying report of the Secretary of the Navy.
The enlarged receipts of the Post-Office Department, as shown by the
accompanying report of the Postmaster-General, exhibit a gratifying
increase in that branch of the public service. It is the index of the
growth of education and of the prosperity of the people, two elements
highly conducive to the vigor and stability of republics. With a vast
territory like ours, much of it sparsely populated, but all requiring
the services of the mail, it is not at present to be expected that this
Department can be made self-sustaining. But a gradual approach to this
end from year to year is confidently relied on, and the day is not far
distant when the Post-Office Department of the Government will prove a
much greater blessing to the whole people than it is now.
The suggestions of the Postmaster-General for improvements in the
Department presided over by him are earnestly recommended to your
special attention. Especially do I recommend favorable consideration of
the plan for uniting the telegraphic system of the United States with
the postal system. It is believed that by such a course the cost of
telegraphing could be much reduced, and the service as well, if not
better, rendered. It would secure the further advantage of extending the
telegraph through portions of the country where private enterprise will
not construct it. Commerce, trade, and, above all, the efforts to bring
a people widely separated into a community of interest are always
benefited by a rapid intercommunication. Education, the groundwork of
republican institutions, is encouraged by increasing the facilities to
gather speedy news from all parts of the country. The desire to reap the
benefit of such improvements will stimulate education. I refer you to
the report of the Postmaster-General for full details of the operations
of last year and for comparative statements of results with former
years.
There has been imposed upon the executive branch of the Government the
execution of the act of Congress approved April 20, 1871, and commonly
known as the Kuklux law, in a portion of the State of South Carolina.
The necessity of the course pursued will be demonstrated by the report
of the Committee to Investigate Southern Outrages. Under the provisions
of the above act I issued a proclamation[48] calling the attention of
the people of the United States to the same, and declaring my reluctance
to exercise any of the extraordinary powers thereby conferred upon me,
except in case of imperative necessity, but making known my purpose to
exercise such powers whenever it should become necessary to do so for
the purpose of securing to all citizens of the United States the
peaceful enjoyment of the rights guaranteed to them by the Constitution
and the laws.
After the passage of this law information was received from time to time
that combinations of the character referred to in this law existed and
were powerful in many parts of the Southern States, particularly in
certain counties in the State of South Carolina.
Careful investigation was made, and it was ascertained that in nine
counties of that State such combinations were active and powerful,
embracing a sufficient portion of the citizens to control the local
authority, and having, among other things, the object of depriving
the emancipated class of the substantial benefits of freedom and of
preventing the free political action of those citizens who did not
sympathize with their own views. Among their operations were frequent
scourgings and occasional assassinations, generally perpetrated at night
by disguised persons, the victims in almost all cases being citizens of
different political sentiments from their own or freed persons who had
shown a disposition to claim equal rights with other citizens. Thousands
of inoffensive and well-disposed citizens were the sufferers by this
lawless violence.
Thereupon, on the 12th of October, 1871, a proclamation[49] was issued,
in terms of the law, calling upon the members of those combinations to
disperse within five days and to deliver to the marshal or military
officers of the United States all arms, ammunition, uniforms, disguises,
and other means and implements used by them for carrying out their
unlawful purposes.
This warning not having been heeded, on the 17th of October another
proclamation[50] was issued, suspending the privileges of the writ of
_habeas corpus_ in nine counties in that State.
Direction was given that within the counties so designated persons
supposed, upon creditable information, to be members of such unlawful
combinations should be arrested by the military forces of the United
States and delivered to the marshal, to be dealt with according to law.
In two of said counties, York and Spartanburg, many arrests have been
made. At the last account the number of persons thus arrested was 168.
Several hundred, whose criminality was ascertained to be of an inferior
degree, were released for the present. These have generally made
confessions of their guilt.
Great caution has been exercised in making these arrests, and,
notwithstanding the large number, it is believed that no innocent person
is now in custody. The prisoners will be held for regular trial in the
judicial tribunals of the United States.
As soon as it appeared that the authorities of the United States were
about to take vigorous measures to enforce the law, many persons
absconded, and there is good ground for supposing that all of such
persons have violated the law. A full report of what has been done under
this law will be submitted to Congress by the Attorney-General.
In Utah there still remains a remnant of barbarism, repugnant to
civilization, to decency, and to the laws of the United States.
Territorial officers, however, have been found who are willing to
perform their duty in a spirit of equity and with a due sense of the
necessity of sustaining the majesty of the law. Neither polygamy nor
any other violation of existing statutes will be permitted within the
territory of the United States. It is not with the religion of the
self-styled Saints that we are now dealing, but with their practices.
They will be protected in the worship of God according to the dictates
of their consciences, but they will not be permitted to violate the laws
under the cloak of religion.
It may be advisable for Congress to consider what, in the execution of
the laws against polygamy, is to be the status of plural wives and their
offspring. The propriety of Congress passing an enabling act authorizing
the Territorial legislature of Utah to legitimize all children born
prior to a time fixed in the act might be justified by its humanity to
these innocent children. This is a suggestion only, and not a
recommendation.
The policy pursued toward the Indians has resulted favorably, so far
as can be judged from the limited time during which it has been in
operation. Through the exertions of the various societies of Christians
to whom has been intrusted the execution of the policy, and the board of
commissioners authorized by the law of April 10, 1869, many tribes of
Indians have been induced to settle upon reservations, to cultivate the
soil, to perform productive labor of various kinds, and to partially
accept civilization. They are being cared for in such a way, it is
hoped, as to induce those still pursuing their old habits of life to
embrace the only opportunity which is left them to avoid extermination.
I recommend liberal appropriations to carry out the Indian peace policy,
not only because it is humane, Christianlike, and economical, but
because it is right.
I recommend to your favorable consideration also the policy of granting
a Territorial government to the Indians in the Indian Territory west
of Arkansas and Missouri and south of Kansas. In doing so every right
guaranteed to the Indian by treaty should be secured. Such a course
might in time be the means of collecting most of the Indians now between
the Missouri and the Pacific and south of the British possessions into
one Territory or one State. The Secretary of the Interior has treated
upon this subject at length, and I commend to you his suggestions.
I renew my recommendation that the public lands be regarded as a
heritage to our children, to be disposed of only as required for
occupation and to actual settlers. Those already granted have been in
great part disposed of in such a way as to secure access to the balance
by the hardy settler who may wish to avail himself of them, but caution
should be exercised even in attaining so desirable an object.
Educational interest may well be served by the grant of the proceeds of
the sale of public lands to settlers. I do not wish to be understood as
recommending in the least degree a curtailment of what is being done by
the General Government for the encouragement of education.
The report of the Secretary of the Interior submitted with this will
give you all the information collected and prepared for publication in
regard to the census taken during the year 1870; the operations of the
Bureau of Education for the year; the Patent Office; the Pension Office;
the Land Office, and the Indian Bureau.
The report of the Commissioner of Agriculture gives the operations of
his Department for the year. As agriculture is the groundwork of our
prosperity, too much importance can not be attached to the labors of
this Department. It is in the hands of an able head, with able
assistants, all zealously devoted to introducing into the agricultural
productions of the nation all useful products adapted to any of the
various climates and soils of our vast territory, and to giving all
useful information as to the method of cultivation, the plants, cereals,
and other products adapted to particular localities. Quietly but surely
the Agricultural Bureau is working a great national good, and if
liberally supported the more widely its influence will be extended and
the less dependent we shall be upon the products of foreign countries.
The subject of compensation to the heads of bureaus and officials
holding positions of responsibility, and requiring ability and character
to fill properly, is one to which your attention is invited. But few of
the officials receive a compensation equal to the respectable support
of a family, while their duties are such as to involve millions of
interest. In private life services demand compensation equal to the
services rendered; a wise economy would dictate the same rule in the
Government service.
I have not given the estimates for the support of Government for the
ensuing year, nor the comparative statement between the expenditures
for the year just passed and the one just preceding, because all these
figures are contained in the accompanying reports or in those presented
directly to Congress. These estimates have my approval.
More than six years having elapsed since the last hostile gun was
fired between the armies then arrayed against each other--one for the
perpetuation, the other for the destruction, of the Union--it may well
be considered whether it is not now time that the disabilities imposed
by the fourteenth amendment should be removed. That amendment does not
exclude the ballot, but only imposes the disability to hold offices upon
certain classes. When the purity of the ballot is secure, majorities are
sure to elect officers reflecting the views of the majority. I do not
see the advantage or propriety of excluding men from office merely
because they were before the rebellion of standing and character
sufficient to be elected to positions requiring them to take oaths
to support the Constitution, and admitting to eligibility those
entertaining precisely the same views, but of less standing in their
communities. It may be said that the former violated an oath, while the
latter did not; the latter did not have it in their power to do so.
If they had taken this oath, it can not be doubted they would have
broken it as did the former class. If there are any great criminals,
distinguished above all others for the part they took in opposition to
the Government, they might, in the judgment of Congress, be excluded
from such an amnesty.
This subject is submitted for your careful consideration.
The condition of the Southern States is, unhappily, not such as all
true patriotic citizens would like to see. Social ostracism for
opinion's sake, personal violence or threats toward persons entertaining
political views opposed to those entertained by the majority of the old
citizens, prevents immigration and the flow of much-needed capital into
the States lately in rebellion. It will be a happy condition of the
country when the old citizens of these States will take an interest in
public affairs, promulgate ideas honestly entertained, vote for men
representing their views, and tolerate the same freedom of expression
and ballot in those entertaining different political convictions.
Under the provisions of the act of Congress approved February 21, 1871,
a Territorial government was organized in the District of Columbia. Its
results have thus far fully realized the expectations of its advocates.
Under the direction of the Territorial officers, a system of
improvements has been inaugurated by means of which Washington is
rapidly becoming a city worthy of the nation's capital. The citizens of
the District having voluntarily taxed themselves to a large amount for
the purpose of contributing to the adornment of the seat of Government,
I recommend liberal appropriations on the part of Congress, in order
that the Government may bear its just share of the expense of carrying
out a judicious system of improvements.
By the great fire in Chicago the most important of the Government
buildings in that city were consumed. Those burned had already become
inadequate to the wants of the Government in that growing city, and,
looking to the near future, were totally inadequate. I recommend,
therefore, that an appropriation be made immediately to purchase the
remainder of the square on which the burned buildings stood, provided it
can be purchased at a fair valuation, or provided that the legislature
of Illinois will pass a law authorizing its condemnation for Government
purposes; and also an appropriation of as much money as can properly be
expended toward the erection of new buildings during this fiscal year.
The number of immigrants ignorant of our laws, habits, etc., coming into
our country annually has become so great and the impositions practiced
upon them so numerous and flagrant that I suggest Congressional action
for their protection. It seems to me a fair subject of legislation by
Congress. I can not now state as fully as I desire the nature of the
complaints made by immigrants of the treatment they receive, but will
endeavor to do so during the session of Congress, particularly if the
subject should receive your attention.
It has been the aim of the Administration to enforce honesty and
efficiency in all public offices. Every public servant who has
violated the trust placed in him has been proceeded against with all the
rigor of the law. If bad men have secured places, it has been the fault
of the system established by law and custom for making appointments,
or the fault of those who recommend for Government positions persons
not sufficiently well known to them personally, or who give letters
indorsing the characters of office seekers without a proper sense
of the grave responsibility which such a course devolves upon them.
A civil-service reform which can correct this abuse is much desired.
In mercantile pursuits the business man who gives a letter of
recommendation to a friend to enable him to obtain credit from a
stranger is regarded as morally responsible for the integrity of his
friend and his ability to meet his obligations. A reformatory law which
would enforce this principle against all indorsers of persons for public
place would insure great caution in making recommendations. A salutary
lesson has been taught the careless and the dishonest public servant in
the great number of prosecutions and convictions of the last two years.
It is gratifying to notice the favorable change which is taking place
throughout the country in bringing to punishment those who have proven
recreant to the trusts confided to them and in elevating to public
office none but those who possess the confidence of the honest and the
virtuous, who, it will always be found, comprise the majority of the
community in which they live.
In my message to Congress one year ago I urgently recommended a
reform in the civil service of the country. In conformity with that
recommendation Congress, in the ninth section of "An act making
appropriations for sundry civil expenses of the Government, and for
other purposes," approved March 3, 1871, gave the necessary authority
to the Executive to inaugurate a civil-service reform, and placed upon
him the responsibility of doing so. Under the authority of said act I
convened a board of gentlemen eminently qualified for the work to devise
rules and regulations to effect the needed reform. Their labors are not
yet complete, but it is believed that they will succeed in devising a
plan that can be adopted to the great relief of the Executive, the heads
of Departments, and members of Congress, and which will redound to the
true interest of the public service. At all events, the experiment shall
have a fair trial.
I have thus hastily summed up the operations of the Government during
the last year, and made such suggestions as occur to me to be proper for
your consideration. I submit them with a confidence that your combined
action will be wise, statesmanlike, and in the best interests of the
whole country.
U.S. GRANT.
[Footnote 48: See pp. 134-135.]
[Footnote 49: See pp. 135-136.]
[Footnote 50: See pp. 136-138.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 4, 1871_.
_To the House of Representatives:_
In compliance with section 2 of the act making appropriations for the
consular and diplomatic expenses of the Government for the year ending
June 30, 1871, approved July 11, 1870, I herewith transmit the names and
reports of and the amounts paid to consular agents of the United States.
U.S. GRANT.
WASHINGTON, _December 4, 1871_.
_To the Senate and House of Representatives:_
I transmit herewith to Congress a report, dated November 8, 1871,
received from the Secretary of State, in compliance with the requirement
of the act of March 3, 1871, making appropriations, among other things,
for the increase of expenses and compensation of certain diplomatic
and consular officers of the United States on account of the late war
between France and Prussia. The expenditures therein mentioned have
been made on my approval.
U.S. GRANT.
WASHINGTON, _December 4, 1871_.
_To the Senate and House of Representatives:_
I herewith transmit to Congress a report, dated the 4th instant, with
the accompanying papers,[51] received from the Secretary of State, in
compliance with the requirements of the eighteenth section of the act
entitled "An act to regulate the diplomatic and consular systems of the
United States," approved August 18, 1856.
U.S. GRANT.
[Footnote 51: Report of fees collected, etc., by consular officers of
the United States for 1870, and tariff of consular fees prescribed by
the President October 1, 1870.]
WASHINGTON, _December 5, 1871_.
_To the Senate and House of Representatives:_
In pursuance of the provisions of the second section of the act approved
June 20, 1864, entitled "An act making appropriations for the consular
and diplomatic expenses of the Government for the year ending the 30th
of June, 1865, and for other purposes," I inform Congress that William
Heine, a consular clerk, was on the 30th of August last removed from
office for the following cause, viz: Insubordination, disobedience of
orders, and disrespectful conduct toward his superiors.
U.S. GRANT.
WASHINGTON, _December 6, 1871_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 5th
instant, a report from the Secretary of State, with accompanying
papers.[52]
U.S. GRANT.
[Footnote 52: Correspondence relative to the retirement of Constantin de
Catacazy, minister from Russia to the United States.]
EXECUTIVE MANSION, _December 19, 1871_.
_To the Senate and House of Representatives:_
In accordance with the act of Congress approved March 3, 1871,
I convened a commission of eminent gentlemen to devise rules and
regulations for the purpose of reforming the civil service. Their labors
are now completed, and I transmit herewith their report,[53] together
with the rules which they recommend for my action. These rules have been
adopted and will go into effect on the 1st day of January, 1872.
Under the law referred to, as I interpret it, the authority is already
invested in the Executive to enforce these regulations, with full power
to abridge, alter, or amend them, at his option, when changes may be
deemed advisable.
These views, together with the report of the commissioners, are
submitted for your careful consideration as to whether further
legislation may be necessary in order to carry out an effective and
beneficial civil-service reform. If left to me, without further
Congressional action, the rules prescribed by the commission, under the
reservation already mentioned, will be faithfully executed; but they are
not binding, without further legislation, upon my successors.
Being desirous of bringing this subject to the attention of Congress
before the approaching recess, I have not time to sufficiently examine
the accompanying report to enable me to suggest definite legislative
action to insure the support which may be necessary in order to give
a thorough trial to a policy long needed.
I ask for all the strength which Congress can give me to enable
me to carry out the reforms in the civil service recommended by the
commission, and adopted to take effect, as before stated, on January 1,
1872.
The law which provides for the convening of a commission to devise
rules and regulations for reforming the civil service authorizes,
I think, the permanent organization of a primary board under whose
general direction all examinations of applicants for public office shall
be conducted. There is no appropriation to continue such a board beyond
the termination of its present labors. I therefore recommend that a
proper appropriation be made to continue the services of the present
board for another year, and in view of the fact that three members of
the board held positions in the public service, which precludes them
from receiving extra compensation, under existing laws, that they be
authorized to receive a fair compensation for extra services rendered
by them in the performance of this duty.
U.S. GRANT.
[Footnote 53: Omitted.]
RULES FOR THE CIVIL SERVICE.
1. No person shall be admitted to any position in the civil service
within the appointment of the President or the heads of Departments who
is not a citizen of the United States; who shall not have furnished
satisfactory evidence in regard to character, health, and age, and who
shall not have passed a satisfactory examination in speaking, reading,
and writing the English language.
2. An advisory board of suitable persons, to be employed by the
President under the ninth section of the act of March 3, 1871, entitled
"An act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June 30, 1872, and for other
purposes," shall, so far as practicable, group the positions in each
branch of the civil service according to the character of the duties to
be performed, and shall grade each group from lowest to highest for the
purpose of promotion within the group. Admission to the civil service
shall always be to the lowest grade of any group; and to such positions
as can not be grouped or graded admission shall be determined as
provided for the lowest grade.
3. A vacancy occurring in the lowest grade of any group of offices shall
be filled, after due public notice, from all applicants who shall
present themselves, and who shall have furnished the evidence and
satisfied the preliminary examination already mentioned, and who shall
have passed a public competitive examination to test knowledge, ability,
and special qualifications for the performance of the duties of the
office. The board conducting such competitive examination shall prepare,
under the supervision of the Advisory Board, a list of the names of the
applicants in the order of their excellence as proved by such
examination, beginning with the highest, and shall then certify to the
nominating or appointing power, as the case may be, the names standing
at the head of such list, not exceeding three, and from the names thus
certified the appointment shall be made.
4. A vacancy occurring in any grade of a group of offices above the
lowest shall be filled by a competitive examination of applicants from
the other grades of that group, and the list of names from which the
appointment is to be made shall be prepared and certified as provided
in the preceding rule; but if no such applicants are found competent
the appointment shall be made upon an examination of all applicants,
conducted in accordance with the provisions for admission to the lowest
grade.
5. Applicants certified as otherwise qualified for appointment as
cashiers of collectors of customs, cashiers of assistant treasurers,
cashiers of postmasters, superintendents of money-order divisions in
post-offices, and such other custodians of large sums of money as may
hereafter be designated by the Advisory Board, and for whose pecuniary
fidelity another officer is responsible, shall, nevertheless, not be
appointed except with the approval of such other officer.
6. Postmasters whose annual salary is less than $200 may be appointed
upon the written request of applicants, with such evidence of character
and fitness as shall be satisfactory to the head of the Department.
7. The appointment of all persons entering the civil service in
accordance with these regulations, excepting persons appointed by the
President by and with the advice and consent of the Senate, postmasters,
and persons appointed to any position in a foreign country, shall be
made for a probationary term of six months, during which the conduct and
capacity of such persons shall be tested; and if at the end of said
probationary term satisfactory proofs of their fitness shall have been
furnished by the board of examiners to the head of the Department in
which they shall have been employed during said term, they shall be
reappointed.
8. The President will designate three persons in each Department of
the public service to serve as a board of examiners, which, under the
supervision of the Advisory Board and under regulations to be prescribed
by it, and at such times and places as it may determine, shall conduct,
personally or by persons approved by the Advisory Board, all
investigations and examinations for admission into said Departments or
for promotion therein.
9. Any person who, after long and faithful service in a Department,
shall be incapacitated by mental or bodily infirmity for the efficient
discharge of the duties of his position may be appointed by the head of
the Department, at his discretion, to a position of less responsibility
in the same Department.
10. Nothing in these rules shall prevent the appointment of aliens to
positions in the consular service which by reason of small compensation
or of other sufficient cause are, in the judgment of the appointing
power, necessarily so filled, nor the appointment of such persons within
the United States as are indispensable to a proper discharge of the
duties of certain positions, but who may not be familiar with the
English language or legally capable of naturalization.
11. No head of a Department nor any subordinate officer of the
Government shall, as such officer, authorize or permit or assist in
levying any assessment of money for political purposes, under the form
of voluntary contributions or otherwise, upon any person employed under
his control, nor shall any such person pay any money so assessed.
12. The Advisory Board shall at any time recommend to the President such
changes in these rules as it may consider necessary to secure the
greater efficiency of the civil service.
13. From these rules are excepted the heads of Departments, Assistant
Secretaries of Departments, Assistant Attorneys-General, and First
Assistant Postmaster-General, Solicitor-General, Solicitor of the
Treasury, Naval Solicitor, Solicitor of Internal Revenue, examiner of
claims in the State Department, Treasurer of the United States, Register
of the Treasury, First and Second Comptrollers of the Treasury, judges
of the United States courts, district attorneys, private secretary of
the President, ambassadors and other public ministers, Superintendent
of the Coast Survey, Director of the Mint, governors of Territories,
special commissioners, special counsel, visiting and examining boards,
persons appointed to positions without compensation for services,
dispatch agents, and bearers of dispatches.
EXECUTIVE MANSION, _December 20, 1871_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 6th
instant, requesting information in regard to certain measures with
reference to the Spanish West Indies, I transmit reports from the
Secretary of State and of the Navy, with the documents by which they
were accompanied.
U.S. GRANT.
WASHINGTON, _January 8, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 6th of
December, requesting to be informed if any further action is necessary
by Congress to secure the immediate temporary preservation of the
archives or public records now in the State Department, I transmit a
report and accompanying papers from the Secretary of State.
U.S. GRANT.
WASHINGTON, _January 9, 1872_.
_To the Senate:_
In answer to the resolution of the Senate of the 19th of December
last, calling for certain correspondence relating to the subject of
international coinage not heretofore furnished, I transmit herewith a
report from the Secretary of State, with the papers which accompanied
it.
U.S. GRANT.
WASHINGTON, _January 15, 1872_.
_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 and His Majesty the
Emperor of Austria-Hungary, relative to the protection of trade-marks.
U.S. GRANT.
WASHINGTON, _January 15, 1872_.
_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 and His Majesty the
Emperor of Germany, relative to the rights, privileges, and duties of
consuls and to the protection of trade-marks, signed at Berlin on the
11th ultimo.
A copy of the dispatch of the 11th ultimo from Mr. Bancroft, which
accompanied the convention, is also transmitted for the information of
the Senate.
U.S. GRANT.
WASHINGTON, _January 16, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 16th of May last,
calling for papers, correspondence, and information relating to the case
of the ship _Hudson_ and schooner _Washington_[54] I transmit reports
from the Secretaries of State and of the Navy and the papers by which
they were accompanied.
U.S. GRANT.
[Footnote 54: Seized by British authorities at the Falkland Islands in
1854.]
WASHINGTON, _January 30, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 15th
instant, calling for certain correspondence relating to the release of
the Fenian prisoner William G. Halpine, I transmit herewith a report of
the Secretary of State.
U.S. GRANT.
WASHINGTON, _February 2, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, in answer to their resolution of the 16th
ultimo, a report from the Secretary of State, with accompanying
papers.[55]
U.S. GRANT.
[Footnote 55: Correspondence relative to the seizure and detention of
the American steamers _Hero, Dudley Buck, Nutrias_, and _San Fernando_,
property of the Venezuela Steam Transportation Company, and the virtual
imprisonment of the officers of those vessels.]
WASHINGTON, _February 13, 1872_.
_To the Senate of the United States:_
In answer to the resolution adopted by the Senate on the 19th of
December last, relative to questions with Spain growing out of affairs
in Cuba and to instructions to our naval commanders in Cuban waters,
I transmit reports from the Secretaries of State and of the Navy.
U.S. GRANT.
WASHINGTON, _February 13, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 8th instant, I transmit
a report from the Secretary of State and the copy of the case of the
United States presented to the tribunal of arbitration at Geneva, which
accompanied it.
U.S. GRANT.
WASHINGTON, _February 23, 1872_.
_To the Senate of the United States:_
I transmit herewith, for the consideration of the Senate, a preliminary
report of Dr. E.C. Wines, appointed under a joint resolution of Congress
of the 7th of March, 1871, as commissioner of the United States to the
international congress on the prevention and repression of crime,
including penal and reformatory treatment.
U.S. GRANT.
WASHINGTON, _March 11, 1872_.
_To the House of Representatives:_
I transmit herewith a report,[56] dated the 5th instant, received from
the Secretary of State, in compliance with the resolution of the House
of Representatives of the 28th of February ultimo.
U.S. GRANT.
[Footnote 56: Relative to the number of consular and commercial agents
of the United States abroad who speak or write the language of the
country in which their districts are situated.]
EXECUTIVE MANSION, _March 15, 1872_.
_To the Senate and House of Representatives:_
I have the honor herewith to transmit to Congress a recommendation from
Hon. M.D. Leggett, Commissioner of Patents, for the reorganization of
his office, and also the letter of the Secretary of the Interior
accompanying it.
I concur with the Secretary of the Interior in the views expressed in
his letter, and recommend the careful consideration of Congress to the
subject of this communication, and action which will secure a more
efficient performance of the duties of the Patent Office than is
practicable under present legislation.
U.S. GRANT.
WASHINGTON, _March 16, 1872_.
_To the House of Representatives:_
I transmit herewith a report,[57] dated the 16th instant, received from
the Secretary of State, in compliance with the resolution of the House
of Representatives of the 7th instant.
U.S. GRANT.
[Footnote 57: Stating that there are no papers in the Department of
State to show that the inhabitants of the Navigators Islands, in the
Pacific Ocean, have made application to have the protection of the
United States extended over said islands.]
WASHINGTON, _March 19, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for consideration with a view to its
ratification, a "general convention of friendship, commerce, and
extradition" between the United States and the Orange Free State, signed
at Bloemfontein on the 22d of December last by W.W. Edgcomb, consul of
the United States at Cape Town, acting on behalf of this Government, and
by Mr. F.K. Höhne on behalf of the Orange Free State.
U.S. GRANT.
WASHINGTON, _March 20, 1872_.
_To the House of Representatives:_
I transmit herewith a report,[58] dated the 20th instant, received from
the Secretary of State, to whom was referred the resolution of the House
of Representatives of the 28th ultimo.
U.S. GRANT.
[Footnote 58: Transmitting a translation of the Spanish royal decree of
July 6, 1860, prescribing regulations for the introduction of Chinese
laborers into Cuba, and translation of a decree of Count Valmaseda,
Captain-General of Cuba, of December 13, 1871, relative to the decree of
July 6, 1860.]
WASHINGTON, _March 23, 1872_.
_To the House of Representatives of the United States:_
In answer to a resolution of the House of Representatives of the 20th
instant, I transmit a report from the Secretary of State, with a list
of the newspapers[59] which accompanied it.
U.S. GRANT.
[Footnote 59: Selected to publish the laws of the United States for the
second session of the Forty-second Congress.]
WASHINGTON, _March 28, 1872_.
_To the House of Representatives:_
I transmit to the House of Representatives, in answer to their
resolution of the 19th instant, a report of the Secretary of State and
the papers[60] which accompany the same.
U.S. GRANT.
[Footnote 60: Correspondence relative to the imprisonment by Spanish
authorities of Dr. J.R. Houard, a citizen of the United States, charged
with complicity in the insurrection in Cuba.]
WASHINGTON, _April 2, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 18th of January last,
relating to British light-house dues, I transmit herewith a report from
the Secretary of State and the documents which accompanied it.
U.S. GRANT.
WASHINGTON, _April 4, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 14th
of January last, I transmit herewith a report[61] of the Secretary of
State.
U.S. GRANT.
[Footnote 61: Stating that the report of Richard D. Cutts on the
marketable products of the sea was transmitted with the message of
President Johnson of February 17, 1869.]
EXECUTIVE MANSION, _April 19, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 25th
of January last, I have the honor to submit the following, accompanied
by the report of the Attorney-General, to whom the resolution was
referred:
Representations having been made to me that in certain portions of South
Carolina a condition of lawlessness and terror existed, I requested the
then Attorney-General (Akerman) to visit that State, and after personal
examination to report to me the facts in relation to the subject.
On the 16th of October last he addressed me a communication from South
Carolina, in which he stated that in the counties of Spartanburg,
York, Chester, Union, Laurens, Newberry, Fairfield, Lancaster, and
Chesterfield there were combinations for the purpose of preventing the
free political action of citizens who were friendly to the Constitution
and the Government of the United States, and of depriving emancipated
classes of the equal protection of the laws.
"These combinations embrace at least two-thirds of the active white men
of those counties, and have the sympathy and countenance of a majority
of the one-third. They are connected with similar combinations in other
counties and States, and no doubt are part of a grand system of criminal
associations pervading most of the Southern States. The members are
bound to obedience and secrecy by oaths which they are taught to regard
as of higher obligation than the lawful oaths taken before civil
magistrates.
"They are organized and armed. They effect their objects by personal
violence, often extending to murder. They terrify witnesses; they
control juries in the State courts, and sometimes in the courts of
the United States. Systematic perjury is one of the means by which
prosecutions of the members are defeated. From information given by
officers of the State and of the United States and by credible private
citizens I am justified in affirming that the instances of criminal
violence perpetrated by these combinations within the last twelve
months in the above-named counties could be reckoned by thousands."
I received information of a similar import from various other sources,
among which were the Joint Select Committee of Congress upon Southern
Outrages, the officers of the State, the military officers of the United
States on duty in South Carolina, the United States attorney and
marshal, and other civil officers of the Government, repentant and
abjuring members of those unlawful organizations, persons specially
employed by the Department of Justice to detect crimes against the
United States, and from other credible persons.
Most, if not all, of this information, except what I derived from the
Attorney-General, came to me orally, and was to the effect that said
counties were under the sway of powerful combinations, properly known as
"Kuklux Klans," the objects of which were by force and terror to prevent
all political action not in accord with the views of the members; to
deprive colored citizens of the right to bear arms and of the right to a
free ballot; to suppress schools in which colored children were taught,
and to reduce the colored people to a condition closely akin to that of
slavery; that these combinations were organized and armed, and had
rendered the local laws ineffectual to protect the classes whom they
desired to oppress; that they had perpetrated many murders and hundreds
of crimes of minor degree, all of which were unpunished; and that
witnesses could not safely testify against them unless the more active
members were placed under restraint.
U.S. GRANT.
WASHINGTON, _April 20, 1872_.
_To the House of Representatives:_
I transmit, for the information of the House of Representatives, a
report from the Secretary of State and the copy of the counter case of
the United States in the matter of the claims against Great Britain, as
presented to the board of arbitration at Geneva, which accompanies it.
U.S. GRANT.
[The same message was sent to the Senate.]
WASHINGTON, _April 24, 1872_.
_To the House of Representatives of the United States:_
In answer to a resolution of the 22d instant, I transmit to the House
of Representatives a report from the Secretary of State, with the British
case[62] and papers which accompanied it.
U.S. GRANT.
[Footnote 62: Presented to the board of arbitration at Geneva.]
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of yesterday,
I transmit a report of the Secretary of State and copies of the British
counter case,[63] and the volumes of appendixes to the British case
which accompany it.
U.S. GRANT.
APRIL 29, 1872.
[Footnote 63: Presented to the board of arbitration at Geneva.]
EXECUTIVE MANSION, _April 30, 1872_.
_To the Senate and House of Representatives:_
I have the honor to transmit herewith the annual report of the board
of public works of the District of Columbia, submitted to me for that
purpose by the governor of the Territory in accordance with section 37
of "An act to provide a government for the District of Columbia,"
approved February 21, 1871.
U.S. GRANT.
WASHINGTON, D.C., _May 7, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 15th
of March last, I transmit herewith a report of the Secretary of State and
the papers[64] which accompanied it.
U.S. GRANT.
[Footnote 64: Correspondence relative to the claim of the owners of
the steamer _Aroostook_ for compensation for the use of that vessel in
searching for bodies and property lost in the United States steamer
_Oneida_, wrecked in the Bay of Yedo in 1870.]
WASHINGTON, _May 7, 1872_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to its
ratification, a convention between the United States and the Republic
of Ecuador for the purpose of regulating the citizenship of persons who
emigrate from the one country to the other, which instrument was signed
in this city on the 6th instant.
U.S. GRANT.
WASHINGTON, _May 7, 1872_.
_To the Senate of the United States:_
I herewith communicate to the Senate a report from the Acting Secretary
of the Interior of this date, in answer to the resolution of that body
adopted on the 23d ultimo, calling for information relative to the
recent affray at the court-house in Going Snake district, Indian
Territory.
In view of the feeling of hostility which exists between the Cherokees
and the United States authorities of the western district of Arkansas,
it seems to be necessary that Congress should adopt such measures as
will tend to allay that feeling and at the same time secure the
enforcement of the laws in that Territory.
I therefore concur with the Acting Secretary of the Interior in
suggesting the adoption of a pending bill for the erection of a judicial
district within the Indian Territory, as a measure which will afford the
most immediate remedy for the existing troubles.
U.S. GRANT.
[A similar message, dated May 10, was sent to the House of
Representatives, in answer to a resolution of that body of April 29.]
WASHINGTON, _May 13, 1872_.
_To the Senate of the United States:_
I transmit herewith the correspondence which has recently taken place
respecting the differences of opinion which have arisen between this
Government and that of Great Britain with regard to the powers of the
tribunal of arbitration created under the treaty signed at Washington
May 8, 1871.
I respectfully invite the attention of the Senate to the proposed
article submitted by the British Government with the object of removing
the differences which seem to threaten the prosecution of the
arbitration, and request an expression by the Senate of their
disposition in regard to advising and consenting to the formal adoption
of an article such as is proposed by the British Government.
The Senate is aware that the consultation with that body in advance
of entering into agreements with foreign states has many precedents.
In the early days of the Republic General Washington repeatedly asked
their advice upon pending questions with such powers. The most important
recent precedent is that of the Oregon boundary treaty, in 1846.
The importance of the results hanging upon the present state of the
treaty with Great Britain leads me to follow these former precedents
and to desire the counsel of the Senate in advance of agreeing to the
proposal of Great Britain.
U.S. GRANT.
EXECUTIVE MANSION, _May 14, 1872_.
_To the Senate and House of Representatives of the United States:_
In my message to Congress at the beginning of its present session
allusion was made to the hardships and privations inflicted upon poor
immigrants on shipboard and upon arrival on our shores, and a suggestion
was made favoring national legislation for the purpose of effecting a
radical cure of the evil.
Promise was made that a special message on this subject would be
presented during the present session should information be received
which would warrant it. I now transmit to the two Houses of Congress
all that has been officially received since that time bearing upon the
subject, and recommend that such legislation be had as will secure,
first, such room and accommodation on shipboard as is necessary for
health and comfort, and such privacy and protection as not to compel
immigrants to be the unwilling witnesses to so much vice and misery;
and, second, legislation to protect them upon their arrival at our
seaports from the knaves who are ever ready to despoil them of the
little all which they are able to bring with them. Such legislation
will be in the interests of humanity, and seems to be fully justifiable.
The immigrant is not a citizen of any State or Territory upon his
arrival, but comes here to become a citizen of a great Republic, free
to change his residence at will, to enjoy the blessings of a protecting
Government, where all are equal before the law, and to add to the
national wealth by his industry.
On his arrival he does not know States or corporations, but confides
implicitly in the protecting arm of the great, free country of which
he has heard so much before leaving his native land. It is a source of
serious disappointment and discouragement to those who start with means
sufficient to support them comfortably until they can choose a residence
and begin employment for a comfortable support to find themselves
subject to ill treatment and every discomfort on their passage here, and
at the end of their journey seized upon by professed friends, claiming
legal right to take charge of them for their protection, who do not
leave them until all their resources are exhausted, when they are
abandoned in a strange land, surrounded by strangers, without employment
and ignorant of the means of securing it. Under the present system this
is the fate of thousands annually, the exposures on shipboard and the
treatment on landing driving thousands to lives of vice and shame who,
with proper humane treatment, might become useful and respectable
members of society.
I do not advise national legislation in affairs that should be regulated
by the States; but I see no subject more national in its character than
provision for the safety and welfare of the thousands who leave foreign
lands to become citizens of this Republic.
When their residence is chosen, they may then look to the laws of their
locality for protection and guidance.
The mass of immigrants arriving upon our shores, coming, as they do, on
vessels under foreign flags, makes treaties with the nations furnishing
these immigrants necessary for their complete protection. For more than
two years efforts have been made on our part to secure such treaties,
and there is now reasonable ground to hope for success.
U.S. GRANT.
WASHINGTON, _May 14, 1872_.
_To the Senate of the United States:_
In answer to a resolution of the Senate of the 28th of March last, I
transmit herewith copies of the correspondence between the Department of
State and the consul of the United States at Bucharest relative to the
persecution and oppression of the Israelites in the Principality of
Roumania.
U.S. GRANT.
WASHINGTON, _May 15, 1872_.
_To the House of Representatives:_
I transmit herewith, for the information of the House of
Representatives, the correspondence which has recently taken place
respecting the differences of opinion which have arisen between this
Government and that of Great Britain with regard to the powers of the
tribunal of arbitration created under the treaty signed at Washington
May 8, 1871, and which has led to certain negotiations, still pending,
between the two Governments.
U.S. GRANT.
WASHINGTON, _May 17, 1872_.
_To the Senate of the United States:_
I herewith transmit to the Senate a communication of this date from
the Acting Secretary of the Interior, and the papers therein described,
containing information[65] called for in the Senate resolution of the 23d
ultimo, which was answered in part on the 8th [7th] instant.
U.S. GRANT.
[Footnote 65: Relating to acts of United States marshals and deputy
marshals in that portion of the western district of Arkansas comprising
the Indian country.]
WASHINGTON, _May 21, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 14th
instant, requesting information in regard to the commerce between the
United States and certain British colonial possessions, I transmit a
report from the Secretary of State and the documents by which it was
accompanied.
U.S. GRANT.
WASHINGTON, _May 22, 1872_.
_To the House of Representatives:_
In answer to a resolution of the House of Representatives of the 20th
instant, requesting me to join the Italian Government in a protest
against the intolerant and cruel treatment of the Jews in Roumania, I
transmit a report from the Secretary of State relative to the subject.
U.S. GRANT.
WASHINGTON, _May 22, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration, an agreement between
the Great Chief of the island of Tutuila, one of the Samoan group, in
the South Pacific, and Commander R.W. Meade, commanding the United
States steamer _Narragansett_, bearing date the 17th of February last.
This instrument proposes to confer upon this Government the exclusive
privilege of establishing a naval station in the dominions of that chief
for the equivalent of protecting those dominions.
A copy of a letter of the 15th instant, and of its accompaniment,
addressed by the Secretary of the Navy to the Secretary of State,
descriptive of Tutuila and of other islands of the group, and of a
letter in the nature of a protest from a person claiming to be consul
of the North German Confederation in that quarter, are also herewith
transmitted. No report has yet been received from Commander Meade on the
subject. Although he was without special instructions or authority to
enter into such agreement, the advantages of the concession which it
proposes to make are so great, in view of the advantageous position
of Tutuila, especially as a coaling station for steamers between San
Francisco and Australia, that I should not hesitate to recommend its
approval but for the protection on the part of the United States
which it seems to imply. With some modification of the obligation
of protection which the agreement imports, it is recommended to the
favorable consideration of the Senate.
U.S. GRANT.
EXECUTIVE MANSION, _May 23, 1872_.
_To the Senate of the United States:_
I have the honor to transmit herewith, in answer to the resolution
of the Senate of March 12, requesting to be informed of "the amount
of money expended by the Government of the United States during the
last three years for telegraphing by ocean cables," reports from the
different Departments of the Government, to which the resolution was
referred.
U.S. GRANT.
EXECUTIVE MANSION, _May 24, 1872_.
_To the Senate and House of Representatives:_
In compliance with section 2 of the act approved July 11, 1870, entitled
"An act making appropriations for the consular and diplomatic expenses
of the Government for the year ending June 30, 1871, and for other
purposes," I have the honor to transmit herewith the report of D.B.R.
Keim, agent to examine consular affairs.
U.S. GRANT.
EXECUTIVE MANSION, _May 28, 1872_.
_To the House of Representatives:_
In further answer to the resolution of the 14th instant of the House of
Representatives, wherein information in regard to commerce between the
United States and certain British colonial possessions is requested, I
transmit a report from the Postmaster-General and the document by which
it was accompanied.
U.S. GRANT.
WASHINGTON, _May 28, 1872_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 7th
instant, requesting copies of correspondence in regard to an extradition
treaty with Belgium, I transmit a report from the Secretary of State and
the documents by which it was accompanied.
U.S. GRANT.
EXECUTIVE MANSION, _May 31, 1872_.
_To the Senate and House of Representatives:_
I have the honor to respectfully call the attention of Congress to an
act approved July 14, 1870, directing the Secretary of War to place at
the disposal of the President certain bronze ordnance, to aid in the
erection of an equestrian statue of the late General John A. Rawlins,
and to the facts that no appropriation of money to pay for the statue
is made by the resolution and no artist is named or party designated to
whom the ordnance is to be delivered. In view of the ambiguity of the
statute, I would recommend that Congress signify what action is desired
as to the selection of the artist, and that the necessary sum required
for the erection of the monument be appropriated. A board of officers
should also be named to designate the location of the monument.
U.S. GRANT.
VETO MESSAGES.
EXECUTIVE MANSION, _March 28, 1872_.
_To the House of Representatives:_
I herewith return, for the further consideration of Congress, without
my approval, House bill No. 1550, "An act for the relief of the estate
of Dr. John F. Hanks," for the reason that the records of the Treasury
Department show that the current moneys taken by Colonel S.B. Holabird
from the Louisiana State Bank of New Orleans in the month of August,
1862, were accounted for by that officer to the Treasury Department,
and the names of the depositors given, and that the name of Dr. John
F. Hanks does not appear among them.
It also appears from the records of the Treasury Department that among
the effects taken from the Louisiana State Bank of New Orleans was the
sum of $1,729 of Confederate money, and that the said sum stood upon
the books of said bank to the credit of J.F. Hanks. It is but justice,
however, to the executors of the estate of Dr. Hanks to state that there
is every reason to believe that the money deposited by Dr. Hanks in the
Louisiana State Bank was in current funds, and that when application was
made to Congress for the recovery of the same they believed, and had
evidence to satisfy them, that such funds had found their way into the
Treasury of the United States. There has unquestionably been a mistake
made, either by the officers of the Louisiana State Bank or the persons
engaged in removing the funds of that bank, by which the estate of Dr.
Hanks is loser to the amount of relief afforded by House bill No. 1550.
Accompanying this I send the statement furnished by the Secretary of the
Treasury of the funds covered into his Department, and accounted for
through it, arising from the seizure of funds of the Louisiana State
Bank of New Orleans in the month of August, 1862.
U.S. GRANT.
EXECUTIVE MANSION, _April 1, 1872_.
_To the House of Representatives:_
I return herewith, for the further consideration of Congress, House
bill No. 1867, "An act for the relief of James T. Johnston," without my
approval, for the reason that the records of the Treasury Department
show that the lot sold in the name of J.T. Johnston, situate on Prince
street, Alexandria, Va., for taxes due the United States, is numbered
162, instead of 163, as represented in this bill. With the exception of
this discrepancy in the number of the lot there is no reason why the
bill should not receive my approval.
U.S. GRANT.
WASHINGTON, _April 10, 1872_.
_To the House of Representatives:_
I have received and taken into consideration the bill entitled "An act
for the relief of the children of John M. Baker, deceased," and,
pursuant to the duty required of me by the Constitution, I return the
same with my objections to the House of Representatives, in which it
originated.
The bill proposes to pay a sum of money to the children of John M.
Baker, deceased, late United States consul at Rio Janeiro, for services
of that person as acting chargé d'affaires of the United States
in the year 1834. So far as it can be ascertained it is apprehended
that the bill may have received the sanction of Congress through some
inadvertence, for upon inquiry at the proper Department it appears that
Mr. Baker never did act as chargé d'affaires of the United States at Rio
Janeiro, and that he was not authorized so to act, but, on the contrary,
was expressly forbidden to enter into diplomatic correspondence with the
Government of Brazil.
The letter of the 8th of February, 1854, a copy of which is annexed,
addressed by William L. Marcy, then Secretary of State, to James M.
Mason, chairman of the Committee on Foreign Relations of the Senate,
specifies objections to the claim, which it is believed have not since
diminished, and in which I fully concur.
U.S. GRANT.
EXECUTIVE MANSION, _April 15, 1872_.
_To the Senate of the United States:_
I return without my approval an act entitled "An act granting a pension
to Abigail Ryan, widow of Thomas A. Ryan." The name of Mrs. Ryan is now
borne upon the pension rolls, pursuant to an act of Congress entitled
"An act for the relief of Mrs. Abigail Ryan," approved June 15, 1866
(14 U.S. Statutes at Large, p. 590).
U.S. GRANT.
EXECUTIVE MANSION, _April 22, 1872_.
_To the House of Representatives:_
I return herewith House resolution No. 622, entitled "An act granting
a pension to Richard B. Crawford," without my approval, for the reason
that said Crawford is now drawing a pension as a private soldier, the
wound on account of which he was pensioned having been received before
his promotion to a lieutenancy.
U.S. GRANT.
EXECUTIVE MANSION, _May 14, 1872_.
_To the Senate of the United States:_
I have the honor to return herewith the bill (S. 955) entitled
"An act granting a pension to Mary Ann Montgomery, widow of William
W. Montgomery, late captain in Texas Volunteers," without my approval,
inasmuch as the concluding phrase, "and in respect to her minor children
under 16 years of age," has obviously no meaning whatsoever. If it were
the intention of the framer of the bill that the pension thereby granted
should revert to said minor children upon the remarriage or death of the
widow, the phrase referred to should read as follows: "And in the event
of her remarriage or death, to her minor children under 16 years of
age." I therefore return the bill for proper action.
U.S. GRANT.
WASHINGTON, _June 1, 1872_.
_To the Senate of the United States:_
I have examined the bill entitled "An act for the relief of J. Milton
Best," and, being unable to give it my approval, return the same to the
Senate, the House in which it originated, without my signature.
The bill appropriates the sum of $25,000 to compensate Dr. J. Milton
Best for the destruction of his dwelling house and its contents by order
of the commanding officer of the United States military forces at
Paducah, Ky., on the 26th day of March, 1864. It appears that this house
was one of a considerable number destroyed for the purpose of giving
open range to the guns of a United States fort. On the day preceding
the destruction the houses had been used as a cover for rebel troops
attacking the fort, and, apprehending a renewal of the attack, the
commanding officer caused the destruction of the houses. This, then, is
a claim for compensation on account of the ravages of war. It can not be
denied that the payment of this claim would invite the presentation of
demands for very large sums of money; and such is the supposed magnitude
of the claims that may be made against the Government for necessary and
unavoidable destruction of property by the Army that I deem it proper to
return this bill for reconsideration.
It is a general principle of both international and municipal law that
all property is held subject not only to be taken by the Government for
public uses, in which case, under the Constitution of the United States,
the owner is entitled to just compensation, but also subject to be
temporarily occupied, or even actually destroyed, in times of great
public danger, and when the public safety demands it; and in this latter
case governments do not admit a legal obligation on their part to
compensate the owner. The temporary occupation of, injuries to, and
destruction of property caused by actual and necessary military
operations are generally considered to fall within the last-mentioned
principle. If a government makes compensation under such circumstances,
it is a matter of bounty rather than of strict legal right.
If it be deemed proper to make compensation for such losses, I suggest
for the consideration of Congress whether it would not be better, by
general legislation, to provide some means for the ascertainment of the
damage in all similar cases, and thus save to claimants the expense,
inconvenience, and delay of attendance upon Congress, and at the same
time save the Government from the danger of having imposed upon it
fictitious or exaggerated claims supported wholly by _ex parte_ proof.
If the claimant in this case ought to be paid, so ought all others
similarly situated; and that there are many such can not be doubted.
Besides, there are strong reasons for believing that the amount of
damage in this case has been greatly overestimated. If this be true,
it furnishes an illustration of the danger of trusting entirely to
_ex parte_ testimony in such matters.
U.S. GRANT.
EXECUTIVE MANSION, _June 7, 1872_.
_To the Senate of the United States:_
I have the honor to return herewith Senate bill No. 569, an act entitled
"An act for the relief of Thomas B. Wallace, of Lexington, in the State
of Missouri," without my approval.
This claim, for which $11,250 are appropriated by this bill, is of the
same nature and character as the claim of Dr. J. Milton Best, which was
returned to the Senate on the 1st instant without my signature.
The same reasons which prompted the return of that bill for
reconsideration apply in this case, which also is a claim for
compensation on account of the ravages of war, and comes under the same
general principle of both international and municipal law, that all
property is held subject not only to be taken by the Government for
public uses, in which case, under the Constitution of the United States,
the owner is entitled to just compensation, but also subject to be
temporarily occupied, or even actually destroyed, in times of great
public danger, and when the public safety demands it; and in the latter
case governments do not admit a legal obligation on their part to
compensate the owner.
The temporary occupation of, injuries to, and destruction of property
caused by actual and necessary military operations are generally
considered to fall within the last-mentioned principle, and if a
government makes compensation under such circumstances it is a matter of
bounty rather than of strict legal right. If it be deemed proper to make
compensation for such losses, I renew my recommendation that provision
be made by general legislation for all similar cases.
U.S. GRANT.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory information has been received by me, through Don
Mauricio Lopez Roberts, envoy extraordinary and minister plenipotentiary
of His Majesty the King of Spain, that the Government of that country
has abolished discriminating duties heretofore imposed on merchandise
imported from all other countries, excepting the islands of Cuba and
Porto Rico, into Spain and the adjacent islands in vessels of the United
States, said abolition to take effect from and after the 1st day of
January next:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 7th day of January, 1824, and by an act in addition thereto of
the 24th day of May, 1828, do hereby declare and proclaim that on and
after the said 1st day of January next, so long as merchandise imported
from any other country, excepting the islands of Cuba and Porto Rico,
into the ports of Spain and the islands adjacent thereto in vessels
belonging to citizens of the United States shall be exempt from
discriminating duties, any such duties on merchandise imported into the
United States in Spanish vessels, excepting from the islands of Cuba and
Porto Rico, shall be discontinued and abolished.
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 19th day of December, A.D. 1871,
and of the Independence of the United States of America the
ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to the first section of the act of Congress approved
the 11th day of June, 1864, entitled "An act to provide for the
execution of treaties between the United States and foreign nations
respecting consular jurisdiction over the crews of vessels of such
foreign nations in the waters and ports of the United States," it is
provided that before that act shall take effect as to the ships and
vessels of any particular nation having such treaty with the United
States the President of the United States shall have been satisfied that
similar provisions have been made for the execution of such treaty by
the other contracting party and shall have issued his proclamation to
that effect, declaring that act to be in force as to such nation; and
Whereas due inquiry having been made and a satisfactory answer having
been received that similar provisions are in force in the United
Kingdoms of Sweden and Norway:
Now, therefore, be it known that I, Ulysses S. Grant, President of the
United States of America, do hereby proclaim the same accordingly.
[SEAL.]
Done at the city of Washington, this 11th day of May, A.D. 1872, and of
the Independence of the United States of America the ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the act of Congress approved June 25, 1868, constituted, on and
after that date, eight hours a day's work for all laborers, workmen, and
mechanics employed by or on behalf of the Government of the United
States; and
Whereas on the 19th day of May, A.D. 1869, by Executive proclamation it
was directed that from and after that date no reduction should be made
in the wages paid by the Government by the day to such laborers,
workmen, and mechanics on account of such reduction of the hours of
labor; and
Whereas it is now represented to me that the act of Congress and the
proclamation aforesaid have not been strictly observed by all officers
of the Government having charge of such laborers, workmen, and
mechanics:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby again call attention to the act of Congress aforesaid, and direct
all officers of the executive department of the Government having charge
of the employment and payment of laborers, workmen, or mechanics
employed by or on behalf of the Government of the United States to make
no reduction in the wages paid by the Government by the day to such
laborers, workmen, and mechanics on account of the reduction of the
hours of labor.
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 11th day of May, A.D. 1872, and of
the Independence of the United States the ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the act of Congress approved May 22, 1872, removes all political
disabilities imposed by the third section of the fourteenth article of
amendments to the Constitution of the United States from all persons
whomsoever except Senators and Representatives of the Thirty-sixth and
Thirty-seventh Congresses and officers in the judicial, military, and
naval service of the United States, heads of Departments, and foreign
ministers of the United States; and
Whereas it is represented to me that there are now pending in the
several circuit and district courts of the United States proceedings
by _quo warranto_ under the fourteenth section of the act of Congress
approved May 31, 1870, to remove from office certain persons who are
alleged to hold said offices in violation of the provisions of said
article of amendment to the Constitution of the United States, and also
penal prosecutions against such persons under the fifteenth section of
the act of Congress aforesaid:
Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby direct all district attorneys having charge of such proceedings
and prosecutions to dismiss and discontinue the same, except as to
persons who may be embraced in the exceptions named in the act of
Congress first above cited.
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 1st day of June, A.D. 1872, and of
the Independence of the United States of America the ninety-sixth.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory information has been received by me from His
Majesty the Emperor of Japan, through an official communication of
Mr. Arinori Mori, His Majesty's chargé d'affaires, under date of the
2d instant, that no other or higher duties of tonnage or impost are
imposed or levied in the ports of the Empire of Japan upon vessels
wholly belonging to citizens of the United States or upon the produce,
manufactures, or merchandise imported in the same from the United States
or from any foreign country than are levied on Japanese ships and their
cargoes in the same ports under like circumstances:
Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the authority vested in me by an act of Congress
of the 24th day of May, 1828, do hereby declare and proclaim that from
and after the said 2d instant, so long as vessels of the United States
and their cargoes shall be exempt from discriminating duties as
aforesaid, any such duties on Japanese vessels entering the ports of the
United States, or on the produce, manufactures, or merchandise imported
in such vessels, shall be discontinued and abolished.
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, the 4th day of September, A.D. 1872, and
of the Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
CHARLES HALE,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the revolution of another year has again brought the time when
it is usual to look back upon the past and publicly to thank the
Almighty for His mercies and His blessings; and
Whereas if any one people has more occasion than another for such
thankfulness it is the citizens of the United States, whose Government
is their creature, subject to their behests; who have reserved to
themselves ample civil and religious freedom and equality before the
law; who during the last twelvemonth have enjoyed exemption from any
grievous or general calamity, and to whom prosperity in agriculture,
manufactures, and commerce has been vouchsafed:
Now, therefore, by these considerations, I recommend that on Thursday,
the 28th day of November next, the people meet in their respective
places of worship and there make their acknowledgments to God for His
kindness and bounty.
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 11th day of October, A.D. 1872, and
of the Independence of the United States the ninety-seventh.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas upon information received by me from His Majesty the Emperor
of the French that discriminating duties before the date of said
information levied in French ports upon merchandise imported from
the countries of its origin in vessels of the United States were
discontinued and abolished, and in pursuance of the provisions of an
act of Congress of the 7th of January, 1824, and of an act in addition
thereto of the 24th of May, 1828, I did, on the 12th day of June, 1869,
issue my proclamation[66] declaring that the discriminating duties before
that date levied upon merchandise imported from the countries of its
origin into ports of the United States in French vessels were thereby
discontinued and abolished; and
Whereas upon information subsequently received by me that the levying of
such duties on all merchandise imported into France in vessels of the
United States, whether from the country of its origin or from other
countries, had been discontinued, I did, on the 20th of November, 1869,
in pursuance of the provisions of the said acts of Congress and by the
authority in me vested thereby, issue my proclamation[67] declaring that
the discriminating duties before that date levied upon merchandise
imported into the United States in French vessels, either from the
countries of its origin or from any other country, were thereby
discontinued and abolished; and