1824, and of the 24th of May, 1828, as well as by the terms of the said
proclamations of the 12th of June, 1869, and of the 20th of November,
1869, the said suspension of discriminating duties upon merchandise
imported into the United States in French vessels was granted by the
United States on condition that, and to continue so long as, merchandise
imported into France in vessels of the United States should be admitted
into the ports of France on the same terms of exemption from the payment
of such discriminating duties; and
Whereas information has been received by me that by a law of the French
Republic passed on the 30th of January, 1872, and published on the 3d
of February, 1872, merchandise imported into France in vessels of the
United States from countries other than the United States is (with the
exception of certain articles enumerated in said law) subjected to
discriminating duties; and
Whereas by the operation of said law of the French Republic of the
30th of January, 1872, the exemption of French vessels and their cargoes
granted by the terms of the said proclamations of the 12th of June,
1869, and of the 20th of November, 1869, in accordance with the
provisions of the acts of Congress aforesaid, has ceased to be
reciprocal on the part of France toward vessels owned by citizens of the
United States and their cargoes:
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 this date the said suspension of the collection of discriminating
duties upon merchandise imported into the United States in French
vessels from countries other than France, provided for by my said
proclamations of the 12th day of June, 1869, and the 20th day of
November, 1869, shall cease and determine, and all the provisions of the
acts imposing discriminating foreign tonnage and import duties in the
United States are hereby revived, and shall henceforth be and remain in
full force as relates to goods and merchandise imported into the United
States in French vessels from countries other than France, so long as
any discriminating duties shall continue to be imposed by France upon
goods and merchandise imported into France in vessels of the United
States from countries other than the United States.
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 30th 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_.
[Footnote 66: See pp. 15-16.]
[Footnote 67: See p. 19.]
EXECUTIVE ORDERS
WASHINGTON, _April 16, 1872_.
The Advisory Board of the civil service, having completed the grouping
contemplated by the rules already adopted, have recommended certain
provisions for carrying the rules into effect.
The recommendations as herewith published are approved, and the
provisions will be enforced as rapidly as the proper arrangements can
be made; and the thirteenth of the rules adopted on the 19th day of
December last is amended to read as published herewith.
The utmost fidelity and diligence will be expected of all officers in
every branch of the public service. Political assessments, as they are
called, have been forbidden within the various Departments; and while
the right of all persons in official position to take part in politics
is acknowledged, and the elective franchise is recognized as a high
trust to be discharged by all entitled to its exercise, whether in the
employment of the Government or in private life, honesty and efficiency,
not political activity, will determine the tenure of office.
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
[For rules for the civil service promulgated by the President December
19, 1871, see pp. 157-159.]
[Rule 13, as amended.]
13. From these rules are excepted the heads of Departments, Assistant
Secretaries of Departments, Assistant Attorneys-General, Assistant
Postmasters-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, other heads of
bureaus in the several Departments, 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.
REGULATIONS AND CLASSIFICATION.
1. No person will be appointed to any position in the civil service who
shall not have furnished satisfactory evidence of his fidelity to the
Union and the Constitution of the United States.
2. The evidence in regard to character, health, age, and knowledge of
the English language required by the first rule shall be furnished in
writing, and if such evidence shall be satisfactory to the head of
the Department in which the appointment is to be made the applicant
shall be notified when and where to appear for examination; but when
the applicants are so numerous that the examination of all whose
preliminary papers are satisfactory is plainly impracticable, the head
of the Department shall select for examination a practicable number of
those who are apparently best qualified.
3. Examinations to fill vacancies in any of the Executive Departments
in Washington shall be held not only at the city of Washington, but
also, when directed by the head of the Department in which the vacancy
may exist, in the several States, either at the capital or other
convenient place.
4. The appointment of persons to be employed exclusively in the
secret service of the Government, also of persons to be employed as
translators, stenographers, or private secretaries, or to be designated
for secret service, to fill vacancies in clerkships in either of the
Executive Departments at Washington, may be excepted from the operation
of the rules.
5. When a vacancy occurs in a consular office of which the lawful
annual compensation is $3,000 or more, it will be filled, at the
discretion of the President, either by the transfer of some person
already in the service or by a new appointment, which may be excepted
from the operation of the rules. But if the vacancy occur in an
office of which the lawful annual compensation, by salary or by fees
ascertained by the last official returns, is more than $1,000 and less
than $3,000, and it is not filled by transfer, applications will be
addressed to the Secretary of State, inclosing proper certificates of
character, responsibility, and capacity, and the Secretary will notify
the applicant who upon investigation appears to be most suitable and
competent to attend for examination; and if he shall be found qualified
he will be nominated for confirmation, but if not found qualified, or
if his nomination be not confirmed by the Senate, the Secretary will
proceed in like manner with the other applicants who appear to him to
be qualified. If, however, no applicants under this regulation shall be
found suitable and qualified, the vacancy will be filled at discretion.
The appointment of commercial agents and of consuls whose annual
compensation is $1,000 or less (if derived from fees, the amount to be
ascertained by the last official returns), of vice-consuls, deputy
consuls, and of consular agents and other officers who are appointed
upon the nomination of the principal officer, and for whom he is
responsible upon his official bond, may be, until otherwise ordered,
excepted from the operation of the rules.
6. When a vacancy occurs in the office of collector of the customs,
naval officer, appraiser, or surveyor of the customs in the customs
districts of New York, Boston and Charlestown, Baltimore, San
Francisco, New Orleans, Philadelphia, Vermont (Burlington), Oswego,
Niagara, Buffalo Creek, Champlain, Portland and Falmouth, Corpus
Christi, Oswegatchie, Mobile, Brazos de Santiago (Brownsville), Texas
(Galveston, etc.), Savannah, Charleston, Chicago, or Detroit, the
Secretary of the Treasury shall ascertain if any of the subordinates in
the customs districts in which such vacancy occurs are suitable persons
qualified to discharge efficiently the duties of the office to be
filled; and if such persons be found he shall certify to the President
the name or names of those subordinates, not exceeding three, who in
his judgment are best qualified for the position, from which the
President will make the nomination to fill the vacancy; but if no such
subordinate be found qualified, or if the nomination be not confirmed,
the nomination will be made at the discretion of the President.
Vacancies occurring in such positions in the customs service in the
said districts as are included in the subjoined classification will
be filled in accordance with the rules. Appointments to all other
positions in the customs service in said districts may be, until
otherwise ordered, excepted from the operation of the rules.
7. When a vacancy occurs in the office of collector, appraiser,
surveyor, or other chief officer in any customs district not specified
in the preceding regulation, applications in writing from any
subordinate or subordinates in the customs service of the district,
or from other person or persons residing within the said district,
may be addressed to the Secretary of the Treasury, inclosing proper
certificates of character, responsibility, and capacity; and if any
of the subordinates so applying shall be found suitable and qualified,
the name or names, not exceeding three, of the best qualified shall
be certified by the board of examiners to the Secretary, and from
this list the nomination or appointment will be made; but if no such
subordinate be found qualified, the said board shall certify to the
Secretary the name or names, not exceeding three, of the best qualified
among the other applicants, and from this list the nomination or
appointment will be made. If, however, no applicants under this
regulation shall be found suitable and qualified, the vacancy will
be filled at discretion. Appointments to all other positions in the
customs service in said districts may be, until otherwise ordered,
excepted from the operation of the rules.
8. When a vacancy occurs in the office of postmaster in cities having,
according to the census of 1870, a population of 20,000 or more, the
Postmaster-General shall ascertain if any of the subordinates in such
office are suitable persons qualified to discharge efficiently the
duties of postmaster, and if such are found he shall certify to the
President the name or names of those subordinates, not exceeding three
in number, who in his judgment are best qualified for the position,
from which list the President will make the nomination to fill the
vacancy; but if no such subordinate be found so qualified, or if the
nomination be not confirmed by the Senate, the nomination will be
made at the discretion of the President. Vacancies occurring in such
positions in the said post-office as are included in the subjoined
classification will be filled in accordance with the rules.
Appointments to all other positions in the said post-offices may be,
until otherwise ordered, excepted from the operation of the rules.
9. When a vacancy occurs in the office of postmaster of a class
not otherwise provided for, applications for the position from any
subordinate or subordinates in the office, or from other persons
residing within the delivery of the office, may be addressed to the
Postmaster-General, inclosing proper certificates of character,
responsibility, and capacity; and if any of the subordinates so
applying shall be found suitable and qualified, the name or names of
the best qualified, not exceeding three, shall be certified by the
board of examiners to the Postmaster-General, and from them the
nomination or appointment shall be made; but if no subordinate be
found qualified, the said board shall certify to the Postmaster-General
the name or names, not exceeding three, of the best qualified among the
other applicants, and from them the nomination or appointment shall be
made. If, however, no applicants under this regulation shall be found
suitable and qualified, the vacancy will be filled at discretion.
Appointments to all other positions in the said post-offices may be,
until otherwise ordered, excepted from the operation of the rules.
10. Special agents of the Post-Office Department shall be appointed by
the Postmaster-General at discretion from persons already in the postal
service, and who shall have served therein for a period of not less
than one year immediately preceding the appointment; but if no person
within the service shall, in the judgment of the Postmaster-General,
be suitable and qualified, the appointment shall be made from all
applicants under the rules.
11. Mail-route messengers shall be appointed in the manner provided for
the appointment of postmasters whose annual salary is less than $200.
12. When a vacancy occurs in the office of register or receiver of
the land office, or of pension agent, applications in writing from
residents in the district in which the vacancy occurs may be addressed
to the Secretary of the Interior, inclosing proper certificates of
character, responsibility, and capacity; and if any of the applicants
shall be found suitable and qualified, the name or names, not exceeding
three, of the best qualified shall be certified by the board of
examiners to the Secretary, and from this list the nomination will be
made. If, however, no applicants under this regulation shall be found
suitable and qualified, the nomination will be made at discretion.
13. When a vacancy occurs in the office of United States marshal,
applications in writing from residents in the district in which the
vacancy occurs may be addressed to the Attorney-General of the United
States, inclosing proper certificates of character, responsibility,
and capacity; and if any of the applicants shall be found suitable
and qualified, the name or names, not exceeding three, of the best
qualified shall be certified by the board of examiners to the
Attorney-General, and from this list the nomination will be made.
If, however, no applicants under this regulation shall be found
suitable and qualified, the nomination will be made at discretion.
14. Appointments to fill vacancies occurring in offices in the several
Territories, excepting those of judges of the United States courts,
Indian agents, and superintendents, will be made from suitable and
qualified persons domiciled in the Territory in which the vacancy
occurs, if any such are found.
15. It shall be the duty of the examining board in each of the
Departments to report to the Advisory Board such modifications in the
rules and regulations as in the judgment of such examining board are
required for appointments to certain positions to which, by reason of
distance, or of difficult access, or of other sufficient cause, the
rules and regulations can not be applied with advantage; and if the
reason for such modifications shall be satisfactory to the Advisory
Board, said board will recommend them for approval.
16. Nothing in these rules and regulations shall prevent the
reappointment at discretion of the incumbents of any office the term of
which is fixed by law, and when such reappointment is made no vacancy
within the meaning of the rules shall be deemed to have occurred.
17. Appointments to all positions in the civil service not included in
the subjoined classification, nor otherwise specially provided for by
the rules and regulations, may, until otherwise ordered, be excepted
from the operation of the rules.
EXECUTIVE MANSION, _Washington, D.C., May 27, 1872_.
SIR:[68] The President directs me to say that the several Departments of
the Government will be closed on the 30th instant, in order to enable
the employees of the Government to participate, in connection with the
Grand Army of the Republic, in the decoration of the graves of the
soldiers who fell during the rebellion.
I am, sir, your obedient servant,
HORACE PORTER, _Secretary_.
[Footnote 68: Addressed to the heads of the Executive Departments, etc.]
DEPARTMENT OF STATE, _Washington, October 11, 1872_.
The undersigned is charged by the President with the painful duty of
announcing to the people of the United States the death of an
illustrious citizen.
William Henry Seward, distinguished for faithful and eminent service
in varied public trusts during a long series of years, died at Auburn,
in the State of New York, yesterday, October 10. Charged with the
administration of the Department of State at a most critical period in
the history of the nation, Mr. Seward brought to the duties of that
office exalted patriotism, unwearied industry, and consummate ability.
A grateful nation will cherish his name, his fame, and his memory.
The several Executive Departments will cause appropriate honors to be
rendered to the memory of the deceased statesman at home and abroad.
HAMILTON FISH, _Secretary of State_.
FOURTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 2, 1872_.
_To the Senate and House of Representatives_:
In transmitting to you this my fourth annual message it is with
thankfulness to the Giver of All Good that as a nation we have been
blessed for the past year with peace at home, peace abroad, and a
general prosperity vouchsafed to but few peoples.
With the exception of the recent devastating fire which swept from the
earth with a breath, as it were, millions of accumulated wealth in the
city of Boston, there has been no overshadowing calamity within the year
to record. It is gratifying to note how, like their fellow-citizens
of the city of Chicago under similar circumstances a year earlier,
the citizens of Boston are rallying under their misfortunes, and the
prospect that their energy and perseverance will overcome all obstacles
and show the same prosperity soon that they would had no disaster
befallen them. Otherwise we have been free from pestilence, war, and
calamities, which often overtake nations; and, as far as human judgment
can penetrate the future, no cause seems to exist to threaten our
present peace.
When Congress adjourned in June last, a question had been raised
by Great Britain, and was then pending, which for a time seriously
imperiled the settlement by friendly arbitration of the grave
differences between this Government and that of Her Britannic Majesty,
which by the treaty of Washington had been referred to the tribunal of
arbitration which had met at Geneva, in Switzerland.
The arbitrators, however, disposed of the question which had jeoparded
the whole of the treaty and threatened to involve the two nations
in most unhappy relations toward each other in a manner entirely
satisfactory to this Government and in accordance with the views and
the policy which it had maintained.
The tribunal, which had convened at Geneva in December, concluded its
laborious session on the 14th day of September last, on which day,
having availed itself of the discretionary power given to it by the
treaty to award a sum in gross, it made its decision, whereby it awarded
the sum of $15,500,000 in gold as the indemnity to be paid by Great
Britain to the United States for the satisfaction of all the claims
referred to its consideration.
This decision happily disposes of a long-standing difference between
the two Governments, and, in connection with another award, made by the
German Emperor under a reference to him by the same treaty, leaves these
two Governments without a shadow upon the friendly relations which it is
my sincere hope may forever remain equally unclouded.
The report of the agent of the United States appointed to attend the
Geneva tribunal, accompanied by the protocols of the proceedings of the
arbitrators, the arguments of the counsel of both Governments, the award
of the tribunal, and the opinions given by the several arbitrators, is
transmitted herewith.
I have caused to be communicated to the heads of the three friendly
powers who complied with the joint request made to them under the treaty
the thanks of this Government for the appointment of arbitrators made by
them respectively, and also my thanks to the eminent personages named by
them, and my appreciation of the dignity, patience, impartiality, and
great ability with which they discharged their arduous and high
functions.
Her Majesty's Government has communicated to me the appreciation by
Her Majesty of the ability and indefatigable industry displayed by Mr.
Adams, the arbitrator named on the part of this Government during the
protracted inquiries and discussions of the tribunal. I cordially unite
with Her Majesty in this appreciation.
It is due to the agent of the United States before the tribunal to
record my high appreciation of the marked ability, unwearied patience,
and the prudence and discretion with which he has conducted the very
responsible and delicate duties committed to him, as it is also due to
the learned and eminent counsel who attended the tribunal on the part of
this Government to express my sense of the talents and wisdom which they
brought to bear in the attainment of the result so happily reached.
It will be the province of Congress to provide for the distribution
among those who may be entitled to it of their respective shares of
the money to be paid. Although the sum awarded is not payable until
a year from the date of the award, it is deemed advisable that no time
be lost in making a proper examination of the several cases in which
indemnification may be due. I consequently recommend the creation of
a board of commissioners for the purpose.
By the thirty-fourth article of the treaty of Washington the respective
claims of the United States and of Great Britain in their construction
of the treaty of the 15th of June, 1846, defining the boundary line
between their respective territories, were submitted to the arbitration
and award of His Majesty the Emperor of Germany, to decide which of
those claims is most in accordance with the true interpretation of the
treaty of 1846.
His Majesty the Emperor of Germany, having been pleased to undertake the
arbitration, has the earnest thanks of this Government and of the people
of the United States for the labor, pains, and care which he has devoted
to the consideration of this long-pending difference. I have caused an
expression of my thanks to be communicated to His Majesty. Mr. Bancroft,
the representative of this Government at Berlin, conducted the case and
prepared the statement on the part of the United States with the ability
that his past services justified the public in expecting at his hands.
As a member of the Cabinet at the date of the treaty which has given
rise to the discussion between the two Governments, as the minister to
Great Britain when the construction now pronounced unfounded was first
advanced, and as the agent and representative of the Government to
present the case and to receive the award, he has been associated with
the question in all of its phases, and in every stage has manifested a
patriotic zeal and earnestness in maintenance of the claim of the United
States. He is entitled to much credit for the success which has attended
the submission.
After a patient investigation of the case and of the statements of each
party, His Majesty the Emperor, on the 21st day of October last, signed
his award in writing, decreeing that the claim of the Government of the
United States, that the boundary line between the territories of Her
Britannic Majesty and the United States should be drawn through the
Haro Channel, is most in accordance with the true interpretation of the
treaty concluded on the 15th of June, 1846, between the Governments of
Her Britannic Majesty and of the United States.
Copies of the "case" presented on behalf of each Government, and of
the "statement in reply" of each, and a translation of the award, are
transmitted herewith.
This award confirms the United States in their claim to the important
archipelago of islands lying between the continent and Vancouvers
Island, which for more than twenty-six years (ever since the
ratification of the treaty) Great Britain has contested, and leaves us,
for the first time in the history of the United States as a nation,
without a question of disputed boundary between our territory and the
possessions of Great Britain on this continent.
It is my grateful duty to acknowledge the prompt, spontaneous action of
Her Majesty's Government in giving effect to the award. In anticipation
of any request from this Government, and before the reception in the
United States of the award signed by the Emperor, Her Majesty had given
instructions for the removal of her troops which had been stationed
there and for the cessation of all exercise or claim of jurisdiction, so
as to leave the United States in the exclusive possession of the lately
disputed territory. I am gratified to be able to announce that the
orders for the removal of the troops have been executed, and that the
military joint occupation of San Juan has ceased. The islands are now in
the exclusive possession of the United States.
It now becomes necessary to complete the survey and determination of
that portion of the boundary line (through the Haro Channel) upon which
the commission which determined the remaining part of the line were
unable to agree. I recommend the appointment of a commission to act
jointly with one which may be named by Her Majesty for that purpose.
Experience of the difficulties attending the determination of our
admitted line of boundary, after the occupation of the territory and
its settlement by those owing allegiance to the respective Governments,
points to the importance of establishing, by natural objects or other
monuments, the actual line between the territory acquired by purchase
from Russia and the adjoining possessions of Her Britannic Majesty.
The region is now so sparsely occupied that no conflicting interests
of individuals or of jurisdiction are likely to interfere to the delay
or embarrassment of the actual location of the line. If deferred until
population shall enter and occupy the territory, some trivial contest of
neighbors may again array the two Governments in antagonism. I therefore
recommend the appointment of a commission, to act jointly with one that
may be appointed on the part of Great Britain, to determine the line
between our Territory of Alaska and the conterminous possessions of
Great Britain.
In my last annual message I recommended the legislation necessary on the
part of the United States to bring into operation the articles of the
treaty of Washington of May 8, 1871, relating to the fisheries and to
other matters touching the relations of the United States toward the
British North American possessions, to become operative so soon as the
proper legislation should be had on the part of Great Britain and its
possessions.
That legislation on the part of Great Britain and its possessions had
not then been had, and during the session of Congress a question was
raised which for the time raised a doubt whether any action by Congress
in the direction indicated would become important. This question has
since been disposed of, and I have received notice that the Imperial
Parliament and the legislatures of the provincial governments have
passed laws to carry the provisions of the treaty on the matters
referred to into operation. I therefore recommend your early adoption
of the legislation in the same direction necessary on the part of this
Government.
The joint commission for determining the boundary line between the
United States and the British possessions between the Lake of the Woods
and the Rocky Mountains has organized and entered upon its work. It is
desirable that the force be increased, in order that the completion of
the survey and determination of the line may be the sooner attained.
To this end I recommend that a sufficient appropriation be made.
With France, our earliest ally; Russia, the constant and steady friend
of the United States; Germany, with whose Government and people we have
so many causes of friendship and so many common sympathies, and the
other powers of Europe, our relations are maintained on the most
friendly terms.
Since my last annual message the exchange has been made of the
ratifications of a treaty with the Austro-Hungarian Empire relating
to naturalization; also of a treaty with the German Empire respecting
consuls and trade-marks; also of a treaty with Sweden and Norway
relating to naturalization; all of which treaties have been duly
proclaimed.
Congress at its last session having made an appropriation to defray
the expense of commissioners on the part of the United States to the
International Statistical Congress at St. Petersburg, the persons
appointed in that character proceeded to their destination and attended
the sessions of the congress. Their report shall in due season be laid
before you. This congress meets at intervals of about three years, and
has held its sessions in several of the countries of Europe. I submit
to your consideration the propriety of extending an invitation to the
congress to hold its next meeting in the United States. The Centennial
Celebration to be held in 1876 would afford an appropriate occasion for
such meeting.
Preparations are making for the international exposition to be held
during the next year in Vienna, on a scale of very great magnitude.
The tendency of these expositions is in the direction of advanced
civilization, and of the elevation of industry and of labor, and of the
increase of human happiness, as well as of greater intercourse and good
will between nations. As this exposition is to be the first which will
have been held in eastern Europe, it is believed that American inventors
and manufacturers will be ready to avail themselves of the opportunity
for the presentation of their productions if encouraged by proper aid
and protection.
At the last session of Congress authority was given for the appointment
of one or more agents to represent this Government at the exposition.
The authority thus given has been exercised, but, in the absence of any
appropriation, there is danger that the important benefits which the
occasion offers will in a large degree be lost to citizens of the United
States. I commend the subject strongly to your consideration, and
recommend that an adequate appropriation be made for the purpose.
To further aid American exhibitors at the Vienna Exposition, I would
recommend, in addition to an appropriation of money, that the Secretary
of the Navy be authorized to fit up two naval vessels to transport
between our Atlantic cities and Trieste, or the most convenient port to
Vienna, and back, their articles for exhibition.
Since your last session the President of the Mexican Republic,
distinguished by his high character and by his services to his country,
has died. His temporary successor has now been elected with great
unanimity by the people--a proof of confidence on their part in his
patriotism and wisdom which it is believed will be confirmed by the
results of his administration. It is particularly desirable that nothing
should be left undone by the Government of either Republic to strengthen
their relations as neighbors and friends.
It is much to be regretted that many lawless acts continue to disturb
the quiet of the settlements on the border between our territory and
that of Mexico, and that complaints of wrongs to American citizens in
various parts of the country are made. The revolutionary condition in
which the neighboring Republic has so long been involved has in some
degree contributed to this disturbance. It is to be hoped that with a
more settled rule of order through the Republic, which may be expected
from the present Government, the acts of which just complaint is made
will cease.
The proceedings of the commission under the convention with Mexico of
the 4th of July, 1868, on the subject of claims, have, unfortunately,
been checked by an obstacle, for the removal of which measures have been
taken by the two Governments which it is believed will prove successful.
The commissioners appointed, pursuant to the joint resolution of
Congress of the 7th of May last, to inquire into depredations on the
Texan frontier have diligently made investigations in that quarter.
Their report upon the subject will be communicated to you. Their
researches were necessarily incomplete, partly on account of the limited
appropriation made by Congress. Mexico, on the part of that Government,
has appointed a similar commission to investigate these outrages. It
is not announced officially, but the press of that country states that
the fullest investigation is desired, and that the cooperation of all
parties concerned is invited to secure that end. I therefore recommend
that a special appropriation be made at the earliest day practicable, to
enable the commissioners on the part of the United States to return to
their labors without delay.
It is with regret that I have again to announce a continuance of
the disturbed condition of the island of Cuba. No advance toward the
pacification of the discontented part of the population has been made.
While the insurrection has gained no advantages and exhibits no more of
the elements of power or of the prospects of ultimate success than were
exhibited a year ago, Spain, on the other hand, has not succeeded in
its repression, and the parties stand apparently in the same relative
attitude which they have occupied for a long time past.
This contest has lasted now for more than four years. Were its scene at
a distance from our neighborhood, we might be indifferent to its result,
although humanity could not be unmoved by many of its incidents wherever
they might occur. It is, however, at our door.
I can not doubt that the continued maintenance of slavery in Cuba
is among the strongest inducements to the continuance of this strife.
A terrible wrong is the natural cause of a terrible evil. The abolition
of slavery and the introduction of other reforms in the administration
of government in Cuba could not fail to advance the restoration of peace
and order. It is greatly to be hoped that the present liberal Government
of Spain will voluntarily adopt this view.
The law of emancipation, which was passed more than two years since, has
remained unexecuted in the absence of regulations for its enforcement.
It was but a feeble step toward emancipation, but it was the recognition
of right, and was hailed as such, and exhibited Spain in harmony with
sentiments of humanity and of justice and in sympathy with the other
powers of the Christian and civilized world.
Within the past few weeks the regulations for carrying out the law of
emancipation have been announced, giving evidence of the sincerity of
intention of the present Government to carry into effect the law of
1870. I have not failed to urge the consideration of the wisdom, the
policy, and the justice of a more effective system for the abolition
of the great evil which oppresses a race and continues a bloody and
destructive contest close to our border, as well as the expediency
and the justice of conceding reforms of which the propriety is not
questioned.
Deeply impressed with the conviction that the continuance of slavery
is one of the most active causes of the continuance of the unhappy
condition in Cuba, I regret to believe that citizens of the United
States, or those claiming to be such, are large holders in Cuba of what
is there claimed as property, but which is forbidden and denounced by
the laws of the United States. They are thus, in defiance of the spirit
of our own laws, contributing to the continuance of this distressing and
sickening contest. In my last annual message I referred to this subject,
and I again recommend such legislation as may be proper to denounce,
and, if not prevent, at least to discourage American citizens from
holding or dealing in slaves.
It is gratifying to announce that the ratifications of the convention
concluded under the auspices of this Government between Spain on the one
part and the allied Republics of the Pacific on the other, providing for
an armistice, have been exchanged. A copy of the instrument is herewith
submitted. It is hoped that this may be followed by a permanent peace
between the same parties.
The differences which at one time threatened the maintenance of peace
between Brazil and the Argentine Republic it is hoped are in the way of
satisfactory adjustment.
With these States, as with the Republics of Central and of South
America, we continue to maintain the most friendly relations.
It is with regret, however, I announce that the Government of
Venezuela has made no further payments on account of the awards under
the convention of the 25th of April, 1866. That Republic is understood
to be now almost, if not quite, tranquilized. It is hoped, therefore,
that it will lose no time in providing for the unpaid balance of its
debt to the United States, which, having originated in injuries to
our citizens by Venezuelan authorities, and having been acknowledged,
pursuant to a treaty, in the most solemn form known among nations,
would seem to deserve a preference over debts of a different origin and
contracted in a different manner. This subject is again recommended to
the attention of Congress for such action as may be deemed proper.
Our treaty relations with Japan remain unchanged. An imposing embassy
from that interesting and progressive nation visited this country during
the year that is passing, but, being unprovided with powers for the
signing of a convention in this country, no conclusion in that direction
was reached. It is hoped, however, that the interchange of opinions
which took place during their stay in this country has led to a mutual
appreciation of the interests which may be promoted when the revision of
the existing treaty shall be undertaken.
In this connection I renew my recommendation of one year ago, that--
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, 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 renew the recommendation made on a previous occasion, of the transfer
to the Department of the Interior, to which they seem more appropriately
to belong, of all the powers and duties in relation to the Territories
with which the Department of State is now charged by law or by custom.
Congress from the beginning of the Government has wisely made provision
for the relief of distressed seamen in foreign countries. No similar
provision, however, has hitherto been made for the relief of citizens
in distress abroad other than seamen. It is understood to be customary
with other governments to authorize consuls to extend such relief
to their citizens or subjects in certain cases. A similar authority
and an appropriation to carry it into effect are recommended in the
case of citizens of the United States destitute or sick under such
circumstances. It is well known that such citizens resort to foreign
countries in great numbers. Though most of them are able to bear the
expenses incident to locomotion, there are some who, through accident or
otherwise, become penniless, and have no friends at home able to succor
them. Persons in this situation must either perish, cast themselves upon
the charity of foreigners, or be relieved at the private charge of our
own officers, who usually, even with the most benevolent dispositions,
have nothing to spare for such purposes.
Should the authority and appropriation asked for be granted, care will
be taken so to carry the beneficence of Congress into effect that it
shall not be unnecessarily or unworthily bestowed.
TREASURY.
The moneys received and covered into the Treasury during the fiscal year
ended June 30, 1872, were:
From customs $216,370,286.77
From sales of public lands 2,575,714.19
From internal revenue 130,642,177.72
From tax on national-bank circulation, etc. 6,523,396.39
From Pacific railway companies 749,861.87
From customs fines, etc. 1,136,442.34
From fees--consular, patent, land, etc. 2,284,095.92
From miscellaneous sources 4,412,254.71
______________
Total ordinary receipts 374,694,229.91
From premium on sales of coin 9,412,637.65
______________
Total net receipts 374,106,867.56
Balance in Treasury June 30, 1871 (including
$18,228.35 received from "unavailable") 109,935,705.59
______________
Total available cash 484,042,573.15
The net expenditures by warrants during the same period were:
For civil expenses $16,187,059.20
For foreign intercourse 1,859,369.14
For Indians 7,061,728.82
For pensions 28,533,402.76
For military establishment, including
fortifications, river and harbor improvements,
and arsenals 35,372,157.20
For naval establishment, including vessels and
machinery and improvements at navy-yards 21,249,809.99
For miscellaneous civil, including public
buildings, light-houses, and collecting
the revenue 42,958,329.08
For interest on the public debt 117,357,839.72
______________
Total, exclusive of principal and premium on
the public debt 270,559,695.91
For premium on bonds purchased $6,958,266.76
For redemption of the public debt 99,960,253.54
_____________ 106,918,520.30
______________
Total net disbursements 377,478,216.21
Balance in Treasury June 30, 1872 106,564,356.94
______________
Total 484,042,573.15
From the foregoing statement it appears that the net reduction of the
principal of the debt during the fiscal year ending June 30, 1872, was
$99,960,253.54.
The source of this reduction is as follows:
Net ordinary receipts during the year $364,694,229.91
Net ordinary expenditures, including interest
on the public debt 270,559,695.91
______________
Leaving surplus revenue 94,134,534.00
Add amount received from premium on sales of
gold, in excess of the premium paid on bonds
purchased 2,454,370.89
Add the amount of the reduction of the cash
balance at the close of the year, accompanied
with same at commencement of the year 3,371,348.65
______________
Total 99,960,253.54
This statement treats solely of the principal of the public debt.
By the monthly statement of the public debt, which adds together the
principal, interest due and unpaid, and interest accrued to date, not
due, and deducts the cash in the Treasury as ascertained on the day
of publication, the reduction was $100,544,491.28.
The source of this reduction is as follows:
Reduction in principal account $99,960,003.54
Reduction in unpaid-interest account 3,330,952.96
______________
103,290,956.50
Reduction in cash on hand 2,746,465.22
______________
100,544,491.28
On the basis of the last table the statements show a reduction of the
public debt from the 1st of March, 1869, to the present time as follows:
From March 1, 1869, to March 1, 1870 $87,134,782.84
From March 1, 1870, to March 1, 1871 117,619,630.25
From March 1, 1871, to March 1, 1872 94,895,348.94
From March 1, 1872, to November 1, 1872
(eight months) 64,047,237.84
Total 363,696,999.87
With the great reduction of taxation by the acts of Congress at its last
session, the expenditure of the Government in collecting the revenue
will be much reduced for the next fiscal year. It is very doubtful,
however, whether any further reduction of so vexatious a burden upon any
people will be practicable for the present. At all events, as a measure
of justice to the holders of the nation's certificates of indebtedness,
I would recommend that no more legislation be had on this subject,
unless it be to correct errors of omission or commission in the present
laws, until sufficient time has elapsed to prove that it can be done and
still leave sufficient revenue to meet current expenses of Government,
pay interest on the public debt, and provide for the sinking fund
established by law. The preservation of our national credit is of the
highest importance; next in importance to this comes a solemn duty to
provide a national currency of fixed, unvarying value as compared with
gold, and as soon as practicable, having due regard for the interests of
the debtor class and the vicissitudes of trade and commerce, convertible
into gold at par.
WAR DEPARTMENT.
The report of the Secretary of War shows the expenditures of
the War Department for the fiscal year ending June 30, 1871, to be
$35,799,991.82, and for the fiscal year ending June 30, 1872, to be
$35,372,157.20, showing a reduction in favor of the last fiscal year
of $427,834.62.
The estimates for military appropriations for the next fiscal year,
ending June 30, 1874, are $33,801,378.78.
The estimates of the Chief of Engineers are submitted separately for
fortifications, river and harbor improvements, and for public buildings
and grounds and the Washington Aqueduct.
The affairs of the Freedmen's Bureau have all been transferred to the
War Department, and regulations have been put into execution for the
speedy payment of bounty, pay, etc., due colored soldiers, properly
coming under that Bureau. All war accounts, for money and property,
prior to 1871 have been examined and transmitted to the Treasury for
final settlement.
During the fiscal year there has been paid for transportation on
railroads $1,300,000, of which $800,857 was over the Pacific railroads;
for transportation by water $626,373.52, and by stage $48,975.84; for
the purchase of transportation animals, wagons, hire of teamsters, etc.,
$924,650.64.
About $370,000 have been collected from Southern railroads during the
year, leaving about $4,000,000 still due.
The Quartermaster has examined and transmitted to the accounting
officers for settlement $367,172.72 of claims by loyal citizens for
quartermaster stores taken during the war.
Subsistence supplies to the amount of $89,048.12 have been issued to
Indians.
The annual average mean strength of the Army was 24,101 white and 2,494
colored soldiers. The total deaths for the year reported were 367 white
and 54 colored.
The distribution of the Medical and Surgical History of the War is yet
to be ordered by Congress.
There exists an absolute necessity for a medical corps of the full
number established by act of Congress of July 28, 1866, there being now
fifty-nine vacancies, and the number of successful candidates rarely
exceeds eight or ten in any one year.
The river and harbor improvements have been carried on with energy
and economy. Though many are only partially completed, the results
have saved to commerce many times the amount expended. The increase
of commerce, with greater depths of channels, greater security in
navigation, and the saving of time, adds millions to the wealth of
the country and increases the resources of the Government.
The bridge across the Mississippi River at Rock Island has been
completed, and the proper site has been determined upon for the bridge
at La Crosse.
The able and exhaustive report made by the commission appointed to
investigate the Sutro Tunnel has been transmitted to Congress.
The observations and reports of the Signal Office have been continued.
Stations have been maintained at each of the principal lake, seaport,
and river cities. Ten additional stations have been established in the
United States, and arrangements have been made for an exchange of
reports with Canada, and a similar exchange of observations is
contemplated with the West India Islands.
The favorable attention of Congress is invited to the following
recommendations of the Secretary of War:
A discontinuance of the appointment of extra lieutenants to serve as
adjutants and quartermasters; the adoption of a code providing specific
penalties for well-defined offenses, so that the inequality of sentences
adjudged by courts-martial may be adjusted; the consolidation of
accounts under which expenditures are made, as a measure of economy;
a reappropriation of the money for the construction of a depot at
San Antonio, the title to the site being now perfected; a special act
placing the cemetery at the City of Mexico on the same basis as other
national cemeteries; authority to purchase sites for military posts in
Texas; the appointment of commissary sergeants from noncommissioned
officers, as a measure for securing the better care and protection
of supplies; an appropriation for the publication of the catalogue
and tables of the anatomical section of the Army Medical Museum; a
reappropriation of the amount for the manufacture of breech-loading
arms, should the selection be so delayed by the board of officers as to
leave the former appropriation unexpended at the close of the fiscal
year; the sale of such arsenals east of the Mississippi as can be
spared, and the proceeds applied to the establishment of one large
arsenal of construction and repair upon the Atlantic Coast and the
purchase of a suitable site for a proving and experimental ground for
heavy ordnance; the abrogation of laws which deprive inventors in the
United States service from deriving any benefit from their inventions;
the repeal of the law prohibiting promotions in the staff corps; a
continuance of the work upon coast defenses; the repeal of the seventh
section of the act of July 13, 1866, taking from engineer soldiers the
per diem granted to other troops; a limitation of time for presentation
of old War claims for subsistence supplies under act of July 4, 1864;
and a modification in the mode of the selection of cadets for the
Military Academy, in order to enhance the usefulness of the Academy,
which is impaired by reason of the large amount of time necessarily
expended in giving new cadets a thorough knowledge of the more
elementary branches of learning, which they should acquire before
entering the Academy. Also an appropriation for philosophical apparatus
and an increase in the numbers and pay of the Military Academy band.
The attention of Congress will be called during its present session to
various enterprises for the more certain and cheaper transportation of
the constantly increasing surplus of Western and Southern products to
the Atlantic Seaboard. The subject is one that will force itself upon
the legislative branch of the Government sooner or later, and I suggest,
therefore, that immediate steps be taken to gain all available
information to insure equable and just legislation.
One route to connect the Mississippi Valley with the Atlantic, at
Charleston, S.C., and Savannah, Ga., by water, by the way of the Ohio
and Tennessee rivers, and canals and slack-water navigation to the
Savannah and Ocmulgee rivers, has been surveyed, and report made by an
accomplished engineer officer of the Army. Second and third new routes
will be proposed for the consideration of Congress, namely, by an
extension of the Kanawha and James River Canal to the Ohio, and by
extension of the Chesapeake and Ohio Canal.
I am not prepared to recommend Government aid to these or other
enterprises until it is clearly shown that they are not only of national
interest, but that when completed they will be of a value commensurate
with their cost.
That production increases more rapidly than the means of transportation
in our country has been demonstrated by past experience. That the
unprecedented growth in population and products of the whole country
will require additional facilities--and cheaper ones for the more bulky
articles of commerce to reach tide water and a market will be demanded
in the near future--is equally demonstrable. I would therefore suggest
either a committee or a commission to be authorized to consider this
whole question, and to report to Congress at some future day for its
better guidance in legislating on this important subject.
The railroads of the country have been rapidly extended during the last
few years to meet the growing demands of producers, and reflect much
credit upon the capitalists and managers engaged in their construction.
In addition to these, a project to facilitate commerce by the building
of a ship canal around Niagara Falls, on the United States side, which
has been agitated for many years, will no doubt be called to your
attention at this session.
Looking to the great future growth of the country and the increasing
demands of commerce, it might be well while on this subject not only
to have examined and reported upon the various practicable routes for
connecting the Mississippi with tide water on the Atlantic, but the
feasibility of an almost continuous landlocked navigation from Maine to
the Gulf of Mexico. Such a route along our coast would be of great value
at all times, and of inestimable value in case of a foreign war. Nature
has provided the greater part of this route, and the obstacles to
overcome are easily within the skill of the engineer.
I have not alluded to this subject with the view of having any further
expenditure of public money at this time than may be necessary to
procure and place all the necessary information before Congress in an
authentic form, to enable it hereafter, if deemed practicable and
worthy, to legislate on the subject without delay.
NAVY DEPARTMENT.
The report of the Secretary of the Navy herewith accompanying explains
fully the condition of that branch of the public service, its wants and
deficiencies, expenses incurred during the past year, and appropriations
for the same. It also gives a complete history of the services of the
Navy for the past year in addition to its regular service.
It is evident that unless early steps are taken to preserve our Navy in
a very few years the United States will be the weakest nation upon the
ocean, of all great powers. With an energetic, progressive, business
people like ours, penetrating and forming business relations with every
part of the known world, a navy strong enough to command the respect of
our flag abroad is necessary for the full protection of their rights.
I recommend careful consideration by Congress of the recommendations
made by the Secretary of the Navy.
POST-OFFICE DEPARTMENT.
The accompanying report of the Postmaster-General furnishes a full and
satisfactory exhibit of the operations of the Post-Office Department
during the year. The ordinary revenues of the Department for the
fiscal year ending June 30, 1872, amounted to $21,915,426.37, and the
expenditures to $26,658,192.31. Compared with the previous fiscal year
the increase of revenue was $1,878,330.95, or 9.37 per cent, and the
increase of expenditures $2,268,088.23, or 9.29 per cent. Adding to the
ordinary revenues the annual appropriation of $700,000 for free matter
and the amounts paid to the subsidized mail steamship lines from special
appropriations, the deficiency paid out of the General Treasury was
$3,317,765.94, an excess of $389,707.28 over the deficiency for the
year 1871.
Other interesting statistical information relating to our rapidly
extending postal service is furnished in this report. The total length
of railroad mail routes on the 30th of June, 1872, was 57,911 miles,
8,077 additional miles of such service having been put into operation
during the year. Eight new lines of railway post-offices have been
established, with an aggregate length of 2,909 miles. The number of
letters exchanged in the mails with foreign countries was 24,362,500, an
increase of 4,066,502, or 20 per cent, Over the number in 1871; and the
postage thereon amounted to $1,871,257.25. The total weight of the mails
exchanged with European countries exceeded 820 tons. The cost of the
United States transatlantic mail steamship service was $220,301.70.
The total cost of the United States ocean steamship service, including
the amounts paid to the subsidized lines of mail steamers, was
$1,027,020.97.
The following are the only steamship lines now receiving subsidies for
mail service under special acts of Congress: The Pacific Mail Steamship
Company receive $500,000 per annum for conveying a monthly mail between
San Francisco, Japan, and China, which will be increased to $1,000,000
per annum for a semimonthly mail on and after October 1, 1873; the
United States and Brazil Mail Steamship Company receive $150,000 per
annum for conveying a monthly mail between New York and Rio de Janeiro,
Brazil; and the California, Oregon and Mexican Steamship Company receive
$75,000 per annum for conveying a monthly mail between San Francisco and
Honolulu (Hawaiian Islands), making the total amount of mail steamship
subsidies at present $725,000 per annum.
Our postal communications with all parts of the civilized world have
been placed upon a most advantageous footing by the improved postal
conventions and arrangements recently concluded with the leading
commercial countries of Europe and America, and the gratifying statement
is made that with the conclusion of a satisfactory convention with
France, the details of which have been definitely agreed to by the head
of the French postal department, subject to the approval of the minister
of finance, little remains to be accomplished by treaty for some time to
come with respect either to reduction of rates or improved facilities of
postal intercourse.
Your favorable consideration is respectfully invited to the
recommendations made by the Postmaster-General for an increase of
service from monthly to semimonthly trips on the mail steamship route
to Brazil; for a subsidy in aid of the establishment of an American line
of mail steamers between San Francisco, New Zealand, and Australia; for
the establishment of post-office savings banks, and for the increase of
the salaries of the heads of bureaus. I have heretofore recommended the
abolition of the franking privilege, and see no reason now for changing
my views on that subject. It not having been favorably regarded by
Congress, however, I now suggest a modification of that privilege to
correct its glaring and costly abuses. I would recommend also the
appointment of a committee or commission to take into consideration the
best method (equitable to private corporations who have invested their
time and capital in the establishment of telegraph lines) of acquiring
the title to all telegraph lines now in operation, and of connecting
this service with the postal service of the nation. It is not probable
that this subject could receive the proper consideration during the
limits of a short session of Congress, but it may be initiated, so that
future action may be fair to the Government and to private parties
concerned.
There are but three lines of ocean steamers--namely, the Pacific
Mail Steamship Company, between San Francisco, China, and Japan, with
provision made for semimonthly service after October 1, 1873; the United
States and Brazil line, monthly; and the California, New Zealand, and
Australian line, monthly--plying between the United States and foreign
ports, and owned and operated under our flag. I earnestly recommend that
such liberal contracts for carrying the mails be authorized with these
lines as will insure their continuance.
If the expediency of extending the aid of Government to lines of
steamers which hitherto have not received it should be deemed worthy of
the consideration of Congress, political and commercial objects make it
advisable to bestow such aid on a line under our flag between Panama and
the western South American ports. By this means much trade now diverted
to other countries might be brought to us, to the mutual advantage of
this country and those lying in that quarter of the continent of
America.
The report of the Secretary of the Treasury will show an alarming
falling off in our carrying trade for the last ten or twelve years, and
even for the past year. I do not believe that public treasure can be
better expended in the interest of the whole people than in trying to
recover this trade. An expenditure of $5,000,000 per annum for the next
five years, if it would restore to us our proportion of the carrying
trade of the world, would be profitably expended.
The price of labor in Europe has so much enhanced within the last few
years that the cost of building and operating ocean steamers in the
United States is not so much greater than in Europe; and I believe the
time has arrived for Congress to take this subject into serious
consideration.
DEPARTMENT OF JUSTICE.
Detailed statements of the disbursements through the Department of
Justice will be furnished by the report of the Attorney-General, and
though these have been somewhat increased by the recent acts of Congress
"to enforce the rights of citizens of the United States to vote in the
several States of the Union," and "to enforce the provisions of the
fourteenth amendment to the Constitution of the United States," and the
amendments thereto, I can not question the necessity and salutary effect
of those enactments. Reckless and lawless men, I regret to say, have
associated themselves together in some localities to deprive other
citizens of those rights guaranteed to them by the Constitution of
the United States, and to that end have committed deeds of blood and
violence; but the prosecution and punishment of many of these persons
have tended greatly to the repression of such disorders. I do not doubt
that a great majority of the people in all parts of the country favor
the full enjoyment by all classes of persons of those rights to which
they are entitled under the Constitution and laws, and I invoke the
aid and influence of all good citizens to prevent organizations whose
objects are by unlawful means to interfere with those rights. I look
with confidence to the time, not far distant, when the obvious
advantages of good order and peace will induce an abandonment of all
combinations prohibited by the acts referred to, and when it will be
unnecessary to carry on prosecutions or inflict punishment to protect
citizens from the lawless doings of such combinations.
Applications have been made to me to pardon persons convicted of a
violation of said acts, upon the ground that clemency in such cases
would tend to tranquilize the public mind, and to test the virtue of
that policy I am disposed, as far as my sense of justice will permit,
to give to these applications a favorable consideration; but any
action thereon is not to be construed as indicating any change in
my determination to enforce with vigor such acts so long as the
conspiracies and combinations therein named disturb the peace of
the country.
It is much to be regretted, and is regretted by no one more than myself,
that a necessity has ever existed to execute the "enforcement act." No
one can desire more than I that the necessity of applying it may never
again be demanded.
INTERIOR DEPARTMENT.
The Secretary of the Interior reports satisfactory improvement and
progress in each of the several bureaus under the control of the
Interior Department. They are all in excellent condition. The work which
in some of them for some years has been in arrears has been brought down
to a recent date, and in all the current business is being promptly
dispatched.
INDIANS.
The policy which was adopted at the beginning of this Administration
with regard to the management of the Indians has been as successful
as its most ardent friends anticipated within so short a time. It has
reduced the expense of their management; decreased their forays upon
the white settlements; tended to give the largest opportunity for
the extension of the great railways through the public domain and the
pushing of settlements into more remote districts of the country, and at
the same time improved the condition of the Indians. The policy will be
maintained without any change excepting such as further experience may
show to be necessary to render it more efficient.
The subject of converting the so-called Indian Territory south of Kansas
into a home for the Indian, and erecting therein a Territorial form of
government, is one of great importance as a complement of the existing
Indian policy. The question of removal to that Territory has within the
past year been presented to many of the tribes resident upon other and
less desirable portions of the public domain, and has generally been
received by them with favor. As a preliminary step to the organization
of such a Territory, it will be necessary to confine the Indians now
resident therein to farms of proper size, which should be secured to
them in fee; the residue to be used for the settlement of other friendly
Indians. Efforts will be made in the immediate future to induce the
removal of as many peaceably disposed Indians to the Indian Territory as
can be settled properly without disturbing the harmony of those already
there. There is no other location now available where a people who are
endeavoring to acquire a knowledge of pastoral and agricultural pursuits
can be as well accommodated as upon the unoccupied lands in the Indian
Territory. A Territorial government should, however, protect the Indians
from the inroads of whites for a term of years, until they become
sufficiently advanced in the arts and civilization to guard their own
rights, and from the disposal of the lands held by them for the same
period.
LANDS.
During the last fiscal year there were disposed of out of the public
lands 11,864,975 acres, a quantity greater by 1,099,270 acres than was
disposed of the previous year. Of this amount 1,370,320 acres were
sold for cash, 389,460 acres located with military warrants, 4,671,332
acres taken for homesteads, 693,613 acres located with college scrip,
3,554,887 acres granted to railroads, 465,347 acres granted to wagon
roads, 714,255 acres given to States as swamp land, 5,760 acres located
by Indian scrip. The cash receipts from all sources in the Land Office
amounted to $3,218,100. During the same period 22,016,608 acres of
the public lands were surveyed, which, added to the quantity before
surveyed, amounts to 583,364,780 acres, leaving 1,257,633,628 acres
of the public lands still unsurveyed.
The reports from the subordinates of the Land Office contain interesting
information in regard to their respective districts. They uniformly
mention the fruitfulness of the soil during the past season and the
increased yields of all kinds of produce. Even in those States and
Territories where mining is the principal business agricultural products
have exceeded the local demand, and liberal shipments have been made to
distant points.
PATENTS.
During the year ending September 30, 1872, there were issued from the
Patent Office 13,626 patents, 233 extensions, and 556 certificates and
registries of trade-marks. During the same time 19,587 applications for
patents, including reissues and designs, have been received and 3,100
caveats filed. The fees received during the same period amounted to
$700,954.86, and the total expenditures to $623,553.90, making the net
receipts over the expenditures $77,400.96.
Since 1836 200,000 applications for patents have been filed and
about 133,000 patents issued. The office is being conducted under the
same laws and general organization as were adopted at its original
inauguration, when only from 100 to 500 applications were made per
annum. The Commissioner shows that the office has outgrown the original
plan, and that a new organization has become necessary. This subject was
presented to Congress in a special communication in February last, with
my approval and the approval of the Secretary of the Interior, and the
suggestions contained in said communication were embraced in the bill
that was reported to the House by the Committee on Patents at the last
session. The subject of the reorganization of the Patent Office, as
contemplated by the bill referred to, is one of such importance to the
industrial interests of the country that I commend it to the attention
of Congress.
The Commissioner also treats the subject of the separation of the
Patent Office from the Department of the Interior. This subject is also
embraced in the bill heretofore referred to. The Commissioner complains
of the want of room for the model gallery and for the working force and
necessary files of the office. It is impossible to transact the business
of the office properly without more room in which to arrange files and
drawings, that must be consulted hourly in the transaction of business.
The whole of the Patent Office building will soon be needed, if it is
not already, for the accommodation of the business of the Patent Office.
PENSIONS.
The amount paid for pensions in the last fiscal year was $30,169,340, an
amount larger by $3,708,434 than was paid during the preceding year. Of
this amount $2,313,409 were paid under the act of Congress of February
17, 1871, to survivors of the War of 1812. The annual increase of
pensions by the legislation of Congress has more than kept pace with the
natural yearly losses from the rolls. The act of Congress of June 8,
1872, has added an estimated amount of $750,000 per annum to the rolls,
without increasing the number of pensioners. We can not, therefore, look
for any substantial decrease in the expenditures of this Department for
some time to come, or so long as Congress continues to so change the
rates of pension.
The whole number of soldiers enlisted in the War of the Rebellion was
2,688,523. The total number of claims for invalid pensions is 176,000,
being but 6 per cent of the whole number of enlisted men. The total
number of claims on hand at the beginning of the year was 91,689; the
number received during the year was 26,574; the number disposed of was
39,178, making a net gain of 12,604. The number of claims now on file
is 79,085.
On the 30th of June, 1872, there were on the rolls the names of 95,405
invalid military pensioners, 113,518 widows, orphans, and dependent
relatives, making an aggregate of 208,923 army pensioners. At the same
time there were on the rolls the names of 1,449 navy pensioners and
1,730 widows, orphans, and dependent relatives, making the whole number
of naval pensioners 3,179. There have been received since the passage of
the act to provide pensions for the survivors of the War of 1812 36,551
applications, prior to June 30, 1872. Of these there were allowed during
the last fiscal year 20,126 claims; 4,845 were rejected during the year,
leaving 11,580 claims pending at that date. The number of pensions of
all classes granted during the last fiscal year was 33,838. During that
period there were dropped from the rolls, for various causes, 9,104
names, leaving a grand total of 232,229 pensioners on the rolls on the
30th of June, 1872.
It is thought that the claims for pensions on account of the War of 1812
will all be disposed of by the 1st of May, 1873. It is estimated that
$30,480,000 will be required for the pension service during the next
fiscal year.
THE CENSUS.
The Ninth Census is about completed. Its early completion is a subject
of congratulation, inasmuch as the use to be made of the statistics
therein contained depends very greatly on the promptitude of
publication.
The Secretary of the Interior recommends that a census be taken in 1875,
which recommendation should receive the early attention of Congress. The
interval at present established between the Federal census is so long
that the information obtained at the decennial period as to the material
condition, wants, and resources of the nation is of little practical
value after the expiration of the first half of that period. It would
probably obviate the constitutional provision regarding the decennial
census if a census taken in 1875 should be divested of all political
character and no reapportionment of Congressional representation be made
under it. Such a census, coming, as it would, in the last year of the
first century of our national existence, would furnish a noble monument
of the progress of the United States during that century.
EDUCATION.
The rapidly increasing interest in education is a most encouraging
feature in the current history of the country, and it is no doubt true
that this is due in a great measure to the efforts of the Bureau of
Education. That office is continually receiving evidences, which
abundantly prove its efficiency, from the various institutions of
learning and educators of all kinds throughout the country.
The report of the Commissioner contains a vast amount of educational
details of great interest. The bill now pending before Congress,
providing for the appropriation of the net proceeds of the sales of
public lands for educational purposes, to aid the States in the general
education of their rising generation, is a measure of such great
importance to our real progress and is so unanimously approved by the
leading friends of education that I commend it to the favorable
attention of Congress.
TERRITORIES.
Affairs in the Territories are generally satisfactory. The energy
and business capacity of the pioneers who are settling up the vast
domains not yet incorporated into States are keeping pace in internal
improvements and civil government with the older communities. In but one
of them (Utah) is the condition of affairs unsatisfactory, except so far
as the quiet of the citizen may be disturbed by real or imaginary danger
of Indian hostilities. It has seemed to be the policy of the legislature
of Utah to evade all responsibility to the Government of the United
States, and even to hold a position in hostility to it.
I recommend a careful revision of the present laws of the Territory by
Congress, and the enactment of such a law (the one proposed in Congress
at its last session, for instance, or something similar to it) as will
secure peace, the equality of all citizens before the law, and the
ultimate extinguishment of polygamy.
Since the establishment of a Territorial government for the District of
Columbia the improvement of the condition of the city of Washington and
surroundings and the increased prosperity of the citizens are observable
to the most casual visitor. The nation, being a large owner of property
in the city, should bear, with the citizens of the District, its just
share of the expense of these improvements.
I recommend, therefore, an appropriation to reimburse the citizens for
the work done by them along and in front of public grounds during the
past year, and liberal appropriations in order that the improvements and
embellishments of the public buildings and grounds may keep pace with
the improvements made by the Territorial authorities.
AGRICULTURE.
The report of the Commissioner of Agriculture gives a very full and
interesting account of the several divisions of that Department--the
horticultural, agricultural, statistical, entomological, and
chemical--and the benefits conferred by each upon the agricultural
interests of the country. The whole report is a complete history, in
detail, of the workings of that Department in all its branches, showing
the manner in which the farmer, merchant, and miner is informed, and
the extent to which he is aided in his pursuits.
The Commissioner makes one recommendation--that measures be taken by
Congress to protect and induce the planting of forests--and suggests
that no part of the public lands should be disposed of without the
condition that one-tenth of it should be reserved in timber where it
exists, and where it does not exist inducements should be offered for
planting it.
CENTENNIAL CELEBRATION.
In accordance with the terms of the act of Congress approved March 3,
1871, providing for the celebration of the one hundredth anniversary of
American independence, a commission has been organized, consisting of
two members from each of the States and Territories. This commission
has held two sessions, and has made satisfactory progress in the
organization and in the initiatory steps necessary for carrying out
the provisions of the act, and for executing also the provisions of
the act of June 1, 1872, creating a centennial board of finance.
A preliminary report of progress has been received from the president
of the commission, and is herewith transmitted. It will be the duty
of the commission at your coming session to transmit a full report of
the progress made, and to lay before you the details relating to the
exhibition of American and foreign arts, products, and manufactures,
which by the terms of the act is to be held under the auspices of the
Government of the United States in the city of Philadelphia in the
year 1876.
This celebration will be looked forward to by American citizens with
great interest, as marking a century of greater progress and prosperity
than is recorded in the history of any other nation, and as serving a
further good purpose in bringing together on our soil peoples of all
the commercial nations of the earth in a manner calculated to insure
international good feeling.
CIVIL SERVICE.
An earnest desire has been felt to correct abuses which have grown
up in the civil service of the country through the defective method
of making appointments to office. Heretofore Federal offices have been
regarded too much as the reward of political services. Under authority
of Congress rules have been established to regulate the tenure of office
and the mode of appointments. It can not be expected that any system
of rules can be entirely effective and prove a perfect remedy for the
existing evils until they have been thoroughly tested by actual practice
and amended according to the requirements of the service. During my
term of office it shall be my earnest endeavor to so apply the rules
as to secure the greatest possible reform in the civil service of the
Government, but it will require the direct action of Congress to render
the enforcement of the system binding upon my successors; and I hope
that the experience of the past year, together with appropriate
legislation by Congress, may reach a satisfactory solution of this
question and secure to the public service for all time a practical
method of obtaining faithful and efficient officers and employees.
U.S. GRANT.
SPECIAL MESSAGES.
WASHINGTON, _December 2, 1872_.
_To the Senate and House of Representatives:_
I transmit herewith a report, dated the 2d instant, received from the
Secretary of State, supplementary to the report submitted by him under
date of the 8th of November, 1871, with reference to the expenditures
authorized by the fourth and fifth paragraphs of the act of March 3,
1871, and by the act of May 18, 1872, making appropriations for the
increased expenses and compensation for extraordinary services of
certain diplomatic and consular officers of the United States by reason
of the late war between France and Prussia. These expenditures have been
made on my approval.
U.S. GRANT.
WASHINGTON, _December 3, 1872_.
_To the Senate and House of Representatives:_
I transmit herewith to Congress a report, dated the 2d instant, with
the accompanying papers,[69] 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 69: Report of fees collected, etc., by consular officers of
the United States for 1871, and tariff of consular fees.]
WASHINGTON, _December 3, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States of America and the
United States of Mexico, signed in this city on the 27th ultimo, further
extending the time fixed by the convention between the same parties of
the 4th of July, 1868, for the duration of the joint commission on the
subject of claims.
U.S. GRANT.
WASHINGTON, _December 3, 1872_.
_To the Senate of the United States:_
I transmit to the Senate, for its consideration with a view to
ratification, a treaty between the United States of America and the
Republic of Ecuador, providing for the mutual surrender of fugitive
criminals, signed at Quito on the 28th of June last.
U.S. GRANT.
WASHINGTON, _December 3, 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 King of Denmark, relating to naturalization.
U.S. GRANT.
WASHINGTON, _December 9, 1872_.
_To the Senate of the United States:_
In answer to the resolution of the Senate of the 5th instant, I transmit
herewith a report[70] from the Secretary of State.
U.S. GRANT.
[Footnote 70: Stating that the correspondence relative to the existence
of slavery on the coast of Africa and to the action taken by Great
Britain and other countries for its suppression was transmitted with the
annual message of the President on the 2d instant.]
EXECUTIVE MANSION, _December 12, 1872_.
_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 ended
June 30, 1871, and for other purposes, I herewith transmit a report
received from the Secretary of the Treasury, giving the name of, the
report made by, and the amount paid to the single consular agent of
the United States.[71]
U.S. GRANT.
[Footnote 71: De B. Randolph Keim.]
WASHINGTON, _December 16, 1872_.
_To the Senate and House of Representatives:_
I transmit to Congress a report from the Secretary of State, accompanied
by that of the commissioners for inquiring into depredations upon the
frontier of the State of Texas, appointed pursuant to the joint
resolution of the 7th of May last.
U.S. GRANT.
WASHINGTON, _January 5, 1873_.
_To the Senate of the United States:_
I transmit, for the consideration of the Senate with a view to
ratification, a convention for the surrender of criminals between the
United States of America and the Republic of Honduras, which was signed
at Comayagua on the 4th day of June, 1873.
U.S. GRANT.
WASHINGTON, _January 13, 1873_.
_To the House of Representatives:_
In answer to resolution of the House of Representatives of the 16th
of December last, calling for information relative to the condition of
affairs in Louisiana, and what, if any, action has been taken in regard
thereto, I herewith transmit the report of the Attorney-General and the
papers by which it is accompanied.
U.S. GRANT.
WASHINGTON, _January 22, 1873_.
_To the Senate of the United States:_
I transmit herewith to the Senate, for its consideration with a view to
ratification, an additional article to the treaty between the United
States and Her Britannic Majesty of the 8th of May, 1871.
U.S. GRANT.
EXECUTIVE MANSION, _January 31, 1873_.
_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 submit herewith a letter of the Secretary
of the Treasury relative to the consular agent[72] appointed under
authority of said act, together with the amounts paid such agent, and to
transmit the report of the said agent upon the consular service of the
United States.
U.S. GRANT.
[Footnote 72: De B. Randolph Keim.]
WASHINGTON, _February 8, 1873_.
_To the House of Representatives:_
In answer to the resolution of the House of Representatives of the 29th
of January, requesting information in relation to the case of Bernhard
Bernstein,[73] I transmit herewith a report from the Secretary of State
upon that subject, with accompanying documents.
U.S. GRANT.
[Footnote 73: Claim against Russia for illegal arrest and imprisonment.]
WASHINGTON, _February 13, 1873_.
_To the Senate and House of Representatives:_
I transmit herewith a report from the Secretary of State and
accompanying papers.[74]
U.S. GRANT.
[Footnote 74: Report of the United States commissioner to the
International Penitentiary Congress of London, and appendix containing
summary of proceedings of the National Prison Congress of Baltimore.]
EXECUTIVE MANSION, _February 14, 1873_.
_To the Senate and House of Representatives:_
I consider it my duty to call the attention of Congress to the condition
of affairs in the Territory of Utah, and to the dangers likely to arise
if it continues during the coming recess, from a threatened conflict
between the Federal and Territorial authorities.
No discussion is necessary in regard to the general policy of Congress
respecting the Territories of the United States, and I only wish now to
refer to so much of that policy as concerns their judicial affairs and
the enforcement of law within their borders.
No material differences are found in respect to these matters in the
organic acts of the Territories, but an examination of them will show
that it has been the invariable policy of Congress to place and keep
their civil and criminal jurisdiction, with certain limited exceptions,
in the hands of persons nominated by the President and confirmed by the
Senate, and that the general administration of justice should be as
prescribed by Congressional enactment. Sometimes the power given to the
Territorial legislatures has been somewhat larger and sometimes somewhat
smaller than the powers generally conferred. Never, however, have powers
been given to a Territorial legislature inconsistent with the idea that
the general judicature of the Territory was to be under the direct
supervision of the National Government.
Accordingly, the organic law creating the Territory of Utah, passed
September 9, 1850, provided for the appointment of a supreme court, the
judges of which are judges of the district courts, a clerk, marshal, and
an attorney, and to these Federal officers is confided jurisdiction in
all important matters; but, as decided recently by the Supreme Court,
the act requires jurors to serve in these courts to be selected in such
manner as the Territorial legislature sees fit to prescribe. It has
undoubtedly been the desire of Congress, so far as the same might be
compatible with the supervisory control of the Territorial government,
to leave the minor details connected with the administration of law to
regulation by local authority; but such a desire ought not to govern
when the effect will be, owing to the peculiar circumstances of the
case, to produce a conflict between the Federal and the Territorial
authorities, or to impede the enforcement of law, or in any way to
endanger the peace and good order of the Territory.
Evidently it was never intended to intrust the Territorial legislature
with power which would enable it, by creating judicatures of its
own or increasing the jurisdiction of courts appointed by Territorial
authority, although recognized by Congress, to take the administration
of the law out of the hands of the judges appointed by the President
or to interfere with their action.
Several years of unhappy experience make it apparent that in both of
these respects the Territory of Utah requires special legislation by
Congress.
Public opinion in that Territory, produced by circumstances too
notorious to require further notice, makes it necessary, in my opinion,
in order to prevent the miscarriage of justice and to maintain
the supremacy of the laws of the United States and of the Federal
Government, to provide that the selection of grand and petit jurors for
the district courts, if not put under the control of Federal officers,
shall be placed in the hands of persons entirely independent of those
who are determined not to enforce any act of Congress obnoxious to them,
and also to pass some act which shall deprive the probate courts, or any
court created by the Territorial legislature, of any power to interfere
with or impede the action of the courts held by the United States
judges.
I am convinced that so long as Congress leaves the selection of jurors
to the local authorities it will be futile to make any effort to enforce
laws not acceptable to a majority of the people of the Territory, or
which interfere with local prejudices or provide for the punishment of
polygamy or any of its affiliated vices or crimes.
I presume that Congress, in passing upon the subject, will provide all
reasonable and proper safeguards to secure honest and impartial jurors,
whose verdicts will command confidence and be a guaranty of equal
protection to all good and law-abiding citizens, and at the same time
make it understood that crime can not be committed with impunity.
I have before said that while the laws creating the several Territories
have generally contained uniform provisions in respect to the judiciary,
yet Congress has occasionally varied these provisions in minor details,
as the circumstances of the Territory affected seemed to demand;
and in creating the Territory of Utah Congress evidently thought that
circumstances there might require judicial remedies not necessary in
other Territories, for by section 9 of the act creating that Territory
it is provided that a writ of error may be brought from the decision
of any judge of the supreme or district court of the Territory to the
Supreme Court of the United States upon any writ of _habeas corpus_
involving the question of personal freedom--a provision never inserted
in any other Territorial act except that creating the Territory of
New Mexico.
This extraordinary provision shows that Congress intended to mold
the organic law to the peculiar necessities of the Territory, and the
legislation which I now recommend is in full harmony with the precedent
thus established.
I am advised that United States courts in Utah have been greatly
embarrassed by the action of the Territorial legislature in
conferring criminal jurisdiction and the power to issue writs of _habeas
corpus_ on the probate courts in the Territory, and by their consequent
interference with the administration of justice. Manifestly the
legislature of the Territory can not give to any court whatever the
power to discharge by _habeas corpus_ persons held by or under process
from the courts created by Congress, but complaint is made that persons
so held have been discharged in that way by the probate courts. I can
not doubt that Congress will agree with me that such a state of things
ought not longer to be tolerated, and that no class of persons anywhere
should be allowed to treat the laws of the United States with open
defiance and contempt.
Apprehensions are entertained that if Congress adjourns without any
action upon this subject turbulence and disorder will follow, rendering
military interference necessary--a result I should greatly deprecate;
and in view of this and other obvious considerations, I earnestly
recommend that Congress, at the present session, pass some act which
will enable the district courts of Utah to proceed with independence
and efficiency in the administration of law and justice.
U.S. GRANT.
WASHINGTON, _February 17, 1873_.
_To the Senate of the United States:_
In answer to a resolution of the Senate of the 14th instant, adopted
in executive session, requiring of the Secretary of State information
touching the business before the late mixed commission on claims under
the convention with Mexico, I transmit a report from the Secretary of
State and the papers by which it was accompanied.
U.S. GRANT.
WASHINGTON, _February 24, 1873_.
_To the Senate and House of Representatives:_
In my annual message to Congress at the opening of the second session of
the present Congress, in December, 1871, I recommended the legislation
necessary on the part of the United States to bring into operation the
articles of the treaty of Washington of May 8, 1871, relative to the
fisheries and to other matters touching the relations of the United
States toward the British North American possessions, to become
operative so soon as the proper legislation should be had on the part of
Great Britain and its possessions. That legislation on the part of Great
Britain and its possessions had not then been had.
Having, prior to the meeting of Congress in December last, received
official information of the consideration by Great Britain and its
possessions of the legislation necessary on their part to bring those
articles into operation, I communicated that fact to Congress in my
annual message at the opening of the present session, and renewed the
recommendation for your early adoption of the legislation in the same
direction necessary on the part of this Government.
The near approach of the end of the session induces me again to urgently
call your attention to the importance of this legislation on the part of
Congress.
It will be remembered that the treaty of Washington resulted from an
overture on the part of Great Britain to treat with reference to the
fisheries on the coast of Her Majesty's possessions in North America
and other questions between them affecting the relations of the United
States toward these possessions. To this overture a reply was made on
the part of this Government that while appreciating the importance of
a friendly and complete understanding between the two Governments with
reference to the subject specially suggested by the British Government,
it was thought that the removal of the differences growing out of
what were generically known as the Alabama claims was essential to
the restoration of cordial and amicable relations between the two
Governments, and the assent of this Government to treat on the subject
of the fisheries was made dependent on the assent of Great Britain
to allow the joint commission which it had prepared on the questions
suggested by that Government to treat also and settle the differences
growing out of the Alabama claims.
Great Britain assented to this, and the treaty of Washington proposed
a settlement of both classes of questions.
Those relating to the Alabama claims and to the northwestern water
boundary, commonly known as the San Juan question, have been disposed
of in pursuance of the terms of the treaty.
Those relating to the fisheries were made by the terms of the treaty to
depend upon the legislation which the constitutions of the respective
Governments made necessary to carry those provisions into effect.
Great Britain and her possessions have on their part enacted the
necessary legislation.
This Government is now enjoying the advantages of those provisions of
the treaty which were the result of the condition of its assent to treat
upon the questions which Great Britain had submitted.
The tribunal at Geneva has made an award in favor of the United States
on the Alabama claims, and His Majesty the Emperor of Germany has
decided in favor of the contention of the United States on the
northwestern boundary line.
I can not urge too strongly the importance of your early consideration
of the legislation that may be necessary on the part of this Government.
In addition to the claim that Great Britain may have upon the good faith
of this Government to consider the legislation necessary in connection
with the questions which that Government presented as the subject of a
negotiation which has resulted so favorably to this Government upon the
other questions in which the United States felt so much interest, it is
of importance that the rights of the American fishermen, as provided
for under the treaty, should be determined before the now approaching
fishing season opens, and that the serious difficulties to the fishing
interests and the grave questions between the two Governments that may
arise therefrom be averted.
U.S. GRANT.
EXECUTIVE MANSION, _February 25, 1873_.
_To the Senate and House of Representatives:_
Your attention is respectfully invited to the condition of affairs in
the State of Louisiana.
Grave complications have grown out of the election there on the 6th of
November last, chiefly attributable, it is believed, to an organized
attempt on the part of those controlling the election officers and
returns to defeat in that election the will of a majority of the
electors of the State. Different persons are claiming the executive
offices, two bodies are claiming to be the legislative assembly of the
State, and the confusion and uncertainty produced in this way fall with
paralyzing effect upon all its interests.
Controversy arose as soon as the election occurred over its proceedings
and results, but I declined to interfere until suit involving this
controversy to some extent was brought in the circuit court of the
United States under and by virtue of the act of May 31, 1870, entitled
"An act to enforce the right of citizens of the United States to vote
in the several States of the Union, and for other purposes."
Finding that resistance was made to judicial process in that suit,
without any opportunity, and, in my judgment, without any right, to
review the judgment of the court upon the jurisdictional or other
questions arising in the case, I directed the United States marshal to
enforce such process and to use, if necessary, troops for that purpose,
in accordance with the thirteenth section of said act, which provides
that "it shall be lawful for the President of the United States to
employ such part of the land or naval forces of the United States or of
the militia as shall be necessary to aid in the execution of judicial
process under this act."
Two bodies of persons claimed to be the returning board for the State,
and the circuit court in that case decided that the one to which Lynch
belonged, usually designated by his name, was the lawful returning
board; and this decision has been repeatedly affirmed by the district
and supreme courts of the State. Having no opportunity or power to
canvass the votes, and the exigencies of the case demanding an immediate
decision, I conceived it to be my duty to recognize those persons as
elected who received and held their credentials to office from what then
appeared to me to be, and has since been decided by the supreme court
of the State to be, the legal returning board.
Conformably to the decisions of this board, a full set of State officers
has been installed and a legislative assembly organized, constituting,
if not a _de jure_, at least a _de facto_ government, which, since
some time in December last, has had possession of the offices and been
exercising the usual powers of government; but opposed to this has been
another government claiming to control the affairs of the State, and
which has to some extent been _pro forma_ organized.
Recent investigation into said election has developed so many frauds
and forgeries as to make it doubtful what candidates received a majority
of the votes actually cast, and in view of these facts a variety of
action has been proposed. I have no specific recommendation to make
upon the subject, but if there is any practicable way of removing these
difficulties by legislation, then I earnestly request that such action
may be taken at the present session of Congress.
It seems advisable that I should state now what course I shall feel
bound to pursue in reference to the matter in the event of no action by
Congress at this time. Subject to any satisfactory arrangement that may
be made by the parties to the controversy, which of all things is the
most desirable, it will be my duty, so far as it may be necessary for
me to act, to adhere to that government heretofore recognized by me.
To judge of the election and qualifications of its members is the
exclusive province of the Senate, as it is also the exclusive province
of the House to judge of the election and qualifications of its members;
but as to State offices, filled and held under State laws, the decisions
of the State judicial tribunals, it seems to me, ought to be respected.
I am extremely anxious to avoid any appearance of undue interference
in State affairs, and if Congress differs from me as to what ought
to be done I respectfully urge its immediate decision to that effect;
otherwise I shall feel obliged, as far as I can by the exercise of
legitimate authority, to put an end to the unhappy controversy which
disturbs the peace and prostrates the business of Louisiana, by the
recognition and support of that government which is recognized and
upheld by the courts of the State.
U.S. GRANT.
VETO MESSAGES.
EXECUTIVE MANSION, _January 6, 1873_.
_To the House of Representatives:_
I return herewith, for the further consideration of Congress, House bill
No. 2291, entitled "An act for the relief of Edmund Jussen," to which
I have not appended my approval, for the following reasons:
The bill directs the accounting officers to transfer from Mr. Jussen's
account to that of his successor all indebtedness arising from the
loss or destruction or nontaking of warehouse bonds on certain spirits
destroyed by fire. This provision would be wholly ineffective in so far
as it proposes to increase the liability of Mr. Jussen's successor, he
having been appointed subsequently to the destruction of the spirits.
It might operate to relieve Mr. Jussen, but it seems probable that
he is already relieved by the act of May 27, 1872, passed since the
introduction of this bill. That act provides for the rebatement of taxes
on distilled spirits destroyed by fire, except in cases where the owners
of such spirits may be indemnified against tax by a valid claim of
insurance. The relief of the taxpayers of course includes the relief
of collectors from liability caused by failure to take bonds. It does
not appear whether there was any insurance in this case. If not, the
applicant is already relieved; but if there was an insurance the effect
of this bill, if it became a law, might be to except Mr. Jussen from the
operation of the general rule established by the proviso of the act of
May 27, 1872. If such exception be proper, it should not be confined to
an individual case, but extended to all. If there was an insurance, this
bill would relieve Mr, Jussen from the liability with which it is very
doubtful if his successor could be legally charged, or with which he
ought to be charged.
U.S. GRANT.
EXECUTIVE MANSION, _January 22, 1873_.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
SIR: I herewith return to the House of Representatives, in which it
originated, H.R. No. 630, entitled "An act in relation to new trials
in the Court of Claims," without my approval.
The object of the bill is to reduce from two years to six months the
time in which a new trial, upon motion of the United States, may be
granted in the Court of Claims.
Great difficulties are now experienced in contesting fraudulent and
unjust claims against the Government prosecuted in said court, and the
effect of this bill, if it becomes a law, will be to increase those
difficulties. Persons sue in this court generally with the advantage
of a personal knowledge of the circumstances of the case, and are
prompted by personal interest to activity in its preparation for trial,
which consists sometimes in the production of false testimony and the
suppression of the truth, while the United States are dependent for
defense upon such inquiries as the officers of the Government, generally
strangers to the transaction, are enabled to make, not infrequently in
remote parts of the country and among those not averse to depredations
upon the National Treasury. Instances have occurred where the existing
opportunities for a new trial have enabled the Government to discover
and defeat claims that ought not to have been allowed, after judgments
thereon had been rendered by the Court of Claims.
By referring to the act which it is proposed to modify it will be seen
that the payment of judgments recovered is not necessarily suspended
for two years; but where the proofs are doubtful or suspicious the
Government may appeal to the Supreme Court, and in the meantime may
avail itself of any discovery or revelation of new evidence touching
the facts of the case.
I fail to see the necessity or advantages of the proposed change in
the law, and whatever may be the purposes of the bill, its effect,
if passed, I am apprehensive will be to facilitate the prosecution of
fraudulent claims against the United States. Believing that justice can
and will be done to honest claimants in the Court of Claims as the law
now stands, and believing also that the proposed change in the law will
remove a valuable safeguard to the Treasury, I must for these reasons
respectfully withhold my assent to the bill.
U.S. GRANT.
EXECUTIVE MANSION, _January 29, 1873_.
_To the Senate of the United States:_
I have the honor to return herewith Senate bill No. 490, entitled
"An act for the relief of the East Tennessee University," without
my approval.
This claim, for which $18,500 are appropriated out of the moneys of the
United States, arises in part for the destruction of property by troops
in time of war, and therefore the same objections attach to it as were
expressed in my message of June 1, 1872, returning the Senate bill
awarding $25,000 to J. Milton Best.
If the precedent is once established that the Government is liable for
the ravages of war, the end of demands upon the public Treasury can not
be forecast.
The loyalty of the people of the section in which the university
is located, under circumstances of personal danger and trials, thus
entitling them to the most favorable construction of the obligation of
the Government toward them, is admitted, and nothing but regard for my
duty to the whole people, in opposing a principle which, if allowed,
will entail greater burdens upon the whole than the relief which will be
afforded to a part by allowing this bill to become a law, could induce
me to return it with objections.
Recognizing the claims of these citizens to sympathy and the most
favorable consideration of their claims by the Government, I would
heartily favor a donation of the amount appropriated by this bill for
their relief.
U.S. GRANT.
WASHINGTON, _February 8, 1873_.
_To the House of Representatives:_
I have the honor to return herewith House bill (H.R. 2852) entitled
"An act for the relief of James A. McCullah, late collector of the fifth
district of Missouri," without my approval, for the following reasons:
It is provided in section 34 of the act of June 30, 1864, as amended by
the act of July 13, 1866, that it shall be proved to the satisfaction
of the Commissioner of Internal Revenue that due diligence was used by
the collector, who shall certify the facts to the First Comptroller.
This bill, should it become a law, clearly excuses Mr. McCullah, late
collector, from showing that he used due diligence for the collection
of the tax in question while the lists remained in his hands.
U.S. GRANT.
EXECUTIVE MANSION, _February 11, 1873_.
_To the Senate of the United States:_
I return herewith without my approval Senate bill No. 161, entitled
"An act for the relief of those suffering from the destruction of salt
works near Manchester, Ky., pursuant to the order of Major-General
Carlos Buell."
All the objections made by me to the bill for the relief of J. Milton
Best, and also of the East Tennessee University, apply with equal force
to this bill.
According to the official report of Brigadier-General Craft, by whose
immediate command the property in question was destroyed, there was a
large rebel force in the neighborhood, who were using the salt works and
had carried away a considerable quantity of salt, and were preparing to
take more as soon as the necessary transportation could be procured; and
he further states "that the leaders of the rebellion calculated upon
their supply of salt to come from these works," and that in his opinion
their destruction was a military necessity. I understand him to say, in
effect, that the salt works were captured from the rebels; that it was
impracticable to hold them, and that they were demolished so as to be of
no further use to the enemy.
I can not agree that the owners of property destroyed under such
circumstances are entitled to compensation therefor from the United
States. Whatever other view may be taken of the subject, it is
incontrovertible that these salt works were destroyed by the Union Army
while engaged in regular military operations, and that the sole object
of their destruction was to weaken, cripple, or defeat the armies of the
so-called Southern Confederacy.
I am greatly apprehensive that the allowance of this claim could and
would be construed into the recognition of a principle binding the
United States to pay for all property which their military forces
destroyed in the late war for the Union. No liability by the Government
to pay for property destroyed by the Union forces in conducting a battle
or siege has yet been claimed, but the precedent proposed by this bill
leads directly and strongly in that direction, for it is difficult upon
any ground of reason or justice to distinguish between a case of that
kind and the one under consideration. Had General Craft and his command
destroyed the salt works by shelling out the enemy found in their actual
occupancy, the case would not have been different in principle from the
one presented in this bill. What possible difference can it make in
the rights of owners or the obligations of the Government whether the
destruction was in driving the enemy out or in keeping them out of the
possession of the salt works?
This bill does not present a case where private property is taken for
public use in any sense of the Constitution. It was not taken from the
owners, but from the enemy; and it was not then used by the Government,
but destroyed. Its destruction was one of the casualties of war, and,
though not happening in actual conflict, was perhaps as disastrous to
the rebels as would have been a victory in battle.
Owners of property destroyed to prevent the spread of a conflagration,
as a general rule, are not entitled to compensation therefor; and for
reasons equally strong the necessary destruction of property found in
the hands of the public enemy, and constituting a part of their military
supplies, does not entitle the owner to indemnity from the Government
for damages to him in that way.
I fully appreciate the hardship of the case, and would be glad if my
convictions of duty allowed me to join in the proposed relief; but I can
not consent to the doctrine which is found in this bill, as it seems to
me, by which the National Treasury is exposed to all claims for property
injured or destroyed by the armies of the United States in the late
protracted and destructive war in this country.
U.S. GRANT.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas objects of interest to the United States require that the Senate
should be convened at 12 o'clock on the 4th of March next, to receive
and act upon such communications as may be made to it on the part of the
Executive:
Now, therefore, I, Ulysses S. Grant, President of the United States,
have considered it to be my duty to issue this my proclamation,
declaring that an extraordinary occasion requires the Senate of the
United States to convene for the transaction of business at the Capitol,
in the city of Washington, on the 4th day of March next, at 12 o'clock
at noon on that day, of which all who shall at that time be entitled to
act as members of that body are hereby required to take notice.
Given under my hand and the seal of the United States, at Washington,
the 21st day of February, A.D. 1873, and of the Independence of the
United States of America the ninety-seventh.
[SEAL.]
U.S. GRANT.
By the President:
HAMILTON FISH,
_Secretary of State_.
EXECUTIVE ORDERS.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
WASHINGTON, _January 17, 1873_.
Whereas it has been brought to the notice of the President of the United
States that many persons holding civil office by appointment from him or
otherwise under the Constitution and laws of the United States, while
holding such Federal positions, accept offices under the authority of
the States and Territories in which they reside, or of municipal
corporations under the charters and ordinances of such corporations,
thereby assuming the duties of the State, Territorial, or municipal
office at the same time that they are charged with the duties of the
civil office held under Federal authority; and
Whereas it is believed that, with few exceptions, the holding of two
such offices by the same person is incompatible with a due and faithful
discharge of the duties of either office; that it frequently gives rise
to great inconvenience, and often results in detriment to the public
service, and, moreover, is not in harmony with the genius of the
Government:
In view of the premises, therefore, the President has deemed it proper
thus and hereby to give public notice that from and after the 4th day
of March, A.D. 1873 (except as herein specified), persons holding any
Federal civil office by appointment under the Constitution and laws of
the United States will be expected, while holding such office, not to
accept or hold any office under any State or Territorial government
or under the charter or ordinances of any municipal corporation; and
further, that the acceptance or continued holding of any such State,
Territorial, or municipal office, whether elective or by appointment,
by any person holding civil office as aforesaid under the Government
of the United States, other than judicial offices under the Constitution
of the United States, will be deemed a vacation of the Federal office
held by such person, and will be taken to be and will be treated as a
resignation by such Federal officer of his commission or appointment
in the service of the United States.
The offices of justices of the peace, of notaries public, and of
commissioners to take the acknowledgment of deeds, of bail, or to
administer oaths shall not be deemed within the purview of this order,
and are excepted from its operation and may be held by Federal officers.
The appointment of deputy marshal of the United States may be conferred
upon sheriffs or deputy sheriffs; and deputy postmasters the emoluments
of whose office do not exceed $600 per annum are also excepted from the
operations of this order, and may accept and hold appointments under
State, Territorial, or municipal authority, provided die same be found
not to interfere with the discharge of their duties as postmaster.
Heads of Departments and other officers of the Government who have the
appointment of subordinate officers are required to take notice of this
order, and to see to the enforcement of its provisions and terms within
the sphere of their respective Departments or offices and as relates to
the several persons holding appointments under them, respectively.
By order of the President:
HAMILTON FISH,
_Secretary of State_.
DEPARTMENT OF STATE, _Washington, January 28, 1873_.
Inquiries having been made from various quarters as to the application
of the Executive order issued on the 17th January, relating to the
holding of State or municipal offices by persons holding civil offices
under the Federal Government, the President directs the following reply
to be made:
It has been asked whether the order prohibits a Federal officer from
holding also the office of an alderman or of a common councilman in a
city, or of a town councilman of a town or village, or of appointments
under city, town, or village governments. By some it has been suggested
that there may be distinction made in case the office be with or without
salary or compensation. The city or town offices of the description
referred to, by whatever names they may be locally known, whether held
by election or by appointment, and whether with or without salary or
compensation, are of the class which the Executive order intends not
to be held by persons holding Federal offices.
It has been asked whether the order prohibits Federal officers from
holding positions on boards of education, school committees, public
libraries, religious or eleemosynary institutions incorporated or
established or sustained by State or municipal authority. Positions and
service on such boards or committees and professorships in colleges are
not regarded as "offices" within the contemplation of the Executive
order, but as employments or service in which all good citizens may be
engaged without incompatibility, and in many cases without necessary
interference with any position which they may hold under the Federal
Government. Officers of the Federal Government may therefore engage in
such service, provided the attention required by such employment does
not interfere with the regular and efficient discharge of the duties of
their office under the Federal Government. The head of the Department
under whom the Federal office is held will in all cases be the sole
judge whether or not the employment does thus interfere.
The question has also been asked with regard to officers of the
State militia. Congress having exercised the power conferred by the
Constitution to provide for organizing the militia, which is liable to
be called forth to be employed in the service of the United States, and
is thus in some sense under the control of the General Government, and
is, moreover, of the greatest value to the public, the Executive order
of the 17th January is not considered as prohibiting Federal officers
from being officers of the militia in the States and Territories.
It has been asked whether the order prohibits persons holding office
under the Federal Government being members of local or municipal fire
departments; also whether it applies to mechanics employed by the day
in the armories, arsenals, and navy-yards, etc., of the United States.
Unpaid service in local or municipal fire departments is not regarded as
an office within the intent of the Executive order, and may be performed
by Federal officers, provided it does not interfere with the regular and
efficient discharge of the duties of the Federal office, of which the
head of the Department under which the office is held will in each case
be the judge. Employment by the day as mechanics and laborers in the
armories, arsenals, navy-yards, etc., does not constitute an office of
any kind, and those thus employed are not within the contemplation of
the Executive order. Master workmen and others who hold appointments
from the Government or from any Department, whether for a fixed time
or at the pleasure of the appointing power, are embraced within the
operation of the order.
By order of the President:
HAMILTON FISH,
_Secretary of State_.
SECOND INAUGURAL ADDRESS.
FELLOW-CITIZENS: Under Providence I have been called a second time to
act as Executive over this great nation. It has been my endeavor in the
past to maintain all the laws, and, so far as lay in my power, to act
for the best interests of the whole people. My best efforts will be
given in the same direction in the future, aided, I trust, by my four
years' experience in the office.
When my first term of the office of Chief Executive began, the country
had not recovered from the effects of a great internal revolution, and
three of the former States of the Union had not been restored to their
Federal relations.
It seemed to me wise that no new questions should be raised so long as
that condition of affairs existed. Therefore the past four years, so far
as I could control events, have been consumed in the effort to restore
harmony, public credit, commerce, and all the arts of peace and
progress. It is my firm conviction that the civilized world is tending
toward republicanism, or government by the people through their chosen
representatives, and that our own great Republic is destined to be the
guiding star to all others.
Under our Republic we support an army less than that of any European
power of any standing and a navy less than that of either of at least
five of them. There could be no extension of territory on the continent
which would call for an increase of this force, but rather might such
extension enable us to diminish it.
The theory of government changes with general progress. Now that the
telegraph is made available for communicating thought, together with
rapid transit by steam, all parts of a continent are made contiguous for
all purposes of government, and communication between the extreme limits
of the country made easier than it was throughout the old thirteen
States at the beginning of our national existence.
The effects of the late civil strife have been to free the slave and
make him a citizen. Yet he is not possessed of the civil rights which
citizenship should carry with it. This is wrong, and should be
corrected. To this correction I stand committed, so far as Executive
influence can avail.
Social equality is not a subject to be legislated upon, nor shall I ask
that anything be done to advance the social status of the colored man,
except to give him a fair chance to develop what there is good in him,
give him access to the schools, and when he travels let him feel assured
that his conduct will regulate the treatment and fare he will receive.
The States lately at war with the General Government are now happily
rehabilitated, and no Executive control is exercised in any one of them
that would not be exercised in any other State under like circumstances.