Whereas by the provisions of the said acts of Congress of January 7,

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.

A Compilation of the Messages and Papers of the Presidents. Volume 7, part 1: Ulysses S. Grant · 第 4 / 10 章