In contests of this nature, where a considerable body of people who have

attempted to free themselves of the control of the superior government

have reached such point in occupation of territory, in power, and in

general organization as to constitute in fact a body politic; having a

government in substance as well as in name; possessed of the elements

of stability and equipped with the machinery for the administration of

internal policy and the execution of its laws; prepared and able to

administer justice at home, as well as in its dealings with other

powers, it is within the province of those other powers to recognize its

existence as a new and independent nation. In such cases other nations

simply deal with an actually existing condition of things, and recognize

as one of the powers of the earth that body politic which, possessing

the necessary elements, has in fact become a new power. In a word, the

creation of a new state is a fact.

To establish the condition of things essential to the recognition of

this fact there must be a people occupying a known territory, united

under some known and defined form of government, acknowledged by those

subject thereto, in which the functions of government are administered

by usual methods, competent to mete out justice to citizens and

strangers, to afford remedies for public and for private wrongs, and

able to assume the correlative international obligations and capable of

performing the corresponding international duties resulting from its

acquisition of the rights of sovereignty. A power should exist complete

in its organization, ready to take and able to maintain its place among

the nations of the earth.

While conscious that the insurrection in Cuba has shown a strength and

endurance which make it at least doubtful whether it be in the power

of Spain to subdue it, it seems unquestionable that no such civil

organization exists which may be recognized as an independent government

capable of performing its international obligations and entitled to be

treated as one of the powers of the earth. A recognition under such

circumstances would be inconsistent with the facts, and would compel the

power granting it soon to support by force the government to which it

had really given its only claim of existence. In my judgment the United

States should adhere to the policy and the principles which have

heretofore been its sure and safe guides in like contests between

revolted colonies and their mother country, and, acting only upon the

clearest evidence, should avoid any possibility of suspicion or of

imputation.

A recognition of the independence of Cuba being, in my opinion,

impracticable and indefensible, the question which next presents itself

is that of the recognition of belligerent rights in the parties to the

contest. In a former message to Congress I had occasion to consider this

question, and reached the conclusion that the conflict in Cuba, dreadful

and devastating as were its incidents, did not rise to the fearful

dignity of war. Regarding it now, after this lapse of time, I am unable

to see that any notable success or any marked or real advance on the

part of the insurgents has essentially changed the character of the

contest. It has acquired greater age, but not greater or more formidable

proportions. It is possible that the acts of foreign powers, and even

acts of Spain herself, of this very nature, might be pointed to in

defense of such recognition. But now, as in its past-history, the United

States should carefully avoid the false lights which might lead it into

the mazes of doubtful law and of questionable propriety, and adhere

rigidly and sternly to the rule, which has been its guide, of doing only

that which is right and honest and of good report. The question of

according or of withholding rights of belligerency must be judged in

every case in view of the particular attending facts. Unless justified

by necessity, it is always, and justly, regarded as an unfriendly act

and a gratuitous demonstration of moral support to the rebellion. It is

necessary, and it is required, when the interests and rights of another

government or of its people are so far affected by a pending civil

conflict as to require a definition of its relations to the parties

thereto. But this conflict must be one which will be recognized in the

sense of international law as war. Belligerence, too, is a fact. The

mere existence of contending armed bodies and their occasional conflicts

do not constitute war in the sense referred to. Applying to the existing

condition of affairs in Cuba the tests recognized by publicists and

writers on international law, and which have been observed by nations

of dignity, honesty, and power when free from sensitive or selfish and

unworthy motives, I fail to find in the insurrection the existence of

such a substantial political organization, real, palpable, and manifest

to the world, having the forms and capable of the ordinary functions of

government coward its own people and to other states, with courts for

the administration of justice, with a local habitation, possessing such

organization of force, such material, such occupation of territory,

as to take the contest out of the category of a mere rebellious

insurrection or occasional skirmishes and place it on the terrible

footing of war, to which a recognition of belligerency would aim to

elevate it. The contest, moreover, is solely on land; the insurrection

has not possessed itself of a single seaport whence it may send forth

its flag, nor has it any means of communication with foreign powers

except through the military lines of its adversaries. No apprehension

of any of those sudden and difficult complications which a war upon

the ocean is apt to precipitate upon the vessels, both commercial and

national, and upon the consular officers of other powers calls for the

definition of their relations to the parties to the contest. Considered

as a question of expediency, I regard the accordance of belligerent

rights still to be as unwise and premature as I regard it to be, at

present, indefensible as a measure of right. Such recognition entails

upon the country according the rights which flow from it difficult

and complicated duties, and requires the exaction from the contending

parties of the strict observance of their rights and obligations;

it confers the right of search upon the high seas by vessels of both

parties; it would subject the carrying of arms and munitions of war,

which now may be transported freely and without interruption in the

vessels of the United States, to detention and to possible seizure;

it would give rise to countless vexatious questions, would release the

parent Government from responsibility for acts done by the insurgents,

and would invest Spain with the right to exercise the supervision

recognized by our treaty of 1795 over our commerce on the high seas,

a very large part of which, in its traffic between the Atlantic and

the Gulf States and between all of them and the States on the Pacific,

passes through the waters which wash the shores of Cuba. The exercise of

this supervision could scarce fail to lead, if not to abuses, certainly

to collisions perilous to the peaceful relations of the two States.

There can be little doubt to what result such supervision would before

long draw this nation. It would be unworthy of the United States to

inaugurate the possibilities of such result by measures of questionable

right or expediency or by any indirection. Apart from any question

of theoretical right, I am satisfied that while the accordance of

belligerent rights to the insurgents in Cuba might give them a hope and

an inducement to protract the struggle, it would be but a delusive hope,

and would not remove the evils which this Government and its people are

experiencing, but would draw the United States into complications which

it has waited long and already suffered much to avoid. The recognition

of independence or of belligerency being thus, in my judgment, equally

inadmissible, it remains to consider what course shall be adopted should

the conflict not soon be brought to an end by acts of the parties

themselves, and should the evils which result therefrom, affecting all

nations, and particularly the United States, continue. In such event

I am of opinion that other nations will be compelled to assume the

responsibility which devolves upon them, and to seriously consider the

only remaining measures possible--mediation and intervention. Owing,

perhaps, to the large expanse of water separating the island from the

peninsula, the want of harmony and of personal sympathy between the

inhabitants of the colony and those sent thither to rule them, and want

of adaptation of the ancient colonial system of Europe to the present

times and to the ideas which the events of the past century have

developed, the contending parties appear to have within themselves

no depository of common confidence to suggest wisdom when passion and

excitement have their sway and to assume the part of peacemaker. In this

view in the earlier days of the contest the good offices of the United

States as a mediator were tendered in good faith, without any selfish

purpose, in the interest of humanity and in sincere friendship for both

parties, but were at the time declined by Spain, with the declaration,

nevertheless, that at a future time they would be indispensable. No

intimation has been received that in the opinion of Spain that time has

been reached. And yet the strife continues, with all its dread horrors

and all its injuries to the interests of the United States and of other

nations. Each party seems quite capable of working great injury and

damage to the other, as well as to all the relations and interests

dependent on the existence of peace in the island; but they seem

incapable of reaching any adjustment, and both have thus far failed of

achieving any success whereby one party shall possess and control the

island to the exclusion of the other. Under these circumstances the

agency of others, either by mediation or by intervention, seems to be

the only alternative which must, sooner or later, be invoked for the

termination of the strife. At the same time, while thus impressed I do

not at this time recommend the adoption of any measure of intervention.

I shall be ready at all times, and as the equal friend of both parties,

to respond to a suggestion that the good offices of the United States

will be acceptable to aid in bringing about a peace honorable to both.

It is due to Spain, so far as this Government is concerned, that the

agency of a third power, to which I have adverted, shall be adopted only

as a last expedient. Had it been the desire of the United States to

interfere in the affairs of Cuba, repeated opportunities for so doing

have been presented within the last few years; but we have remained

passive, and have performed our whole duty and all international

obligations to Spain with friendship, fairness, and fidelity, and with

a spirit of patience and forbearance which negatives every possible

suggestion of desire to interfere or to add to the difficulties with

which she has been surrounded.

The Government of Spain has recently submitted to our minister at

Madrid certain proposals which it is hoped may be found to be the basis,

if not the actual submission, of terms to meet the requirements of the

particular griefs of which this Government has felt itself entitled to

complain. These proposals have not yet reached me in their full text.

On their arrival they will be taken into careful examination, and may,

I hope, lead to a satisfactory adjustment of the questions to which

they refer and remove the possibility of future occurrences such as

have given rise to our just complaints.

It is understood also that renewed efforts are being made to introduce

reforms in the internal administration of the island. Persuaded,

however, that a proper regard for the interests of the United States and

of its citizens entitles it to relief from the strain to which it has

been subjected by the difficulties of the questions and the wrongs and

losses which arise from the contest in Cuba, and that the interests of

humanity itself demand the cessation of the strife before the whole

island shall be laid waste and larger sacrifices of life be made, I

shall feel it my duty, should my hopes of a satisfactory adjustment and

of the early restoration of peace and the removal of future causes of

complaint be, unhappily, disappointed, to make a further communication

to Congress at some period not far remote, and during the present

session, recommending what may then seem to me to be necessary.

The free zone, so called, several years since established by the Mexican

Government in certain of the States of that Republic adjacent to our

frontier, remains in full operation. It has always been materially

injurious to honest traffic, for it operates as an incentive to traders

in Mexico to supply without customs charges the wants of inhabitants on

this side of the line, and prevents the same wants from being supplied

by merchants of the United States, thereby to a considerable extent

defrauding our revenue and checking honest commercial enterprise.

Depredations by armed bands from Mexico on the people of Texas near

the frontier continue. Though the main object of these incursions is

robbery, they frequently result in the murder of unarmed and peaceably

disposed persons, and in some instances even the United States

post-offices and mail communications have been attacked. Renewed

remonstrances upon this subject have been addressed to the Mexican

Government, but without much apparent effect. The military force of this

Government disposable for service in that quarter is quite inadequate to

effectually guard the line, even at those points where the incursions

are usually made. An experiment of an armed vessel on the Rio Grande for

that purpose is on trial, and it is hoped that, if not thwarted by the

shallowness of the river and other natural obstacles, it may materially

contribute to the protection of the herdsmen of Texas.

The proceedings of the joint commission under the convention between

the United States and Mexico of the 4th of July, 1868, on the subject of

claims, will soon be brought to a close. The result of those proceedings

will then be communicated to Congress.

I am happy to announce that the Government of Venezuela has, upon

further consideration, practically abandoned its objection to pay

to the United States that share of its revenue which some years

since it allotted toward the extinguishment of the claims of foreigners

generally. In thus reconsidering its determination that Government has

shown a just sense of self-respect which can not fail to reflect credit

upon it in the eyes of all disinterested persons elsewhere. It is to be

regretted, however, that its payments on account of claims of citizens

of the United States are still so meager in amount, and that the

stipulations of the treaty in regard to the sums to be paid and the

periods when those payments were to take place should have been so

signally disregarded.

Since my last annual message the exchange has been made of the

ratification of a treaty of commerce and navigation with Belgium, and

of conventions with the Mexican Republic for the further extension of

the joint commission respecting claims; with the Hawaiian Islands for

commercial reciprocity, and with the Ottoman Empire for extradition; all

of which have been duly proclaimed.

The Court of Commissioners of Alabama Claims has prosecuted its

important duties very assiduously and very satisfactorily. It convened

and was organized on the 22d day of July, 1874, and by the terms of the

act under which it was created was to exist for one year from that date.

The act provided, however, that should it be found impracticable to

complete the work of the court before the expiration of the year the

President might by proclamation extend the time of its duration to a

period not more than six months beyond the expiration of the one year.

Having received satisfactory evidence that it would be impracticable

to complete the work within the time originally fixed, I issued a

proclamation[97] (a copy of which is presented herewith) extending the

time of duration of the court for a period of six months from and after

the 22d day of July last.

A report made through the clerk of the court (communicated herewith)

shows the condition of the calendar on the 1st of November last and the

large amount of work which has been accomplished. One thousand three

hundred and eighty-two claims have been presented, of which 682 had been

disposed of at the date of the report. I am informed that 170 cases were

decided during the month of November. Arguments are being made and

decisions given in the remaining cases with all the dispatch consistent

with the proper consideration of the questions submitted. Many of these

claims are in behalf of mariners, or depend on the evidence of mariners,

whose absence has delayed the taking or the return of the necessary

evidence.

It is represented to me that it will be impracticable for the court to

finally dispose of all the cases before it within the present limit of

its duration. Justice to the parties claimant, who have been at large

expense in preparing their claims and obtaining the evidence in their

support, suggests a short extension, to enable the court to dispose of

all of the claims which have been presented.

I recommend the legislation which may be deemed proper to enable the

court to complete the work before it.

I recommend that some suitable provision be made, by the creation of

a special court or by conferring the necessary jurisdiction upon some

appropriate tribunal, for the consideration and determination of the

claims of aliens against the Government of the United States which have

arisen within some reasonable limitation of time, or which may hereafter

arise, excluding all claims barred by treaty provisions or otherwise. It

has been found impossible to give proper consideration to these claims

by the Executive Departments of the Government. Such a tribunal would

afford an opportunity to aliens other than British subjects to present

their claims on account of acts committed against their persons or

property during the rebellion, as also to those subjects of Great

Britain whose claims, having arisen subsequent to the 9th day of April,

1865, could not be presented to the late commission organized pursuant

to the provisions of the treaty of Washington.

The electric telegraph has become an essential and indispensable agent

in the transmission of business and social messages. Its operation on

land, and within the limit of particular states, is necessarily under

the control of the jurisdiction within which it operates. The lines on

the high seas, however, are not subject to the particular control of any

one government.

In 1869 a concession was granted by the French Government to a company

which proposed to lay a cable from the shores of France to the United

States. At that time there was a telegraphic connection between the

United States and the continent of Europe (through the possessions

of Great Britain at either end of the line), under the control of an

association which had, at large outlay of capital and at great risk,

demonstrated the practicability of maintaining such means of

communication. The cost of correspondence by this agency was great,

possibly not too large at the time for a proper remuneration for so

hazardous and so costly an enterprise. It was, however, a heavy charge

upon a means of communication which the progress in the social and

commercial intercourse of the world found to be a necessity, and the

obtaining of this French concession showed that other capital than that

already invested was ready to enter into competition, with assurance of

adequate return for their outlay. Impressed with the conviction that the

interests, not only of the people of the United States, but of the world

at large, demanded, or would demand, the multiplication of such means

of communication between separated continents, I was desirous that the

proposed connection should be made; but certain provisions of this

concession were deemed by me to be objectionable, particularly one

which gave for a long term of years the exclusive right of telegraphic

communication by submarine cable between the shores of France and the

United States. I could not concede that any power should claim the right

to land a cable on the shores of the United States and at the same time

deny to the United States, or to its citizens or grantees, an equal

right to land a cable on its shores. The right to control the conditions

for the laying of a cable within the jurisdictional waters of the United

States, to connect our shores with those of any foreign state, pertains

exclusively to the Government of the United States, under such

limitations and conditions as Congress may impose. In the absence of

legislation by Congress I was unwilling, on the one hand, to yield to

a foreign state the right to say that its grantees might land on our

shores while it denied a similar right to our people to land on its

shores, and, on the other hand, I was reluctant to deny to the great

interests of the world and of civilization the facilities of such

communication as were proposed. I therefore withheld any resistance

to the landing of the cable on condition that the offensive monopoly

feature of the concession be abandoned, and that the right of any cable

which may be established by authority of this Government to land upon

French territory and to connect with French land lines and enjoy all the

necessary facilities or privileges incident to the use thereof upon as

favorable terms as any other company be conceded. As the result thereof

the company in question renounced the exclusive privilege, and the

representative of France was informed that, understanding this

relinquishment to be construed as granting the entire reciprocity and

equal facilities which had been demanded, the opposition to the landing

of the cable was withdrawn. The cable, under this French concession,

was landed in the month of July, 1869, and has been an efficient and

valuable agent of communication between this country and the other

continent. It soon passed under the control, however, of those who

had the management of the cable connecting Great Britain with this

continent, and thus whatever benefit to the public might have ensued

from competition between the two lines was lost, leaving only the

greater facilities of an additional line and the additional security in

case of accident to one of them. But these increased facilities and this

additional security, together with the control of the combined capital

of the two companies, gave also greater power to prevent the future

construction of other lines and to limit the control of telegraphic

communication between the two continents to those possessing the lines

already laid. Within a few months past a cable has been laid, known as

the United States Direct Cable Company, connecting the United States

directly with Great Britain. As soon as this cable was reported to be

laid and in working order the rates of the then existing consolidated

companies were greatly reduced. Soon, however, a break was announced in

this new cable, and immediately the rates of the other line, which had

been reduced, were again raised. This cable being now repaired, the

rates appear not to be reduced by either line from those formerly

charged by the consolidated companies.

There is reason to believe that large amounts of capital, both at home

and abroad, are ready to seek profitable investment in the advancement

of this useful and most civilizing means of intercourse and

correspondence. They await, however, the assurance of the means and

conditions on which they may safely be made tributary to the general

good.

As these cable telegraph lines connect separate states, there are

questions as to their organization and control which probably can be

best, if not solely, settled by conventions between the respective

states. In the absence, however, of international conventions on the

subject, municipal legislation may secure many points which appear to me

important, if not indispensable for the protection of the public against

the extortions which may result from a monopoly of the right of

operating cable telegrams or from a combination between several lines:

I. No line should be allowed to land on the shores of the United States

under the concession from another power which does not admit the right

of any other line or lines, formed in the United States, to land and

freely connect with and operate through its land lines.

II. No line should be allowed to land on the shores of the United States

which is not, by treaty stipulation with the government from whose

shores it proceeds, or by prohibition in its charter, or otherwise to

the satisfaction of this Government, prohibited from consolidating or

amalgamating with any other cable telegraph line, or combining therewith

for the purpose of regulating and maintaining the cost of telegraphing.

III. All lines should be bound to give precedence in the transmission of

the official messages of the governments of the two countries between

which it may be laid.

IV. A power should be reserved to the two governments, either conjointly

or to each, as regards the messages dispatched from its shores, to fix a

limit to the charges to be demanded for the transmission of messages.

I present this subject to the earnest consideration of Congress.

In the meantime, and unless Congress otherwise direct, I shall not

oppose the landing of any telegraphic cable which complies with and

assents to the points above enumerated, but will feel it my duty to

prevent the landing of any which does not conform to the first and

second points as stated, and which will not stipulate to concede to this

Government the precedence in the transmission of its official messages

and will not enter into a satisfactory arrangement with regard to its

charges.

Among the pressing and important subjects to which, in my opinion,

the attention of Congress should be directed are those relating to

fraudulent naturalization and expatriation.

The United States, with great liberality, offers its citizenship

to all who in good faith comply with the requirements of law. These

requirements are as simple and upon as favorable terms to the emigrant

as the high privilege to which he is admitted can or should permit.

I do not propose any additional requirements to those which the law now

demands; but the very simplicity and the want of unnecessary formality

in our law have made fraudulent naturalization not infrequent, to

the discredit and injury of all honest citizens, whether native or

naturalized. Cases of this character are continually being brought to

the notice of the Government by our representatives abroad, and also

those of persons resident in other countries, most frequently those who,

if they have remained in this country long enough to entitle them to

become naturalized, have generally not much overpassed that period,

and have returned to the country of their origin, where they reside,

avoiding all duties to the United States by their absence, and claiming

to be exempt from all duties to the country of their nativity and of

their residence by reason of their alleged naturalization. It is due to

this Government itself and to the great mass of the naturalized citizens

who entirely, both in name and in fact, become citizens of the United

States that the high privilege of citizenship of the United States

should not be held by fraud or in derogation of the laws and of the good

name of every honest citizen. On many occasions it has been brought to

the knowledge of the Government that certificates of naturalization are

held and protection or interference claimed by parties who admit that

not only they were not within the United States at the time of the

pretended naturalization, but that they have never resided in the United

States; in others the certificate and record of the court show on their

face that the person claiming to be naturalized had not resided the

required time in the United States; in others it is admitted upon

examination that the requirements of law have not been complied with;

in some cases, even, such certificates have been matter of purchase.

These are not isolated cases, arising at rare intervals, but of common

occurrence, and which are reported from all quarters of the globe. Such

occurrences can not, and do not, fail to reflect upon the Government

and injure all honest citizens. Such a fraud being discovered, however,

there is no practicable means within the control of the Government

by which the record of naturalization can be vacated; and should the

certificate be taken up, as it usually is, by the diplomatic and

consular representatives of the Government to whom it may have been

presented, there is nothing to prevent the person claiming to have been

naturalized from obtaining a new certificate from the court in place of

that which has been taken from him.

The evil has become so great and of such frequent occurrence that I can

not too earnestly recommend that some effective measures be adopted to

provide a proper remedy and means for the vacating of any record thus

fraudulently made, and of punishing the guilty parties to the

transaction.

In this connection I refer also to the question of expatriation and the

election of nationality.

The United States was foremost in upholding the right of expatriation,

and was principally instrumental in overthrowing the doctrine of

perpetual allegiance. Congress has declared the right of expatriation

to be a natural and inherent right of all people; but while many other

nations have enacted laws providing what formalities shall be necessary

to work a change of allegiance, the United States has enacted no

provisions of law and has in no respect marked out how and when

expatriation may be accomplished by its citizens. Instances are brought

to the attention of the Government where citizens of the United States,

either naturalized or native born, have formally become citizens or

subjects of foreign powers, but who, nevertheless, in the absence

of any provisions of legislation on this question, when involved in

difficulties or when it seems to be their interest, claim to be citizens

of the United States and demand the intervention of a Government which

they have long since abandoned and to which for years they have rendered

no service nor held themselves in any way amenable.

In other cases naturalized citizens, immediately after

naturalization, have returned to their native country; have become

engaged in business; have accepted offices or pursuits inconsistent with

American citizenship, and evidence no intent to return to the United

States until called upon to discharge some duty to the country where

they are residing, when at once they assert their citizenship and call

upon the representatives of the Government to aid them in their unjust

pretensions. It is but justice to all _bona fide_ citizens that no doubt

should exist on such questions, and that Congress should determine by

enactment of law how expatriation may be accomplished and change of

citizenship be established.

I also invite your attention to the necessity of regulating by law the

status of American women who may marry foreigners, and of defining more

fully that of children born in a foreign country of American parents

who may reside abroad; and also of some further provision regulating

or giving legal effect to marriages of American citizens contracted in

foreign countries. The correspondence submitted herewith shows a few

of the constantly occurring questions on these points presented to the

consideration of the Government. There are few subjects to engage the

attention of Congress on which more delicate relations or more important

interests are dependent.

In the month of July last the building erected for the Department

of State was taken possession of and occupied by that Department.

I am happy to announce that the archives and valuable papers of the

Government in the custody of that Department are now safely deposited

and properly cared for.

The report of the Secretary of the Treasury shows the receipts

from customs for the fiscal year ending June 30, 1874, to have

been $163,103,833.69, and for the fiscal year ending June 30, 1875,

to have been $157,167,722.35, a decrease for the last fiscal year of

$5,936,111.34. Receipts from internal revenue for the year ending the

30th of June, 1874, were $102,409,784.90, and for the year ending June

30, 1875, $110,007,493.58; increase, $7,597,708.68.

The report also shows a complete history of the workings of the

Department for the last year, and contains recommendations for reforms

and for legislation which I concur in, but can not comment on so fully

as I should like to do if space would permit, but will confine myself

to a few suggestions which I look upon as vital to the best interests

of the whole people--coining within the purview of "Treasury;" I mean

specie resumption. Too much stress can not be laid upon this question,

and I hope Congress may be induced, at the earliest day practicable,

to insure the consummation of the act of the last Congress, at its

last session, to bring about specie resumption "on and after the 1st of

January, 1879," at furthest. It would be a great blessing if this could

be consummated even at an earlier day.

Nothing seems to me more certain than that a full, healthy, and

permanent reaction can not take place in favor of the industries and

financial welfare of the country until we return to a measure of values

recognized throughout the civilized world. While we use a currency not

equivalent to this standard the world's recognized standard, specie,

becomes a commodity like the products of the soil, the surplus seeking

a market wherever there is a demand for it.

Under our present system we should want none, nor would we have any,

were it not that customs dues must be paid in coin and because of the

pledge to pay interest on the public debt in coin. The yield of precious

metals would flow out for the purchase of foreign productions and leave

the United States "hewers of wood and drawers of water," because of

wiser legislation on the subject of finance by the nations with whom

we have dealings. I am not prepared to say that I can suggest the best

legislation to secure the end most heartily recommended. It will be a

source of great gratification to me to be able to approve any measure

of Congress looking effectively toward securing "resumption."

Unlimited inflation would probably bring about specie payments more

speedily than any legislation looking to redemption of the legal-tenders

in coin; but it would be at the expense of honor. The legal-tenders

would have no value beyond settling present liabilities, or, properly

speaking, repudiating them. They would buy nothing after debts were all

settled.

There are a few measures which seem to me important in this connection

and which I commend to your earnest consideration:

A repeal of so much of the legal-tender act as makes these notes

receivable for debts contracted after a date to be fixed in the act

itself, say not later than the 1st of January, 1877. We should then have

quotations at real values, not fictitious ones. Gold would no longer be

at a premium, but currency at a discount. A healthy reaction would set

in at once, and with it a desire to make the currency equal to what it

purports to be. The merchants, manufacturers, and tradesmen of every

calling could do business on a fair margin of profit, the money to be

received having an unvarying value. Laborers and all classes who work

for stipulated pay or salary would receive more for their income,

because extra profits would no longer be charged by the capitalists to

compensate for the risk of a downward fluctuation in the value of the

currency.

Second. That the Secretary of the Treasury be authorized to redeem, say,

not to exceed $2,000,000 monthly of legal-tender notes, by issuing in

their stead a long bond, bearing interest at the rate of 3.65 per cent

per annum, of denominations ranging from $50 up to $1,000 each. This

would in time reduce the legal-tender notes to a volume that could be

kept afloat without demanding redemption in large sums suddenly.

Third. That additional power be given to the Secretary of the Treasury

to accumulate gold for final redemption, either by increasing revenue,

curtailing expenses, or both (it is preferable to do both); and I

recommend that reduction of expenditures be made wherever it can be done

without impairing Government obligations or crippling the due execution

thereof. One measure for increasing the revenue--and the only one I

think of--is the restoration of the duty on tea and coffee. These duties

would add probably $18,000,000 to the present amount received from

imports, and would in no way increase the prices paid for those articles

by the consumers.

These articles are the products of countries collecting revenue from

exports, and as we, the largest consumers, reduce the duties they

proportionately increase them. With this addition to the revenue, many

duties now collected, and which give but an insignificant return for the

cost of collection, might be remitted, and to the direct advantage of

consumers at home.

I would mention those articles which enter into manufactures of all

sorts. All duty paid upon such articles goes directly to the cost of the

article when manufactured here, and must be paid for by the consumers.

These duties not only come from the consumers at home, but act as a

protection to foreign manufacturers of the same completed articles in

our own and distant markets.

I will suggest or mention another subject bearing upon the problem of

"how to enable the Secretary of the Treasury to accumulate balances."

It is to devise some better method of verifying claims against the

Government than at present exists through the Court of Claims,

especially those claims growing out of the late war. Nothing is more

certain than that a very large percentage of the amounts passed and

paid are either wholly fraudulent or are far in excess of the real

losses sustained. The large amount of losses proven--on good testimony

according to existing laws, by affidavits of fictitious or unscrupulous

persons--to have been sustained on small farms and plantations are not

only far beyond the possible yield of those places for any one year,

but, as everyone knows who has had experience in tilling the soil and

who has visited the scenes of these spoliations, are in many instances

more than the individual claimants were ever worth, including their

personal and real estate.

The report of the Attorney-General, which will be submitted to Congress

at an early day, will contain a detailed history of awards made and of

claims pending of the class here referred to.

The report of the Secretary of War, accompanying this message, gives a

detailed account of Army operations for the year just passed, expenses

for maintenance, etc., with recommendations for legislation to which I

respectfully invite your attention. To some of these I invite special

attention:

First. The necessity of making $300,000 of the appropriation for the

Subsistence Department available before the beginning of the next fiscal

year. Without this provision troops at points distant from supply

production must either go without food or existing laws must be

violated. It is not attended with cost to the Treasury.

Second. His recommendation for the enactment of a system of annuities

for the families of deceased officers by voluntary deductions from the

monthly pay of officers. This again is not attended with burden upon the

Treasury, and would for the future relieve much distress which every old

army officer has witnessed in the past--of officers dying suddenly or

being killed, leaving families without even the means of reaching their

friends, if fortunate enough to have friends to aid them.

Third. The repeal of the law abolishing mileage, and a return to the old

system.

Fourth. The trial with torpedoes under the Corps of Engineers, and

appropriation for the same. Should war ever occur between the United

States and any maritime power, torpedoes will be among if not the most

effective and cheapest auxiliary for the defense of harbors, and also in

aggressive operations, that we can have. Hence it is advisable to learn

by experiment their best construction and application, as well as

effect.

Fifth. A permanent organization for the Signal-Service Corps. This

service has now become a necessity of peace as well as war, under the

advancement made by the present able management.

Sixth. A renewal of the appropriation for compiling the official records

of the war, etc.

The condition of our Navy at this time is a subject of satisfaction.

It does not contain, it is true, any of the powerful cruising ironclads

which make so much of the maritime strength of some other nations, but

neither our continental situation nor our foreign policy requires that

we should have a large number of ships of this character, while this

situation and the nature of our ports combine to make those of other

nations little dangerous to us under any circumstances.

Our Navy does contain, however, a considerable number of ironclads of

the monitor class, which, though not properly cruisers, are powerful and

effective for harbor defense and for operations near our own shores.

Of these all the single-turreted ones, fifteen in number, have been

substantially rebuilt, their rotten wooden beams replaced with iron,

their hulls strengthened, and their engines and machinery thoroughly

repaired, so that they are now in the most efficient condition and ready

for sea as soon as they can be manned and put in commission.

The five double-turreted ironclads belonging to our Navy, by far the

most powerful of our ships for fighting purposes, are also in hand

undergoing complete repairs, and could be ready for sea in periods

varying from four to six months. With these completed according to the

present design and our two iron torpedo boats now ready, our ironclad

fleet will be, for the purposes of defense at home, equal to any force

that can readily be brought against it.

Of our wooden navy also cruisers of various sizes, to the number of

about forty, including those now in commission, are in the Atlantic, and

could be ready for duty as fast as men could be enlisted for those not

already in commission. Of these, one-third are in effect new ships, and

though some of the remainder need considerable repairs to their boilers

and machinery, they all are, or can readily be made, effective.

This constitutes a fleet of more than fifty war ships, of which fifteen

are ironclad, now in hand on the Atlantic coast. The Navy has been

brought to this condition by a judicious and practical application of

what could be spared from the current appropriations of the last few

years and from that made to meet the possible emergency of two years

ago. It has been done quietly, without proclamation or display, and

though it has necessarily straitened the Department in its ordinary

expenditure, and, as far as the ironclads are concerned, has added

nothing to the cruising force of the Navy, yet the result is not the

less satisfactory because it is to be found in a great increase of real

rather than apparent force. The expenses incurred in the maintenance of

an effective naval force in all its branches are necessarily large, but

such force is essential to our position, relations, and character, and

affects seriously the weight of our principles and policy throughout the

whole sphere of national responsibilities.

The estimates for the regular support of this branch of the service for

the next year amount to a little less in the aggregate than those made

for the current year; but some additional appropriations are asked for

objects not included in the ordinary maintenance of the Navy, but

believed to be of pressing importance at this time. It would, in my

opinion, be wise at once to afford sufficient means for the immediate

completion of the five double-turreted monitors now undergoing repairs,

which must otherwise advance slowly, and only as money can be spared

from current expenses. Supplemented by these, our Navy, armed with the

destructive weapons of modern warfare, manned by our seamen, and in

charge of our instructed officers, will present a force powerful for

the home purposes of a responsible though peaceful nation.

The report of the Postmaster-General herewith transmitted gives a full

history of the workings of the Department for the year just past. It

will be observed that the deficiency to be supplied from the General

Treasury is increased over the amount required for the preceding year.

In a country so vast in area as the United States, with large portions

sparsely settled, it must be expected that this important service will

be more or less a burden upon the Treasury for many years to come. But

there is no branch of the public service which interests the whole

people more than that of cheap and rapid transmission of the mails to

every inhabited part of our territory. Next to the free school, the

post-office is the great educator of the people, and it may well receive

the support of the General Government.

The subsidy of $150,000 per annum given to vessels of the United States

for carrying the mails between New York and Rio de Janeiro having ceased

on the 30th day of September last, we are without direct mail facilities

with the South American States. This is greatly to be regretted, and

I do not hesitate to recommend the authorization of a renewal of that

contract, and also that the service may be increased from monthly to

semi-monthly trips. The commercial advantages to be gained by a direct

line of American steamers to the South American States will far outweigh

the expense of the service.

By act of Congress approved March 3, 1875, almost all matter, whether

properly mail matter or not, may be sent any distance through the mails,

in packages not exceeding 4 pounds in weight, for the sum of 16 cents

per pound. So far as the transmission of real mail matter goes, this

would seem entirely proper; but I suggest that the law be so amended as

to exclude from the mails merchandise of all descriptions, and limit

this transportation to articles enumerated, and which may be classed as

mail matter proper.

The discovery of gold in the Black Hills, a portion of the Sioux

Reservation, has had the effect to induce a large emigration of miners

to that point. Thus far the effort to protect the treaty rights of the

Indians to that section has been successful, but the next year will

certainly witness a large increase of such emigration. The negotiations

for the relinquishment of the gold fields having failed, it will be

necessary for Congress to adopt some measures to relieve the

embarrassment growing out of the causes named. The Secretary of the

Interior suggests that the supplies now appropriated for the sustenance

of that people, being no longer obligatory under the treaty of 1868, but

simply a gratuity, may be issued or withheld at his discretion.

The condition of the Indian Territory, to which I have referred in

several of my former annual messages, remains practically unchanged.

The Secretary of the Interior has taken measures to obtain a full report

of the condition of that Territory, and will make it the subject of a

special report at an early day. It may then be necessary to make some

further recommendation in regard to legislation for the government of

that Territory.

The steady growth and increase of the business of the Patent Office

indicates in some measure the progress of the industrial activity of the

country. The receipts of the office are in excess of its expenditures,

and the office generally is in a prosperous and satisfactory condition.

The report of the General Land Office shows that there were 2,459,601

acres less disposed of during this than during the last year. More than

one-half of this decrease was in lands disposed of under the homestead

and timber-culture laws. The cause of this decrease is supposed to be

found in the grasshopper scourge and the droughts which prevailed so

extensively in some of the frontier States and Territories during that

time as to discourage and deter entries by actual settlers. The cash

receipts were less by $690,322.23 than during the preceding year.

The entire surveyed area of the public domain is 680,253,094 acres, of

which 26,077,531 acres were surveyed during the past year, leaving

1,154,471,762 acres still unsurveyed.

The report of the Commissioner presents many interesting suggestions in

regard to the management and disposition of the public domain and the

modification of existing laws, the apparent importance of which should

insure for them the careful consideration of Congress.

The number of pensioners still continues to decrease, the highest number

having been reached during the year ending June 30, 1873. During the

last year 11,557 names were added to the rolls, and 12,977 were dropped

therefrom, showing a net decrease of 1,420. But while the number of

pensioners has decreased, the annual amount due on the pension rolls has

increased $44,733.13. This is caused by the greatly increased average

rate of pensions, which, by the liberal legislation of Congress, has

increased from $90.26 in 1872 to $103.91 in 1875 to each invalid

pensioner, an increase in the average rate of 15 per cent in the three

years. During the year ending June 30, 1875, there was paid on account

of pensions, including the expenses of disbursement, $29,683,116, being

$910,632 less than was paid the preceding year. This reduction in amount

of expenditures was produced by the decrease in the amount of arrearages

due on allowed claims and on pensions the rate of which was increased by

the legislation of the preceding session of Congress. At the close of

the last fiscal year there were on the pension rolls 234,821 persons, of

whom 210,363 were army pensioners, 105,478 being invalids and 104,885

widows and dependent relatives; 3,420 were navy pensioners, of whom

1,636 were invalids and 1,784 widows and dependent relatives; 21,038

were pensioners of the War of 1812, 15,875 of whom were survivors and

5,163 were widows.

It is estimated that $29,535,000 will be required for the payment of

pensions for the next fiscal year, an amount $965,000 less than the

estimate for the present year.

The geological explorations have been prosecuted with energy during the

year, covering an area of about 40,000 square miles in the Territories

of Colorado, Utah, and New Mexico, developing the agricultural and

mineral resources and furnishing interesting scientific and

topographical details of that region.

The method for the treatment of the Indians adopted at the beginning

of my first term has been steadily pursued, and with satisfactory and

encouraging results. It has been productive of evident improvement in

the condition of that race, and will be continued, with only such

modifications as further experience may indicate to be necessary.

The board heretofore appointed to take charge of the articles and

materials pertaining to the War, the Navy, the Treasury, the Interior,

and the Post-Office Departments, and the Department of Agriculture,

the Smithsonian Institution, and the Commission of Food Fishes, to be

contributed, under the legislation of last session, to the international

exhibition to be held at Philadelphia during the centennial year 1876,

has been diligent in the discharge of the duties which have devolved

upon it; and the preparations so far made with the means at command

give assurance that the governmental contribution will be made one of

the marked characteristics of the exhibition. The board has observed

commendable economy in the matter of the erection of a building for

the governmental exhibit, the expense of which it is estimated will not

exceed, say, $80,000. This amount has been withdrawn, under the law,

from the appropriations of five of the principal Departments, which

leaves some of those Departments without sufficient means to render

their respective practical exhibits complete and satisfactory. The

exhibition being an international one, and the Government being a

voluntary contributor, it is my opinion that its contribution should be

of a character, in quality and extent, to sustain the dignity and credit

of so distinguished a contributor. The advantages to the country of a

creditable display are, in an international point of view, of the first

importance, while an indifferent or uncreditable participation by the

Government would be humiliating to the patriotic feelings of our people

themselves. I commend the estimates of the board for the necessary

additional appropriations to the favorable consideration of Congress.

The powers of Europe almost without exception, many of the South

American States, and even the more distant Eastern powers have

manifested their friendly sentiments toward the United States and the

interest of the world in our progress by taking steps to join with us

in celebrating the centennial of the nation, and I strongly recommend

that a more national importance be given to this exhibition by such

legislation and by such appropriation as will insure its success. Its

value in bringing to our shores innumerable useful works of art and

skill, the commingling of the citizens of foreign countries and our

own, and the interchange of ideas and manufactures will far exceed any

pecuniary outlay we may make.

I transmit herewith the report of the Commissioner of Agriculture,

together with the reports of the Commissioners, the board of audit,

and the board of health of the District of Columbia, to all of which

I invite your attention.

The Bureau of Agriculture has accomplished much in disseminating useful

knowledge to the agriculturist, and also in introducing new and useful

productions adapted to our soil and climate, and is worthy of the

continued encouragement of the Government.

The report of the Commissioner of Education, which accompanies the

report of the Secretary of the Interior, shows a gratifying progress in

educational matters.

In nearly every annual message that I have had the honor of transmitting

to Congress I have called attention to the anomalous, not to say

scandalous, condition of affairs existing in the Territory of Utah, and

have asked for definite legislation to correct it. That polygamy should

exist in a free, enlightened, and Christian country, without the power

to punish so flagrant a crime against decency and morality, seems

preposterous. True, there is no law to sustain this unnatural vice; but

what is needed is a law to punish it as a crime, and at the same time to

fix the status of the innocent children, the offspring of this system,

and of the possibly innocent plural wives. But as an institution

polygamy should be banished from the land.

While this is being done I invite the attention of Congress to another,

though perhaps no less an evil--the importation of Chinese women, but

few of whom are brought to our shores to pursue honorable or useful

occupations.

Observations while visiting the Territories of Wyoming, Utah, and

Colorado during the past autumn convinced me that existing laws

regulating the disposition of public lands, timber, etc., and probably

the mining laws themselves, are very defective and should be carefully

amended, and at an early day. Territory where cultivation of the soil

can only be followed by irrigation, and where irrigation is not

practicable the lands can only be used as pasturage, and this only where

stock can reach water (to quench its thirst), can not be governed by the

same laws as to entries as lands every acre of which is an independent

estate by itself.

Land must be held in larger quantities to justify the expense of

conducting water upon it to make it fruitful, or to justify utilizing

it as pasturage. The timber in most of the Territories is principally

confined to the mountain regions, which are held for entry in small

quantities only, and as mineral lands. The timber is the property of the

United States, for the disposal of which there is now no adequate law.

The settler must become a consumer of this timber, whether he lives upon

the plain or engages in working the mines. Hence every man becomes

either a trespasser himself or knowingly a patron of trespassers.

My opportunities for observation were not sufficient to justify me in

recommending specific legislation on these subjects, but I do recommend

that a joint committee of the two Houses of Congress, sufficiently large

to be divided into subcommittees, be organized to visit all the mining

States and Territories during the coming summer, and that the committee

shall report to Congress at the next session such laws or amendments

to laws as it may deem necessary to secure the best interests of the

Government and the people of these Territories, who are doing so much

for their development.

I am sure the citizens occupying the territory described do not wish to

be trespassers, nor will they be if legal ways are provided for them to

become owners of these actual necessities of their position.

As this will be the last annual message which I shall have the honor of

transmitting to Congress before my successor is chosen, I will repeat or

recapitulate the questions which I deem of vital importance which may be

legislated upon and settled at this session:

First. That the States shall be required to afford the opportunity of a

good common-school education to every child within their limits.

Second. No sectarian tenets shall ever be taught in any school supported

in whole or in part by the State, nation, or by the proceeds of any tax

levied upon any community. Make education compulsory so far as to

deprive all persons who can not read and write from becoming voters

after the year 1890, disfranchising none, however, on grounds of

illiteracy who may be voters at the time this amendment takes effect.

Third. Declare church and state forever separate and distinct, but each

free within their proper spheres; and that all church property shall

bear its own proportion of taxation.

Fourth. Drive out licensed immorality, such as polygamy and the

importation of women for illegitimate purposes. To recur again to the

centennial year, it would seem as though now, as we are about to begin

the second century of our national existence, would be a most fitting

time for these reforms.

Fifth. Enact such laws as will insure a speedy return to a sound

currency, such as will command the respect of the world.

Believing that these views will commend themselves to the great

majority of the right-thinking and patriotic citizens of the United

States, I submit the rest to Congress.

U.S. GRANT.

[Footnote 97: See pp. 324-325.]

SPECIAL MESSAGES.

EXECUTIVE MANSION, _January 6, 1876_.

_To the Senate of the United States_:

In reply to the resolution of the Senate of the 27th of February last,

requesting the President to institute inquiries as to the proper place

for the establishment of a branch mint at some point in the Western

States or in the Mississippi Valley, I transmit herewith the report, and

accompanying papers, of the Director of the Mint, who was charged with

the duty of making the inquiries called for by said resolution.

U.S. GRANT.

WASHINGTON, _January 21, 1876_.

_To the House of Representatives_:

I transmit to the House of Representatives, in answer to their

resolution of the 17th instant, a report from the Secretary of State,

with accompanying documents.[98]

U.S. GRANT.

[Footnote 98: Correspondence with Spain relative to Cuba.]

WASHINGTON, _January 25, 1876_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 22d

of January instant, I herewith transmit a report[99] from the Secretary

of State.

U.S. GRANT.

[Footnote 99: Stating that no correspondence had taken place during the

year 1875 with any European Government other than Spain relative to

Cuba.]

EXECUTIVE MANSION, _February 3, 1876_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 19th of January

instant, requesting the examination, with a view to ascertaining their

suitableness for the purposes of a mint, of the building and grounds

situated in Columbus, Ohio, known as the "Capital University," and

proposed to be donated to the United States by F. Michel, of said city,

I have the honor to transmit herewith the report of the Director of the

Mint, accompanied by a diagram of the building and lot.

U.S. GRANT.

EXECUTIVE MANSION, _February, 1876_.

_To the House of Representatives_:

In answer to the resolution of the 6th of January of the House of

Representatives, requesting to be informed "of the number of Indian

agents, regular and special, clerks, and other employees in the Indian

service, except those on duty in the office of the Secretary of the

Interior, and the amounts paid to each as salaries and expenses," I have

the honor to transmit herewith a copy of a report, dated the 31st

ultimo, from the Commissioner of Indian Affairs, together with the

statements therein referred to.

U.S. GRANT.

WASHINGTON, _February 8, 1876_.

_To the Senate of the United States_:

I transmit to the Senate, in answer to the resolution[100] of that body

of the 18th ultimo, a report from the Secretary of State, with

accompanying papers.

U.S. GRANT.

[Footnote 100: Calling for correspondence with any government or its

representatives relative to the centennial celebration to be held in

Philadelphia.]

EXECUTIVE MANSION, _February 28, 1876_.

_To the Senate and House of Representatives_:

I lay before you herewith a communication from the Secretary of the

Interior, of date 26th instant, upon the subject of the deficiency of

supplies at the Red Cloud Agency, Nebr.

This matter has already been presented to you by the Secretary, and the

House of Representatives has requested an investigation by a military

officer of the cause of this deficiency. I have taken proper steps to

comply with this request of the House, but the present need of supplies

is not disputed. A prolonged delay in furnishing provisions to these

Indians will cause great distress and be likely to provoke raids on

white settlements, and possibly lead to general outbreak and

hostilities.

I therefore deem it proper to invite your attention to the importance of

early and favorable action upon the estimates heretofore and herewith

submitted.

These estimates and the views of the Secretary in regard to this

emergency meet with my full concurrence, and I recommend that the

appropriations asked for be made at the earliest day practicable.

U.S. GRANT.

WASHINGTON, _March 3, 1876_.

_To the House of Representatives_:

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

21st ultimo, I transmit herewith a report from the Secretary of State,

and accompanying papers,[101] together with a report from the Secretary

of the Treasury.

U.S. GRANT.

[Footnote 101: Correspondence relative to the mode of transferring to the

United States the Alabama indemnity of $15,500,000, and correspondence

and papers showing the payment of the indemnity, the form of receipt

given therefor, and the disposition of the indemnity.]

EXECUTIVE MANSION, _March 6, 1876_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 7th of January last,

requesting a "statement of the number of military arrests made in the

Territory of Alaska during the past five years, together with the date

of each, the charge on which made in each case, the names of the persons

arrested, and the period and character of the imprisonment of each in

that Territory before trial or surrender to the civil authorities for

trial," I have the honor to submit herewith the report of the Acting

Secretary of War.

U.S. GRANT.

WASHINGTON, _March 10, 1876_.

_To the Senate of the United States_:

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

a metric convention between the United States and certain foreign

governments, signed at Paris on the 20th of May, 1875, by Mr. E.B.

Washburne, the minister of the United States at that capital, acting on

behalf of this Government, and by the representatives acting on behalf

of the foreign powers therein mentioned.

A copy of certain papers on the subject, mentioned in the subjoined

list, is also transmitted for the information of the Senate.

U.S. GRANT.

WASHINGTON, _March 22, 1876_.

_To the House of Representatives_:

In answer to a resolution[102] of the House of Representatives of the 23d

of February ultimo, I transmit herewith a report of the Secretary of State

and the papers which accompany it.

U.S. GRANT.

[Footnote 102: Calling for information or facts relative to the charges

against George F. Seward, United States minister to China.]

EXECUTIVE MANSION, _March 23, 1876_.

_To the House of Representatives_:

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

3d of February last, requesting the President "to require a competent,

experienced military officer of the United States to execute the duties

of an Indian agent so far as to repair to the Red Cloud Agency, and, in

his discretion, other Sioux agencies, with instructions to inquire into

the causes of" the exhaustion of the appropriation for the subsistence

and support of the Sioux Indians for the present fiscal year; "as also

his opinion as to whether any further and what amount should be

appropriated for the subsistence and support of said Indians for the

remainder of the current fiscal year," I have the honor to transmit

herewith the report of Lieutenant-Colonel Merritt, of the Ninth Cavalry,

who was charged by the Secretary of War with the duty of making the

inquiries called for by said resolution.

U.S. GRANT.

EXECUTIVE MANSION, _March 24, 1876_.

_To the Senate of the United States_:

In further answer to the resolution of the Senate of the 7th of January

last, requesting to be furnished "with a statement of the number of

military arrests made in the Territory of Alaska during the past five

years, together with the date of each, the charge on which made in each

case, the names of the persons arrested, and the period and character of

the imprisonment of each in that Territory before trial or surrender to

the civil authorities for trial," I have the honor to transmit herewith

the report of the Secretary of War.

U.S. GRANT.

EXECUTIVE MANSION, _March 27, 1876_.

_To the House of Representatives_:

In further answer to the resolution of the House of the 6th of January

last, with regard to certain expenditures and employees in the Indian

service, except those on duty in the office of the Secretary of the

Interior, etc., I have the honor to transmit to you a supplementary

report received from the Secretary of the Interior, respecting and

explaining a clerical error to be found in that portion of the statement

of the Interior Department which relates to the expenditures of the

Board of Indian Commissioners, and to ask its consideration in

connection with the papers which accompanied my message of the 3d of

February last.

U.S. GRANT.

EXECUTIVE MANSION, _March 27, 1876_.

_To the House of Representatives_:

I have the honor to transmit herewith a communication received from

the chairman of the board on behalf of the United States Executive

Departments, containing in detail the operations of the board and

setting forth the present embarrassments under which it is now laboring

in the endeavor to conduct the participation of the Government in the

Centennial Exhibition, and showing very clearly the necessity of

additional funds to carry out the undertaking in a creditable manner.

U.S. GRANT.

EXECUTIVE MANSION, _April 3, 1876_.

_To the House of Representatives_:

I have the honor to transmit herewith, for your information, a

communication from the Secretary of the Interior of this date, upon the

urgent necessities of the Pawnee Indians.

This tribe has recently been removed to the Indian Territory, and is

without means of subsistence except as supplied by the Government. Its

members have evinced a disposition to become self-supporting, and it

is believed that only temporary aid will be required by them. The sums

advanced by the United States for this purpose it is expected will be

refunded from the proceeds of the sale of the Pawnee Reservation in

Nebraska.

The present destitute condition of these Indians would seem to call

for immediate relief, and I recommend the subject to your early and

favorable consideration.

U.S. GRANT.

EXECUTIVE MANSION, _April 6, 1876_.

_To the Senate of the United States_:

In further answer to the resolution of the Senate of the 7th of January

last (partial answers having been transmitted on the 6th and 24th

ultimo), calling for a statement of "the number of military arrests in

the Territory of Alaska during the past five years," etc., I have the

honor to submit herewith a report, with accompanying papers, received

from the Secretary of War.

U.S. GRANT.

EXECUTIVE MANSION, _April 19, 1876_.

_To the Senate and House of Representatives_:

I have the honor to transmit herewith to Congress the final report

of the board of audit constituted by section 6 of the "act for the

government of the District of Columbia, and for other purposes,"

approved June 20, 1874, and abolished by the joint resolution approved

March 14, 1876, and to call your attention to the statements therein

presented.

U.S. GRANT.

WASHINGTON, _May 1, 1876_.

_To the Senate_:

I transmit herewith, for the information of Congress, a report of

the president of the Centennial Commission upon the ceremonies to be

observed at the opening of the exhibition on the 10th instant. It will

be observed that an invitation is therein extended to Senators and

Representatives to be present on that occasion.

U.S. GRANT.

[The same message was sent to the House of Representatives.]

WASHINGTON, _May 1, 1876_.

_To the Senate_:

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

its ratification by that body, a treaty between the United States and

Mexico, concluded on the 29th ultimo.

U.S. GRANT.

WASHINGTON, _May 1, 1876_.

_To the House of Representatives_:

I transmit herewith, in answer to the resolution of the House of

Representatives of 15th March last, a report[103] from the

Secretary of State and accompanying papers.

U.S. GRANT.

[Footnote 103: Explanatory of the object, intent, and character of the

power conferred upon A. B. Steinberger, special agent to the Samoan or

Navigators Islands, and transmitting correspondence relative to the

object, operation, and result of his agency.]

WASHINGTON, _May 4, 1876_.

_To the House of Representatives_:

I have given very attentive consideration to a resolution of the House

of Representatives passed on the 3d of April, requesting the President

of the United States to inform the House whether any executive offices

acts, or duties, and, if any, what, have within a specified period been

performed at a distance from the seat of Government established by law,

etc.

I have never hesitated and shall not hesitate to communicate to

Congress, and to either branch thereof, all the information which the

Constitution makes it the duty of the President to give, or which my

judgment may suggest to me or a request from either House may indicate

to me will be useful in the discharge of the appropriate duties confided

to them. I fail, however, to find in the Constitution of the United

States the authority given to the House of Representatives (one branch

of the Congress, in which is vested the legislative power of the

Government) to require of the Executive, an independent branch of the

Government, coordinate with the Senate and House of Representatives,

an account of his discharge of his appropriate and purely executive

offices, acts, and duties, either as to when, where, or how performed.

What the House of Representatives may require as a right in its demand

upon the Executive for information is limited to what is necessary for

the proper discharge of its powers of legislation or of impeachment.

The inquiry in the resolution of the House as to where executive acts

have within the last seven years been performed and at what distance

from any particular spot or for how long a period at any one time, etc.,

does not necessarily belong to the province of legislation. It does not

profess to be asked for that object.

If this information be sought through an inquiry of the President as to

his executive acts in view or in aid of the power of impeachment vested

in the House, it is asked in derogation of an inherent natural right,

recognized in this country by a constitutional guaranty which protects

every citizen, the President as well as the humblest in the land, from

being made a witness against himself.

During the time that I have had the honor to occupy the position of

President of this Government it has been, and while I continue to occupy

that position it will continue to be, my earnest endeavor to recognize

and to respect the several trusts and duties and powers of the

coordinate branches of the Government, not encroaching upon them nor

allowing encroachments upon the proper powers of the office which the

people of the United States have confided to me, but aiming to preserve

in their proper relations the several powers and functions of each of

the coordinate branches of the Government, agreeably to the Constitution

and in accordance with the solemn oath which I have taken to "preserve,

protect, and defend" that instrument.

In maintenance of the rights secured by the Constitution to the

executive branch of the Government I am compelled to decline any

specific or detailed answer to the request of the House for information

as to "any executive offices, acts, or duties, and, if any, what, have

been performed at a distance from the seat of Government established by

law, and for how long a period at any one time and in what part of the

United States."

If, however, the House of Representatives desires to know whether during

the period of upward of seven years during which I have held the office

of President of the United States I have been absent from the seat of

Government, and whether during that period I have performed or have

neglected to perform the duties of my office, I freely inform the House

that from the time of my entrance upon my office I have been in the

habit, as were all of my predecessors (with the exception of one, who

lived only one month after assuming the duties of his office, and one

whose continued presence in Washington was necessary from the existence

at the time of a powerful rebellion), of absenting myself at times from

the seat of Government, and that during such absences I did not neglect

or forego the obligations or the duties of my office, but continued to

discharge all of the executive offices, acts, and duties which were

required of me as the President of the United States. I am not aware

that a failure occurred in any one instance of my exercising the

functions and powers of my office in every case requiring their

discharge, or of my exercising all necessary executive acts, in whatever

part of the United States I may at the time have been. Fortunately, the

rapidity of travel and of mail communication and the facility of almost

instantaneous correspondence with the offices at the seat of Government,

which the telegraph affords to the President in whatever section of the

Union he may be, enable him in these days to maintain as constant and

almost as quick intercourse with the Departments at Washington as may be

maintained while he remains at the capital.

The necessity of the performance of executive acts by the President of

the United States exists and is devolved upon him, wherever he may be

within the United States, during his term of office by the Constitution

of the United States.

His civil powers are no more limited or capable of limitation as to the

place where they shall be exercised than are those which he might be

required to discharge in his capacity of Commander in Chief of the Army

and Navy, which latter powers it is evident he might be called upon to

exercise, possibly, even without the limits of the United States. Had

the efforts of those recently in rebellion against the Government been

successful in driving a late President of the United States from

Washington, it is manifest that he must have discharged his functions,

both civil and military, elsewhere than in the place named by law as the

seat of Government.

No act of Congress can limit, suspend, or confine this constitutional

duty. I am not aware of the existence of any act of Congress which

assumes thus to limit or restrict the exercise of the functions of the

Executive. Were there such acts, I should nevertheless recognize the

superior authority of the Constitution, and should exercise the powers

required thereby of the President.

The act to which reference is made in the resolution of the House

relates to the establishing of the seat of Government and the providing

of suitable buildings and removal thereto of the offices attached to the

Government, etc. It was not understood at its date and by General

Washington to confine the President in the discharge of his duties and

powers to actual presence at the seat of Government. On the 30th of

March, 1791, shortly after the passage of the act referred to, General

Washington issued an Executive proclamation having reference to the

subject of this very act from Georgetown, a place remote from

Philadelphia, which then was the seat of Government, where the act

referred to directed that "all offices attached to the seat of

Government" should for the time remain.

That none of his successors have entertained the idea that their

executive offices could be performed only at the seat of Government is

evidenced by the hundreds upon hundreds of such acts performed by my

predecessors in unbroken line from Washington to Lincoln, a memorandum

of the general nature and character of some of which acts is submitted

herewith; and no question has ever been raised as to the validity of

those acts or as to the right and propriety of the Executive to exercise

the powers of his office in any part of the United States.

U.S. GRANT.

_Memorandum of absences of the Presidents of the United States from the

national capital during each of the several Administrations, and of

public and executive acts performed during the time of such absences_.

President Washington was frequently absent from the capital; he appears

to have been thus absent at least one hundred and eighty-one days during

his term.

During his several absences he discharged official and executive duties;

among them--

In March, 1791, he issued a proclamation, dated at Georgetown, in

reference to running the boundary for the territory of the permanent

seat of the Government.

From Mount Vernon he signed an official letter to the Emperor of

Morocco, and from the same place the commission of Oliver Wolcott as

Comptroller of the Treasury and the proclamation respecting the whisky

insurrection in Pennsylvania; also various sea letters, the proclamation

of the treaty of 1795 between the United States and Spain, the Executive

order of August 4, 1792, relative to the duties on distilled spirits,

etc.

When at Germantown he signed the commission of John Breckenridge as

attorney of the United States for Kentucky, and that of engineer of the

United States Mint.

He proposed to have Mr. Yrujo officially presented, as envoy

extraordinary and minister plenipotentiary from Spain, to him at Mount

Vernon; but although Mr. Yrujo went there for the purpose, the ceremony

of presentation was prevented by Mr. Yrujo's having accidentally left

his credentials.

President John Adams was absent from the capital during his term of

four years, on various occasions, three hundred and eighty-five days.

He discharged official duties and performed the most solemn public acts

at Quincy in the same manner as when at the seat of Government. In 1797

(August 25) he forwarded to the Secretary of State a number of passports

which he had signed at Quincy. He issued at Quincy commissions to

numerous officers of various grades, civil and military. On the 28th of

September, 1797, he forwarded to the Secretary of State a commission for

a justice of the Supreme Court, signed in blank at Quincy, instructing

the Secretary to fill it with the name of John Marshall if he would

accept, and, if not, Bushrod Washington. He issued a proclamation

opening trade with certain ports of St. Domingo, and signed warrants

for the execution of two soldiers and for a pardon.

President Jefferson was absent from the seat of Government during

his two terms of office seven hundred and ninety-six days, more than

one-fourth of the whole official period. During his absence he signed

and issued from Monticello seventy-five commissions, one letter to the

Emperor of Russia, and nine letters of credence to diplomatic agents of

the United States accredited to other governments.

President Madison was absent from the seat of Government during his two

Presidential terms six hundred and thirty-seven days. He signed and

issued from Montpelier during his absence from the capital seventy-one

commissions, one proclamation, and nine letters of credence to

ministers, accrediting them to foreign governments, and, as it appears,

transacted generally all the necessary routine business incident to the

Executive office.

President Monroe was absent from the capital during his Presidential

service of eight years seven hundred and eight days, independent of

the year 1824 and the two months of 1825, for which period no data

are found. He transacted public business wherever he happened to be,

sometimes at his farm in Virginia, again at his summer resort on the

Chesapeake, and sometimes while traveling. He signed and issued from

these several places, away from the capital, numerous commissions to

civil officers of the Government, exequaturs to foreign consuls, letters

of credence, two letters to sovereigns, and thirty-seven pardons.

President John Q. Adams was absent from the capital during his

Presidential term of four years two hundred and twenty-two days. During

such absence he performed official and public acts, signing and issuing

commissions, exequaturs, pardons, proclamations, etc. Referring to his

absence in August and September, 1827, Mr. Adams, in his memoirs, volume

8, page 75, says: "I left with him [the chief clerk] some blank

signatures, to be used when necessary for proclamations, remission of

penalties, and commissions of consuls, taking of him a receipt for the

number and kind of blanks left with him, with directions to return to me

when I came back all the signed blanks remaining unused and to keep and

give me an account of all those that shall have been disposed of. This

has been my constant practice with respect to signed blanks of this

description. I do the same with regard to patents and land grants."

President Jackson was absent from the capital during his Presidential

service of eight years five hundred and two days. He also performed

executive duties and public acts while absent. He appears to have signed

and issued while absent from the capital very many public papers,

embracing commissions, letters of credence, exequaturs, pardons, and

among them four Executive proclamations. On the 26th of June, 1833, he

addressed a letter from Boston to Mr. Duane, Secretary of the Treasury,

giving his views at large on the removal of the "deposits" from the

United States Bank and placing them in the State banks, directing that

the change, with all its arrangements, should be, if possible, completed

by the 15th September following, and recommending that Amos Kendall

should be appointed an agent of the Treasury Department to make the

necessary arrangements with the State banks. Soon after, September 23,

a paper signed by the President and purporting to have been read to the

Cabinet was published in the newspapers of the day. Early in the next

session of Congress a resolution passed the Senate inquiring of the

President whether the paper was genuine or not and if it was published

by his authority, and requesting that a copy be laid before that body.

The President replied, avowing the genuineness of the paper and that it

was published by his authority, but declined to furnish a copy to the

Senate on the ground that it was purely executive business, and that the

request of the Senate was an undue interference with the independence of

the Executive, a coordinate branch of the Government. In January, 1837

(26th), he refused the privilege to a committee under a resolution of

the House of Representatives to make a general investigation of the

Executive Departments without specific charges, on the ground, among

others, that the use of the books, papers, etc., of the Departments for

such purpose would interfere with the discharge of the public duties

devolving upon the heads of the different Departments, and necessarily

disarrange and retard the public business.

President Van Buren was absent from the capital during his Presidential

term one hundred and thirty-one days. He discharged executive duties

and performed official and public acts during these absences. Among the

papers signed by President Van Buren during his absence from the seat of

Government are commissions (one of these being for a United States judge

of a district court), pardons, etc.

President Tyler was absent from the capital during his Presidential term

one hundred and sixty-three days, and performed public acts and duties

during such absences, signing public papers and documents to the number

of twenty-eight, in which were included commissions, exequaturs, letters

of credence, pardons, and one proclamation making public the treaty of

1842 between the United States and Ecuador.

President Polk was absent from the capital during his Presidential term

thirty-seven days, and appears to have signed but two official public

papers during such absence.

President Taylor was absent from the capital during the time he served

as President thirty-one days, and while absent signed two commissions,

three "full powers," two exequaturs, and the proclamation of August 11,

1849, relative to a threatened invasion of Cuba or some of the Provinces

of Mexico.

President Fillmore was absent from the capital during the time he served

as President sixty days. During such absence he signed pardons,

commissions, exequaturs, etc.

President Pierce was absent from the capital in all during his

Presidential term fifty-seven days. The several periods of absence which

make up this aggregate were each brief, and it does not appear that

during these absences the President signed any public official

documents, except one pardon.

President Buchanan was absent from the capital during his Presidential

term fifty-seven days, and the official papers which he is shown to have

signed during such absence are three exequaturs and one letter of

credence.

In addition to the public documents and papers executed by the several

Presidents during their absences from the seat of Government, constant

official correspondence was maintained by each with the heads of the

different Executive Departments.

WASHINGTON, _May 15, 1876_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 10th

ultimo, I transmit herewith a report and accompanying papers upon the

subject[104] from the Secretary of State.

U.S. GRANT.

[Footnote 104: Course pursued to enforce the provisions of the convention

with Venezuela of April 25, 1866, and the payment of adjudicated claims

under act approved February 25, 1873.]

WASHINGTON, _May 16, 1876_.

_To the House of Representatives_:

In answer to a resolution of the House of Representatives of the 5th

instant, requesting information as to payments by the Government of

Venezuela on account of claims of citizens of the United States under

the convention of the 25th of April, 1866, I transmit a report from the

Secretary of State, to whom the resolution was referred.

U.S. GRANT.

WASHINGTON, _May 19, 1876_.

_To the Senate_:

I transmit herewith, in answer to a resolution of the Senate of the 27th

March last, a report[105] from the Secretary of State and an accompanying

paper.

U.S. GRANT.

[Footnote 105: Relating to amount of money in the custody of the

Department of State to the credit of the awards of the mixed commission

under the treaty with Venezuela of April 25, 1866.]

WASHINGTON, _May 31, 1876_.

_To the House of Representatives_:

I transmit, in answer to a resolution of the House of Representatives

of the 22d instant, a report of the Secretary of State, with its

accompanying papers[106].

U.S. GRANT.

[Footnote 106: Relating to the steps taken for the protection of American

citizens in the Ottoman dominions.]

EXECUTIVE MANSION, _June 7, 1876_.

_To the Senate and House of Representatives_:

I herewith transmit the report of the board appointed to test iron,

steel, and other metals, in accordance with the provisions of section 4

of "An act making appropriations for sundry civil expenses of the

Government for the fiscal year ending June 30, 1876, and for other

purposes," approved March 3, 1875.

This board is to determine by actual tests the strength and value of all

metals, and to prepare tables which will exhibit their strength and

value for all constructions.

The accompanying memorials and resolutions of scientific associations,

colleges, and schools strongly advocate the continuation of this board,

which is national in its character and general in its investigations.

The board asks for an appropriation of $50,000 for the ensuing year, and

that any unexpended balances remaining on hand on the 30th of June,

1876, may be reappropriated.

This recommendation is submitted for favorable action, in the belief

that the labors of the board will, in the benefits accruing to important

industrial interests, more than repay to the country at large any money

that may be so expended.

U.S. GRANT.

WASHINGTON, _June 10, 1876_.

_To the House of Representatives_:

I transmit herewith, in answer to the resolution of the House of

Representatives of the 30th day of March last, a report from the

Secretary of State, with accompanying papers, which presents the

correspondence and condition of the question[107] up to the day of

its date.

U.S. GRANT.

[Footnote 107: The refusal of Great Britain to surrender certain fugitive

criminals in accordance with the extradition clause of the treaty of

August 9, 1842.]

WASHINGTON, _June 14, 1876_.

_To the Senate_:

In answer to the resolution of the Senate of the 26th April ultimo,

I herewith transmit a report[108] from the Secretary of State, with

accompanying documents.

U.S. GRANT.

[Footnote 108: Relating to claims before and judgments rendered by the

Alabama Claims Commission arising from captures by the rebel cruiser

_Shenandoah_.]

EXECUTIVE MANSION, _June 17, 1876_.

_To the Senate and House of Representatives_:

The near approach of a new fiscal year and the failure of Congress

up to this time to provide the necessary means to continue all the

functions of Government make it my duty to call your attention to the

embarrassments that must ensue if the fiscal year is allowed to close

without remedial action on your part.

Article I, section 9, of the Constitution declares:

No money shall be drawn from the Treasury but in consequence of

appropriations made by law.

To insure economy of expenditure and security of the public treasure

Congress has from time to time enacted laws to restrain the use of

public moneys, except for the specific purpose for which appropriated

and within the time for which appropriated; and to prevent contracting

debts in anticipation of appropriate appropriations, Revised Statutes,

section 3679, provides:

No Department of the Government shall expend in any one fiscal year any

sum in excess of appropriations made by Congress for that fiscal year,

or involve the Government in any contract for the future payment of

money in excess of such appropriations.

A Compilation of the Messages and Papers of the Presidents. Volume 7, part 1: Ulysses S. Grant · 第 8 / 10 章