Section 3732 provides:

No contract or purchase on behalf of the United States shall be made

unless the same is authorized by law or is under an appropriation

adequate to its fulfillment, except in the War and Navy Departments,

for clothing, subsistence, forage, fuel, quarters, or transportation,

which, however, shall not exceed the necessities of the current year.

Section 3678, as follows:

All sums appropriated for the various branches of expenditure in the

public service shall be applied solely to the objects for which they

are respectively made, and for no others.

Section 3690, that--

All balances of appropriations contained in the annual appropriation

bills, and made specifically for the service of any fiscal year, and

remaining unexpended at the expiration of such fiscal year, shall only

be applied to the payment of expenses properly incurred during that year

or to the fulfillment of contracts properly made within that year; and

balances not needed for such purposes shall be carried to the surplus

fund. This section, however, shall not apply to appropriations known as

permanent or indefinite appropriations.

The effect of the laws quoted, taken in connection with the

constitutional provision referred to, is, as above stated, to prohibit

any outlay of public money toward defraying even the current and

necessary expenses of Government after the expiration of the year for

which appropriated, excepting when those expenses are provided for by

some permanent appropriation, and excepting in the War and Navy

Departments, under section 3732.

The number of permanent appropriations are very limited, and cover but

few of the necessary expenditures of the Government. They are nearly

all, if not quite all, embraced in sections 3687, 3688, and 3689 of

the Revised Statutes. That contained in section 3687 is applicable to

_expenses of collecting the revenue from customs_, that in section 3688

to the payment of interest on the _public debt_, and that in section

3689 to various objects too numerous to detail here.

It will be observed that while section 3679, quoted above, provides

that _no_ Department shall in any one fiscal year involve the Government

in any contract for the future payment of money in excess of the

appropriation for that year, section 3732, also quoted above, confers,

by clear implication, upon the heads of the War and Navy Departments

full authority, even in the absence of any appropriation, to purchase

or contract for clothing, subsistence, forage, fuel, quarters, or

transportation not exceeding the necessities of the current year. The

latter provision is special and exceptional in its character, and is to

be regarded as excluded from the operation of the former more general

one. But if any of the appropriation bills above enumerated should fail

to be matured before the expiration of the current fiscal year, the

Government would be greatly embarrassed for want of the necessary

funds to carry on the service. Precluded from expending money not

appropriated, the Departments would have to suspend the service so

far as the appropriations for it should have failed to be made.

A careful examination of this subject will demonstrate the embarrassed

condition all branches of the Government will be in, and especially the

executive, if there should be a failure to pass the necessary

appropriation bills before the 1st of July, or otherwise provide.

I commend this subject most earnestly to your consideration, and urge

that some measure be speedily adopted to avert the evils which would

result from nonaction by Congress. I will venture the suggestion, by

way of remedy, that a joint resolution, properly guarded, might be

passed through the two Houses of Congress, extending the provisions

of all appropriations for the present fiscal year to the next in

all cases where there is a failure on the 1st of July to supply such

appropriation; each appropriation so extended to hold good until

Congress shall have passed a corresponding appropriation applicable to

the new fiscal year, when all moneys expended under laws enacted for

this fiscal year shall be deducted from the corresponding appropriation

for the next.

To make my ideas on this subject more clear, I have caused to be drawn

up a joint resolution embodying them more fully.

U.S. GRANT.

JOINT RESOLUTION to provide for defraying temporarily the ordinary and

necessary expenses of the public service.

Whereas the ordinary and necessary expenses of the public service in its

various branches, comprising among others the expenses which especially

pertain to the legislative, executive, and judicial departments of the

Government, to the consular and diplomatic service, to the postal

service, to the support of the Army, and to the maintenance of the Navy,

are generally met by annual appropriations which expire at the end of

the current fiscal year; and

Whereas no public funds will be available to defray these expenses as

the same shall accrue after that period unless appropriations shall have

been previously made therefor by law; and

Whereas, to avoid the great embarrassment to the public service that

might otherwise ensue, it is expedient to make provision for defraying

temporarily such of these expenses as would be unprovided for in case

some one of the usual annual appropriation bills designed to provide

therefor should fail to be matured by the end of the fiscal year now

current: Therefore,

_Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled_, That in case any of the

following appropriation bills for the fiscal year ending June 30, 1877,

shall not have passed by the commencement of such year, so that the

funds to be appropriated thereby may then be available for

expenditure--that is to say, the bill providing for the legislative,

executive, and judicial expenses; the bill providing for the consular

and diplomatic expenses; the bill providing for the service of the

Post-Office Department; the bill providing for the support of the Army,

and the bill providing for the naval service--the appropriation act for

the current fiscal year corresponding in its general description and

object to such appropriation bill shall extend to the fiscal year next

ensuing until such appropriation bill is enacted and takes effect, to

the end that the provisions of such appropriation act which apply to the

ordinary and necessary expenses of the public service for the current

fiscal year shall in like manner be applicable to similar expenses which

may accrue during the period intervening between the end of the current

fiscal year and the time when such appropriation bill for the next

ensuing fiscal year shall be enacted and take effect.

WASHINGTON, _June 20, 1876_.

_To the Senate and House of Representatives_:

By the tenth article of the treaty between the United States and

Great Britain signed in Washington on the 9th day of August, 1842, it

was agreed that the two Governments should, upon mutual requisitions

respectively made, deliver up to justice all persons who, being

charged with certain crimes therein enumerated, committed within the

jurisdiction of either, should seek an asylum or be found within the

territories of the other.

The only condition or limitation contained in the treaty to the

reciprocal obligation thus to deliver up the fugitive was that it should

be done only upon such evidence of criminality as, according to the laws

of the place where the fugitive or person so charged should be found,

would justify his apprehension and commitment for trial if the crime or

offense had there been committed.

In the month of February last a requisition was duly made, in

pursuance of the provisions of the treaty, by this Government upon that

of Great Britain for the surrender of one Ezra D. Winslow, charged with

extensive forgeries and the utterance of forged paper, committed within

the jurisdiction of the United States, who had sought an asylum

and was found within the territories of Her Britannic Majesty and was

apprehended in London. The evidence of the criminality of the fugitive

was duly furnished and heard, and, being found sufficient to justify his

apprehension and commitment for trial if the crimes had been committed

in Great Britain, he was held and committed for extradition.

Her Majesty's Government, however, did not deliver up the fugitive

in accordance with the terms of the treaty, notwithstanding every

requirement thereof had been met on the part of the United States, but,

instead of surrendering the fugitive, demanded certain assurances or

stipulations not mentioned in the treaty, but foreign to its provisions,

as a condition of the performance by Great Britain of her obligations

under the treaty.

In a recent communication to the House of Representatives, and in answer

to a call from that body for information on this case, I submitted the

correspondence which has passed between the two Governments with

reference thereto. It will be found in Executive Document No. 173 of the

House of Representatives of the present session, and I respectfully

refer thereto for more detailed information bearing on the question.

It appears from the correspondence that the British Government bases its

refusal to surrender the fugitive and its demand for stipulations or

assurances from this Government on the requirements of a purely domestic

enactment of the British Parliament, passed in the year 1870.

This act was brought to the notice of this Government shortly after

its enactment, and Her Majesty's Government was advised that the

United States understood it as giving continued effect to the existing

engagements under the treaty of 1842 for the extradition of criminals;

and with this knowledge on its part, and without dissent from the

declared views of the United States as to the unchanged nature of the

reciprocal rights and obligations of the two powers under the treaty,

Great Britain has continued to make requisitions and to grant surrenders

in numerous instances, without suggestion that it was contemplated to

depart from the practice under the treaty which has obtained for more

than thirty years, until now, for the first time, in this case of

Winslow, it is assumed that under this act of Parliament Her Majesty may

require a stipulation or agreement not provided for in the treaty as a

condition to the observance by her Government of its treaty obligations

toward this country.

This I have felt it my duty emphatically to repel.

In addition to the case of Winslow, requisition was also made by this

Government on that of Great Britain for the surrender of Charles J.

Brent, also charged with forgery, committed in the United States, and

found in Great Britain. The evidence of criminality was duly heard and

the fugitive committed for extradition.

A similar stipulation to that demanded in Winslow's case was also asked

in Brent's, and was likewise refused.

It is with extreme regret that I am now called upon to announce to

you that Her Majesty's Government has finally released both of these

fugitives, Winslow and Brent, and set them at liberty, thus omitting to

comply with the provisions and requirements of the treaty under which

the extradition of fugitive criminals is made between the two

Governments.

The position thus taken by the British Government, if adhered to, can

not but be regarded as the abrogation and annulment of the article of

the treaty on extradition.

Under these circumstances it will not, in my judgment, comport with the

dignity or self-respect of this Government to make demands upon that

Government for the surrender of fugitive criminals, nor to entertain any

requisition of that character from that Government under the treaty.

It will be a cause of deep regret if a treaty which has been thus far

beneficial in its practical operation, which has worked so well and

so efficiently, and which, notwithstanding the exciting and at times

violent political disturbances of which both countries have been the

scene during its existence, has given rise to no complaints on the part

of either Government against either its spirit or its provisions, should

be abruptly terminated.

It has tended to the protection of society and to the general interests

of both countries. Its violation or annulment would be a retrograde step

in international intercourse.

I have been anxious and have made the effort to enlarge its scope and

to make a new treaty which would be a still more efficient agent for

the punishment and prevention of crime. At the same time, I have felt

it my duty to decline to entertain a proposition made by Great Britain,

pending its refusal to execute the existing treaty, to amend it by

practically conceding by treaty the identical conditions which that

Government demands under its act of Parliament. In addition to the

impossibility of the United States entering upon negotiations under

the menace of an intended violation or a refusal to execute the terms

of an existing treaty I deemed it inadvisable to treat of only the one

amendment proposed by Great Britain while the United States desires an

enlargement of the list of crimes for which extradition may be asked,

and other improvements which experience has shown might be embodied in

a new treaty.

It is for the wisdom of Congress to determine whether the article

of the treaty relating to extradition is to be any longer regarded as

obligatory on the Government of the United States or as forming part

of the supreme law of the land. Should the attitude of the British

Government remain unchanged, I shall not, without an expression of the

wish of Congress that I should do so, take any action either in making

or granting requisitions for the surrender of fugitive criminals under

the treaty of 1842.

Respectfully submitted.

U.S. GRANT.

EXECUTIVE MANSION, _July 8, 1876_.

_To the Senate of the United States_:

I have the honor to transmit herewith a report[109] from General W.T.

Sherman [J.D. Cameron, Secretary of War], together with the most

recent reports received from Brigadier-General A.H. Terry, as a response

to the resolution of the Senate of the 7th instant, a copy of which is

attached to this message.

U.S. GRANT.

[Footnote 109: Relating to hostile demonstrations of the Sioux Indians

and the disaster to the forces under General Custer.]

WASHINGTON, _July 13, 1876_.

_To the House of Representatives_:

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

Representatives of the 1st ultimo, a report[110] from the Secretary of

State upon the subject.

U.S. GRANT.

[Footnote 110: Stating that no correspondence has taken place with Great

Britain relative to the sequestration of the lands and property in New

Zealand claimed by William Webster, an American citizen.]

WASHINGTON, _July 19, 1876_.

_To the House of Representatives_:

I transmit a report from the Secretary of State, in answer to the

resolution of the House of Representatives of the 1st of April last, on

the subject of commercial intercourse with Mexico and Central America.

U.S. GRANT.

EXECUTIVE MANSION, _July 31, 1876_.

_To the House of Representatives_:

The act making appropriations for sundry civil expenses of the

Government for the fiscal year ending June 30, 1877, is so defective

in what it omits to provide for that I can not announce its approval

without at the same time pointing out what seems to me to be its

defects. It makes but inadequate provision for the service at best,

and in some instances fails to make any provision whatever.

Notably among the first class is the reduction in the ordinary annual

appropriations for the Revenue-Cutter Service, to the prejudice of the

customs revenue.

The same may be said of the Signal Service, as also the failure to

provide for the increased expense devolved upon the mints and assay

offices by recent legislation, and thus tending to defeat the objects of

that legislation.

Of this class also are public buildings, for the protection,

preservation, and completion of which there is no adequate

appropriation, while the sum of $100,000 only is appropriated for the

repairs of the different navy yards and stations and the preservation of

the same, the ordinary and customary appropriations for which are not

less than $1,000,000.

A similar reduction is made in the expenses for armories and arsenals.

The provision for the ordinary judicial expenses is much less than the

estimated amount for that important service, the actual expenditures of

the last fiscal year, and the certain demands of the current year.

The provision for the expenses of the surveys of public lands is less

than one-half of the usual appropriation for that service and what are

understood to be its actual demands.

Reduction in the expenditures for light-houses, beacons, and fog

stations is also made in similar proportion.

Of the class for which no appropriation is made, among the most

noticeable, perhaps, is that portion of the general expenses of the

District of Columbia on behalf of the United States, as appropriated in

former years, and the judgments of the Court of Claims. The failure to

make a reasonable contribution to the expenses of the nation's capital

is an apparent dereliction on the part of the United States and rank

injustice to the people here who bear the burdens, while to refuse or

neglect to provide for the payment of solemn judgments of its own courts

is apparently to repudiate. Of a different character, but as prejudicial

to the Treasury, is the omission to make provision to enable the

Secretary of the Treasury to have the rebel archives and records of

captured and abandoned property examined and information furnished

therefrom for the use of the Government.

Finally, without further specification of detail, it may be said that

the act which in its title purports to make provision for a diverse and

greatly extended civil service unhappily appropriates an amount not more

than 65 per cent of its ordinary demands.

The legislative department establishes and defines the service, and

devolves upon the Executive Departments the obligation of submitting

annually the needful estimates of expenses of such service. Congress

properly exacts implicit obedience to the requirements of the law

in the administration of the public service and rigid accountability

in the expenditures therefor. It is submitted that a corresponding

responsibility and obligation rest upon it to make the adequate

appropriations to render possible such administration and tolerable such

exaction. Anything short of an ample provision for a specified service

is necessarily fraught with disaster to the public interests and is a

positive injustice to those charged with its execution.

To appropriate and to execute are corresponding obligations and duties,

and the adequacy of the former is the necessary measure of the

efficiency of the execution.

In this eighth month of the present session of Congress--nearly one

month of the fiscal year to which this appropriation applies having

passed--I do not feel warranted in vetoing an absolutely necessary

appropriation bill; but in signing it I deem it a duty to show where

the responsibility belongs for whatever embarrassments may arise in

the execution of the trust confided to me.

U.S. GRANT.

EXECUTIVE MANSION, _July 31, 1876_.

_To the Senate of the United States_:

In response to the resolution of the Senate of July 20, 1876, calling

upon the President to communicate to the Senate, if in his opinion not

incompatible with the public interest, any information in regard to the

slaughter of American citizens at Hamburg, S.C., I have the honor to

submit the following inclosures, to wit:

No. 1. Letter of the 22d of July, 1876, from Governor D.H. Chamberlain,

of South Carolina, to me.

No. 2. My reply thereto.

No. 3. Report of Hon. William Stone, attorney-general of South Carolina.

No. 4. Report of General H.W. Purvis, adjutant and inspector general of

South Carolina.

No. 5. Copy of evidence taken before a coroner's jury investigating

facts relating to the Hamburg massacre.

No. 6. Printed copy of statement by M.C. Butler, of South Carolina.

No. 7. Printed letter from the same to the editors of the Journal of

Commerce.

No. 8. Copy of letter from Governor Chamberlain to the Hon. T.J.

Robertson.

No. 9. An address to the American people by the colored citizens of

Charleston, S.C.

No. 10. An address by a committee appointed at a convention of leading

representatives of Columbia, S.C.

No. 11. Copy of letter of July 15, 1876, from the district attorney of

Mississippi to the Attorney-General of the United States.

No. 12. Letter from same to same.

No. 13. Copy of report of a grand jury lately in session in Oxford,

Miss.

These inclosures embrace all the information in my possession touching

the late disgraceful and brutal slaughter of unoffending men at the town

of Hamburg, S.C. My letter to Governor Chamberlain contains all the

comments I wish to make on the subject. As allusion is made in that

letter to the condition of other States, and particularly to Louisiana

and Mississippi, I have added to the inclosures letters and testimony in

regard to the lawless condition of a portion of the people of the latter

State.

In regard to Louisiana affairs, murders and massacres of innocent men

for opinion's sake or on account of color have been of too recent date

and of too frequent occurrence to require recapitulation or testimony

here. All are familiar with their horrible details, the only wonder

being that so many justify them or apologize for them.

But recently a committee of the Senate of the United States visited the

State of Mississippi to take testimony on the subject of frauds and

violence in elections. Their report has not yet been made public, but I

await its forthcoming with a feeling of confidence that it will fully

sustain all that I have stated relating to fraud and violence in the

State of Mississippi.

U.S. GRANT.

EXECUTIVE MANSION, _August 11, 1876_.

_To the Senate and House of Representatives_:

I transmit herewith a telegram of the 5th of August instant from

Lieutenant-General Sheridan to General Sherman, a letter of the 11th of

the present month from General Sherman to the Secretary of War, and a

letter from the latter of the same date to me, all setting forth the

possible needs of the Army in consequence of existing hostilities.

I would strongly urge upon Congress the necessity for making some

provision for a contingency which may arise during the vacation--for

more troops in the Indian country than it is now possible to send.

It would seem to me to be much more economical and better to authorize

an increase of the present cavalry force by 2,500 privates, but if this

is not deemed advisable, then that the President be authorized to call

out not exceeding five regiments, 1,000 strong each, of volunteers, to

serve for a period not exceeding six months.

Should this latter authority be given, I would not order out any

volunteers unless in my opinion, based upon reports from the scene of

war, I deemed it absolutely necessary, and then only the smallest number

considered sufficient to meet the emergency.

U.S. GRANT.

EXECUTIVE MANSION, _August 14, 1876_.

_To the House of Representatives_:

In affixing my signature to the river and harbor bill, No. 3822,

I deem it my duty to announce to the House of Representatives my

objections to some features of the bill, and the reason I sign it.

If it was obligatory upon the Executive to expend all the money

appropriated by Congress, I should return the river and harbor bill

with my objections, notwithstanding the great inconvenience to the

public interests resulting therefrom and the loss of expenditures from

previous Congresses upon incompleted works. Without enumerating, many

appropriations are made for works of purely private or local interest,

in no sense national. I can not give my sanction to these, and will take

care that during my term of office no public money shall be expended

upon them.

There is very great necessity for economy of expenditures at this

time, growing out of the loss of revenue likely to arise from a

deficiency of appropriations to insure a thorough collection of the

same. The reduction of revenue districts, diminution of special agents,

and total abolition of supervisors may result in great falling off of

the revenue. It may be a question to consider whether any expenditure

can be authorized under the river and harbor appropriation further than

to protect works already done and paid for. Under no circumstances will

I allow expenditures upon works not clearly national.

U.S. GRANT.

WASHINGTON, _August 14, 1876_.

_To the House of Representatives_:

In announcing, as I do, that I have attached my signature of official

approval to the "Act making appropriations for the consular and

diplomatic service of the Government for the year ending June 30, 1877,

and for other purposes," it is my duty to call attention to a provision

in the act directing that notice be sent to certain of the diplomatic

and consular officers of the Government "to close their offices."

In the literal sense of this direction it would be an invasion of the

constitutional prerogatives and duty of the Executive.

By the Constitution the President "shall have power, by and with the

advice and consent of the Senate, to make treaties, provided two-thirds

of the Senators present concur; and he shall nominate, and, by and with

the advice and consent of the Senate, shall appoint, ambassadors, other

public ministers, and consuls," etc.

It is within the power of Congress to grant or withhold appropriation

of money for the payment of salaries and expenses of the foreign

representatives of the Government.

In the early days of the Government a sum in gross was appropriated,

leaving it to the Executive to determine the grade of the officers and

the countries to which they should be sent.

Latterly, for very many years, specific sums have been appropriated

for designated missions or employments, and as a rule the omission by

Congress to make an appropriation for any specific port has heretofore

been accepted as an indication of a wish on the part of Congress which

the executive branch of the Government respected and complied with.

In calling attention to the passage which I have indicated I assume that

the intention of the provision is only to exercise the constitutional

prerogative of Congress over the expenditures of the Government and to

fix a time at which the compensation of certain diplomatic and consular

officers shall cease, and not to invade the constitutional rights of the

Executive, which I should be compelled to resist; and my present object

is not to discuss or dispute the wisdom of failing to appropriate for

several offices, but to guard against the construction that might

possibly be placed on the language used, as implying a right in the

legislative branch to direct the closing or discontinuing of any of the

diplomatic or consular offices of the Government.

U.S. GRANT.

[For message of August 15, 1876, withdrawing objections to Senate bill

No. 779, see p. 388.]

WASHINGTON, _August 15, 1876_.

_To the Senate of the United States_:

I transmit to the Senate, in answer to its resolution of the 24th

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

statement.[111]

U.S. GRANT.

[Footnote 111: Aggregate number of civil officers in or connected with

the Department of State from 1859 to 1875, inclusive.]

VETO MESSAGES.

EXECUTIVE MANSION, _February 3, 1876_.

_To the House of Representatives_:

I have the honor to return herewith without my approval House bill No.

1561, entitled "An act transferring the custody of certain Indian trust

funds from the Secretary of the Interior to the Treasurer of the United

States," for the reasons set forth in the accompanying communication

from the Secretary of the Interior.

U.S. GRANT.

DEPARTMENT OF THE INTERIOR, _Washington, February 7, 1876_.

The PRESIDENT.

SIR: I acknowledge the receipt of your communication of the 29th ultimo,

transmitting House bill No. 1561 and requesting this Department to

report whether any objections to its becoming a law are known to exist.

In reply I have the honor to state that I am fearful that the act is not

sufficiently definite in terms to accomplish the end desired, namely,

the mere transfer of the custody of said trust funds, enabling this

Department to receive the interest from the custodian and apply it as

heretofore without the intervention of Congress. The nature of the

guardianship and control over the Indians exercised by me as Secretary

and trustee is such as to require this Department to keep an account of

the funds to their credit or held in trust for them, and to receive the

interest on their trust funds promptly when due. I am fearful that this

bill may not allow me to do so, and to guard against any danger of

embarrassment in the transaction of this business I inclose a draft of

a bill[112] which, if substituted for the one already passed, will, it is

believed, obviate the difficulties which may arise if the present bill

should become a law.

Very respectfully, your obedient servant,

Z. CHANDLER, _Secretary_.

[Footnote 112: Omitted.]

EXECUTIVE MANSION, _March 27, 1876_.

_To the House of Representatives_:

I have the honor to return herewith without my approval the bill (H.R.

No. 83) entitled "An act for the relief of James A. Hile, of Lewis

County, Mo.," for the reasons set forth in the accompanying

communication of the Secretary of War.

U.S. GRANT.

WAR DEPARTMENT, _Washington City, March 25, 1876_.

The PRESIDENT.

SIR: I have the honor to return act H.R. 83, with the following report

from the Adjutant-General:

"It appears from the records of this office that James A. Hile, private

Company F, Twenty-first Missouri Volunteers, enlisted July 15, 1861;

deserted June 14, 1862; returned August 2, 1862; was restored to duty

by special order No. 38, headquarters District of Columbus, Department

of Tennessee, dated Columbus, Ky., February 26, 1863. He reenlisted

February 28, 1864, as a veteran volunteer; was tried by general

court-martial for absence without leave from November 25, 1864, to

December 13, 1864, and sentenced to forfeit all pay and allowances for

time absent by general order No. 48, headquarters Second Division,

Sixteenth Army Corps, dated May 22, 1865.

"On the muster-out roll of company dated April 19, 1866, he is reported,

'Deserted March 1, 1866, at Bladen Springs, Ala.'

"This man, in his application to this office for discharge, stated under

oath (affidavit dated July 27, 1870) that he left his command without

leave and returned to his home February 28, 1866, having previously

applied for a furlough, which was refused.

"This man, according to his own statement under oath, did desert as

reported, and if this bill becomes a law it will be an injustice to

every soldier who served honorably with his command until his services

were no longer required by the Government, in addition to falsifying

the record, as the bill directs the record shall be made to show he

is _no deserter_.

"This is only one of many similar cases."

The remarks of the Adjutant-General adverse to the passage of the bill

are concurred in.

Very respectfully, your obedient servant,

ALPHONSO TAFT, _Secretary of War_.

EXECUTIVE MANSION, _March 31, 1876_.

_To the Senate of the United States_:

For the reasons set forth in the accompanying communication from the

Secretary of the Treasury, I have the honor to return herewith without

my approval Senate bill No. 489, entitled "An act for the relief of

G.B. Tyler and E.H. Luckett, assignees of William T. Cheatham."

U.S. GRANT.

TREASURY DEPARTMENT, _March 30, 1876_.

The PRESIDENT:

Referring to the letter of the 25th instant, written by your direction,

transmitting Senate bill No. 489, "for the relief of G.B. Tyler and B.H.

Luckett, assignees of William T. Cheatham," and requesting my opinion as

to the propriety of its approval by you, I have to say that there are no

data on file in the Department, so far as I can learn, which indicate

that the amount it is proposed by this bill to refund to the assignees

of Mr. Cheatham was wrongfully collected or that the amount should be

refunded.

The Commissioner of Internal Revenue, in his report to me in reference

to the matter, says:

"The reimbursement to the United States by said Cheatham of the salary

paid to this storekeeper by the collector of internal revenue for the

months of December, 1869, and January, 1870, was in accordance with the

provisions of joint resolution of March 29, 1869 (16 U.S. Statutes at

Large, p. 52), and there appears to be no reason for the refunding by

the United States to the assignees of said Cheatham the salary of this

storekeeper that would not apply with equal force to similar payments by

all other distillers who were operating their distilleries or had

spirits in their warehouses at that time."

The facts above stated are considered by this office valid and serious

objections to the approval of this bill, and they would have been

communicated to the Congressional committee before the passage of the

bill had they called the attention of this office to the subject.

The bill is herewith returned.

I have the honor to be, very respectfully, your obedient servant,

B.H. BRISTOW, _Secretary_.

EXECUTIVE MANSION, _April 18, 1876_.

_To the Senate of the United States_:

Herewith I return Senate bill No. 172, entitled "An act fixing the

salary of the President of the United States," without my approval.

I am constrained to this course from a sense of duty to my successors in

office, to myself, and to what is due to the dignity of the position of

Chief Magistrate of a nation of more than 40,000,000 people.

When the salary of the President of the United States, pursuant to the

Constitution, was fixed at $25,000 per annum, we were a nation of but

3,000,000 people, poor from a long and exhaustive war, without commerce

or manufactures, with but few wants and those cheaply supplied. The

salary must then have been deemed small for the responsibilities and

dignity of the position, but justifiably so from the impoverished

condition of the Treasury and the simplicity it was desired to cultivate

in the Republic.

The salary of Congressmen under the Constitution was first fixed at

$6 per day for the time actually in session--an average of about one

hundred and twenty days to each session--or $720 per year, or less than

one-thirtieth of the salary of the President.

Congress have legislated upon their own salaries from time to time

since, until finally it reached $5,000 per annum, or one-fifth that of

the President, before the salary of the latter was increased.

No one having a knowledge of the cost of living at the national capital

will contend that the present salary of Congressmen is too high, unless

it is the intention to make the office one entirely of honor, when the

salary should be abolished--a proposition repugnant to our republican

ideas and institutions.

I do not believe the citizens of this Republic desire their public

servants to serve them without a fair compensation for their services.

Twenty-five thousand dollars does not defray the expenses of the

Executive for one year, or has not in my experience. It is not now

one-fifth in value of what it was at the time of the adoption of the

Constitution in supplying demands and wants.

Having no personal interest in this matter, I have felt myself free to

return this bill to the House in which it originated with my objections,

believing that in doing so I meet the wishes and judgment of the great

majority of those who indirectly pay all the salaries and other expenses

of Government.

U.S. GRANT.

EXECUTIVE MANSION, _May 26, 1876_.

_To the House of Representatives_:

I return herewith without my approval House bill No. 1922, entitled

"An act providing for the recording of deeds, mortgages, and other

conveyances affecting real estate in the District of Columbia."

The objection to affixing my signature to this bill may be found in

the communication addressed to me by the Attorney-General, and which

accompanies this message.

U.S. GRANT.

DEPARTMENT OF JUSTICE, _Washington, May 23, 1876_.

The PRESIDENT.

SIR: In reply to your note of the 19th instant, in which you request

me to report whether there are objections to your approval of "An act

providing for the recording of deeds, mortgages, and other conveyances

affecting real estate in the District of Columbia," being House bill No.

1922, I have the honor to state that the bill seems to me objectionable

because of indefiniteness and uncertainty as to the time which it

purports to fix when deeds of trust, mortgages, etc., shall take effect

and be valid as to creditors and subsequent purchasers for valuable

consideration without notice. Although there is no constitutional

objection to the act, yet for the reason above stated I hesitate to

advise its approval.

Very respectfully, your obedient servant,

EDWARDS PIERREPONT, _Attorney-General_.

EXECUTIVE MANSION, _June 9, 1876_.

_To the Senate of the United States_:

I return herewith without my approval Senate bill No. 165, entitled

"An act for the relief of Michael W. Brock, of Meigs County, Tenn.,

late a private in Company D, Tenth Tennessee Volunteers."

The objection to affixing my signature to this bill may be found in the

indorsement (which accompanies this message) by the Adjutant-General of

the Army.

U.S. GRANT.

WAR DEPARTMENT,

ADJUTANT-GENERAL'S OFFICE,

_Washington, June 8, 1876_.

Respectfully returned to the Secretary of War.

The records of this office show that Michael W. Brock, Company D, Tenth

Tennessee Volunteers, deserted November 24, 1864, due United States for

horse and horse equipments, carbine, saber, and pistol, all complete.

He presented satisfactory evidence of his having left the service by

proper authority, and the charge of desertion has been removed and the

soldier furnished an honorable discharge.

No evidence has been presented to this office to establish that he was

erroneously charged with Government property.

If satisfactory evidence is furnished showing conclusively that this

soldier was erroneously charged with Government property, taken at time

of his reported desertion, the charge will be removed, and in that case

the inclosed act for his relief will be unnecessary.

ED TOWNSEND, _Adjutant-General_.

EXECUTIVE MANSION, _June 30, 1876_.

_To the Senate of the United States_:

I return herewith without my approval Senate bill No. 692, entitled

"An act to amend chapter 166 of the laws of the second session of the

Forty-third Congress."

The objections to affixing my signature to this bill may be found in the

report, which accompanies this message, of the Chief of Engineers of the

Army to the Secretary of War.

U.S. GRANT.

WAR DEPARTMENT, _Washington City, June 28, 1876_.

The PRESIDENT:

SIR: I have the honor to return herewith Senate bill No. 692, "to amend

chapter 166 of the laws of the second session of the Forty-third

Congress," and beg to invite your attention to the report of the Chief

of Engineers dated the 27th instant, copy inclosed, and for the reasons

stated in said report it is believed the bill should not become a law.

Very respectfully, your obedient servant,

J.D. CAMERON, _Secretary of War_.

OFFICE OF THE CHIEF OF ENGINEERS, _June 27, 1876_.

Respectfully returned to the honorable the Secretary of War.

"An act to aid in the improvement of the Fox and Wisconsin rivers, in

the State of Wisconsin," approved March 3, 1875, contains the following

clause:

"In case any lands or other property is now or shall be flowed or

injured by means of any part of the works of said improvement heretofore

or hereafter constructed, for which compensation is now or shall become

legally owing, and in the opinion of the officer in charge it is not

prudent that the dam or dams be lowered, the amount of such compensation

may be ascertained in like manner," etc.

The dams referred to in the above clause are at the outlets of Lake

Winnebago, known as the Neenah or Menasha channels of the Lower Fox

River.

The officer of the Department of Justice appointed under the provisions

of the act referred to to represent the interests of the United States

in legal proceedings "for flowage damages hereinbefore described,"

acting apparently under the assumption that because the dams in question

had not been lowered it was the opinion of the officer in charge that

they should not be lowered, has had such surveys, investigations, etc.,

made as were deemed necessary by him to protect the interests of the

United States, and under this action it is understood that, at the

instance of claimants, judges of the circuit court have appointed

commissioners to decide on the amount of compensation due, and the

judges have fixed the rate of compensation the commissioners are to

receive. These commissioners are not appointed at the instance of the

United States.

In this way the awards for damages have already been made to the amount

of $70,000, and ultimately a much larger sum will be claimed to be due

from the United States.

The officer of engineers in charge of the improvement of the Fox and

Wisconsin rivers reports that the dams which have occasioned the flowage

were not constructed by the canal companies, and are not at all

necessary for the purposes of navigation, and so far as that is

concerned could not only be lowered, but entirely dispensed with.

They were built by private parties solely for their own use and profit

and for water-power purposes, and have raised the water level and

caused the flowage, for which they should be held liable.

In view of the preceding facts, and for the additional reason that the

subject of the liability of the United States is now being investigated

by the Department of Justice, it is respectfully suggested that the

inclosed act to amend chapter 166 of the laws of the second session of

the Forty-third Congress (S. 692) should not become a law.

A.A. HUMPHREYS,

_Brigadier-General and Chief of Engineers_.

EXECUTIVE MANSION, _July 11, 1876_.

_To the House of Representatives_:

For the reasons set forth in the accompanying report of the Secretary of

War, I have the honor to return herewith without my approval House bill

No. 1337, entitled "An act for the relief of Nelson Tiffany."

U.S. GRANT.

WAR DEPARTMENT, _June 7, 1876_.

The PRESIDENT.

SIR: I have the honor to return House bill No. 1337, "for the relief of

Nelson Tiffany."

The Adjutant-General, to whom the bill was referred, reports as follows:

"Nelson Tiffany, private, Company A, Twenty-fifth Massachusetts

Volunteers, deserted October 10, 1864, and remained absent until April

25, 1865, when he surrendered under the President's proclamation,

thereby acknowledging his desertion.

"If this bill becomes a law, it will not only falsify the records of

this Department, but will be an injustice to every man who served

honorably during the War of the Rebellion."

* * * * *

Very respectfully, your obedient servant,

J.D. CAMERON, _Secretary of War_.

EXECUTIVE MANSION, _July 13, 1876_.

_To the House of Representatives_:

For the reasons stated in the accompanying report by the Commissioner of

Pensions to the Secretary of the Interior, I have the honor to return

without my approval House bill No. 11, entitled "An act granting a

pension to Eliza Jane Blumer."

U.S. GRANT.

DEPARTMENT OF THE INTERIOR, _Washington July 8, 1876_.

The PRESIDENT.

SIR: I have the honor to return herewith a bill (H.R. 11) entitled

"An act granting a pension to Eliza Jane Blumer," and to invite your

attention to the inclosed copy of a communication addressed to me on the

7th instant by the Commissioner of Pensions, relating to said bill.

In the opinion of this Department the misdescription of the soldier in

the bill is of such a character as would render it difficult, if not

impossible, to carry the provisions of the bill into effect should it

become a law.

I have the honor to be, with great respect, your obedient servant,

CHAS. T. GORHAM, _Acting Secretary_.

DEPARTMENT OF THE INTERIOR, _Washington, D.C., July 7, 1876_.

The HONORABLE SECRETARY OF THE INTERIOR.

SIR: I have the honor to return herewith engrossed House bill No. 11,

giving to Eliza Jane Blumer a pension as a widow of Henry A. Blumer,

private of Company A, Forty-seventh Pennsylvania Volunteers, with the

suggestion that if the bill is intended to pension Eliza Blumer, whose

application, No. 46382, on file in this office, has been rejected,

it should designate the soldier as of Company B of said regiment, it

failing to appear from the records of the War Department that he served

in any other company than that last named.

I am, sir, very respectfully, your obedient servant,

J.A. BENTLEY, _Commissioner_.

EXECUTIVE MANSION, _July 20, 1876_.

_To the House of Representatives_:

I have the honor to return herewith without my approval House bill No.

2684, entitled "An act to amend sections 3946, 3951, and 3954 of the

Revised Statutes."

It is the judgment of the Postmaster-General, whose report accompanies

this message, that if this bill should become a law in its present form

it would fail to give effect to its provisions. The remedial suggestions

in his report are respectfully recommended to your attention,

U.S. GRANT.

POST-OFFICE DEPARTMENT, _Washington, D.C., July 19, 1876_.

The PRESIDENT OF THE UNITED STATES,

_Washington, D.C._

SIR: I have the honor to return herewith House bill No. 2684, "to amend

sections 3946, 3951, and 3954 of the Revised Statutes," with the

following objections thereto:

The sections of the Revised Statutes which this bill proposes to amend

were substantially repealed by the twelfth section of the act entitled

"An act making appropriations for the service of the Post-Office

Department for the fiscal year ending June 30, 1875, and for other

purposes," approved June 23, 1874. The sections of the Revised Statutes

numbered as indicated in the bill were enacted as sections 246 and 251

of the "act to revise, consolidate, and amend the statutes relating to

the Post-Office Department," approved June 8, 1872. These sections were

subsequently embodied in the revision of the statutes.

If the accompanying bill should become a law in its present form, it

would, in my judgment, fail to give effect to its provisions. The bill

is a very important one for the service of the Post-Office Department.

Efforts have been made for four or five years past to induce Congress to

pass just such a law. To break up the vicious system of straw bidding,

this bill would be very valuable, and I regret exceedingly that a

mistake should have been made in the title and enacting clause which

will render its provisions inoperative.

I therefore suggest that the attention of the House in which it

originated shall be called to the defects in the bill explained above;

and to enable that body to understand very fully what, in my judgment,

would be required to perfect it, I would suggest that the title should

read "A bill to amend subsections 246 and 251 of section 12 of an

act entitled 'An act making appropriations for the service of the

Post-Office Department for the fiscal year ending June 30, 1875, and for

other purposes,' approved June 23, 1874, and also to amend section 3954

of the Revised Statutes," and that the enacting clause of the bill

should be changed in conformity therewith.

I have the honor to be, with great respect, your obedient servant,

JAS. N. TYNER, _Postmaster-General_.

EXECUTIVE MANSION, _August 14, 1876_.

_To the House of Representatives_:

For the reason stated in the accompanying communication, submitted to me

by the Secretary of War, I have the honor to return herewith without my

approval House bill No. 36, entitled "An act to restore the name of

Captain Edward S. Meyer to the active list of the Army."

U.S. GRANT.

WAR DEPARTMENT, _Washington, D.C., August 4, 1876_.

The PRESIDENT.

SIR: I have the honor to return House bill No. 36, "to restore the name

of Captain Edward S. Meyer to the active list of the Army," and beg to

invite your attention to the inclosed report of the Adjutant-General of

this date, stating objections to the approval of the bill.

Very respectfully, your obedient servant,

J.D. CAMERON, _Secretary of War_.

ADJUTANT-GENERAL'S OFFICE, _August 4, 1876_.

Respectfully returned to the Secretary of War.

Edward S. Meyer served as a private in the Fourth Ohio Volunteers (three

months) from May 4, 1861, to August 18, 1861. He again enlisted as

private, Nineteenth Ohio Volunteers, September 10, 1861; was promoted

first lieutenant November 1, 1861, and resigned September 27, 1862. He

was commissioned captain, One hundred and seventh Ohio Volunteers,

November 11, 1862; was wounded at Chancellorsville, Va., May 2, 1863,

and discharged for physical disability January 1, 1865. He was again

mustered into service February 8, 1865, as major, Fifth United States

Veteran Volunteers (Hancock's Corps), and mustered out March 20, 1866.

Was brevetted lieutenant-colonel, colonel, and brigadier-general of

volunteers March 13, 1865.

He was appointed captain, Thirty-fifth United States Infantry, July 28,

1866; became unassigned August 12, 1869; assigned to Nineteenth Infantry

August 5, 1870, and transferred to Ninth Cavalry January 1, 1871.

Retired August 24, 1872.

July 8, 1869, Captain Meyer applied for retirement on account of wounds

received at Chancellorsville May 2, 1863, by which he was incapacitated

for active service. No action was then had on the request, pending

action by Congress reducing the Army.

October 6, 1869, he asked to be placed on waiting orders, being unfit

for duty, and no possibility of improvement without going North. He was

accordingly relieved from duty and ordered home to await orders.

December 18, 1869, he called on the Secretary of War and asked to be

assigned to duty.

January 4, 1870, he again applied to be assigned to duty with some

regiment on the frontier, stating that his wound had healed, etc.,

and asking to withdraw his previous request for retirement. This was

accompanied by a similar request from his father, Mr. S. Meyer, of Ohio.

July 29, 1870, he applied the third time to withdraw application for

retirement and to be assigned to duty. On January 1, 1871, in accordance

with his repeated requests to be assigned to duty, he was assigned to

the Ninth Cavalry, serving in Texas. He joined the regiment, and on

March 4, 1872, he renewed his former request to be ordered before a

retiring board, stating that he found his injuries would not allow him

to remain on duty on the frontier; that his disability was constantly

increasing, etc. The medical director of the department approved the

request, and added that Captain Meyer's wounds certainly unfitted him

for service on the frontier.

April 13, 1872, Senator Sherman joined in requesting retirement of

Captain Meyer. He was ordered before the retiring board and on August

20, 1872, was examined.

The board found Captain Meyer "incapacitated for active service, and

that said incapacity results from a gunshot wound received in his lower

jaw at the battle of Chancellorsville, Va., May 2, 1863," when captain

in One hundred and seventh Ohio Volunteers. He was retired in accordance

with the finding.

March 21 and December 6, 1873, Captain Meyer asked restoration to active

service and reappointment as a captain of cavalry, which application was

disapproved by the General of the Army.

Pending the action on the bill before Congress no reports were called

for as to the official facts of record in the War Department, and no

evidence has been filed in this office showing that he has sufficiently

recovered.

The absence of such evidence and the fact that after one assignment to

active duty he has failed to be sufficiently recovered are submitted as

objections why the bill should not be approved.

E.D. TOWNSEND, _Adjutant-General_.

EXECUTIVE MANSION, _August 15, 1876_.

_To the House of Representatives_:

I herewith return House bill No. 4085 without my approval. The repeal of

the clause in the original bill for paving Pennsylvania avenue fixing

the time for the completion of the work by December 1, 1876, is

objectionable in this, that it fixes no date when the work is to be

completed.

Experience shows that where contractors have unlimited time to complete

any given work they consult their own convenience, and not the public

good. Should Congress deem it proper to amend the present bill in such

manner as to fix the date for the completion of the work to be done by

any date between December 1 and the close of my official term, it will

receive my approval.

U.S. GRANT.

EXECUTIVE MANSION, _August 15, 1876_.

_To the Senate of the United States_:

For the reasons stated in the accompanying communication, submitted to

me by the Acting Secretary of the Interior, I have the honor to return

herewith without my approval Senate bill No. 779, entitled "An act to

provide for the sale of a portion of the reservation of the confederated

Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of

Indians, in the States of Kansas and Nebraska."

U.S. GRANT.

DEPARTMENT OF THE INTERIOR, _Washington, D.C., August 14, 1876_.

The PRESIDENT.

SIR: I have the honor to return herewith the bill (S. No. 779) entitled

"An act to provide for the sale of a portion of the reservation of the

confederated Otoe and Missouria and the Sacs and Foxes of the Missouri

tribes of Indians, in the States of Kansas and Nebraska," and to invite

your attention to the inclosed copy of a letter this day addressed to me

by the Commissioner of Indian Affairs, stating that the bill, in his

opinion, should not become a law.

I fully concur in the opinion expressed by the Commissioner, and for the

reasons stated in his letter do not feel at liberty to recommend your

approval of the bill. I have the honor to be, with great respect, your

obedient servant,

CHAS. T. GORHAM, _Acting Secretary_.

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,

_Washington, D.C., August 14, 1876_.

The HONORABLE SECRETARY OF THE INTERIOR.

SIR: I have the honor to return herewith, in accordance with your verbal

request, a bill entitled "An act to provide for the sale of a portion of

the reservation of the confederated Otoe and Missouria and the Sacs and

Foxes of the Missouri tribes of Indians, in the States of Kansas and

Nebraska," with my views thereon, the same having passed both Houses of

Congress and now awaits the approval of the President.

Your attention is respectfully invited to the act of June 10, 1872 (17

U.S. Statutes at Large, p. 391), which provides for the sale of these

reservations, or a portion of them. The whole of both these reservations

has been surveyed, a portion in accordance with this act of Congress and

the remainder with a view to the allotment of lands to the Indians.

The second section of the bill provides for the appraisement of the

whole reservation, while the third section authorizes the sale of a

portion not exceeding 120,000 acres, a portion of which is in Kansas.

The bill authorizes the sale of that portion lying in Kansas through the

land office located at Beatrice, Nebr. No provision is made for the

relief of such Indians, if any there be, who may have settled upon the

portion authorized to be sold, and who may have made improvements

thereon. Moreover, in fulfillment of treaty obligations, the assent of

the Indians to the operations of the whole bill, and not simply to the

first section, should be required, as in the case of the Menominees (16

U.S. Statutes at Large, p. 410). In my opinion, this bill should not

receive the approval of the President.

I have the honor to be, very respectfully, your obedient servant,

J.Q. SMITH, _Commissioner_.

[The Senate proceeded, as the Constitution prescribes, to reconsider

the said bill returned by the President of the United States with his

objections, and pending the question, Shall the bill pass, the

objections of the President of the United States to the contrary

notwithstanding? the following message was received:]

EXECUTIVE MANSION, _August 15, 1876_,

_To the Senate of the United States_:

Upon further investigation I am convinced that my message of this date,

withholding my signature from Senate bill No. 779, entitled "An act to

provide for the sale of a portion of the reservation of the confederated

Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of

Indians, in the States of Kansas and Nebraska," was premature, and I

request, therefore, that the bill may be returned, in order that I may

affix my signature to it.

U.S. GRANT.

[A motion to refer the last message to the Committee on Privileges

and Elections was, after debate, determined in the negative; and the

question recurring, Shall the bill pass, the objections of the President of

the United States to the contrary notwithstanding? it was determined in

the affirmative--yeas 36, nays 0.]

EXECUTIVE MANSION, _August 15, 1876_.

_To the Senate of the United States_:

For the reasons presented in the accompanying communications, submitted

by the Secretary of War, I have the honor to return herewith without my

approval Senate bill No. 561, entitled "An act for the relief of Major

Junius T. Turner."

U.S. GRANT.

WAR DEPARTMENT, _Washington City, August 14, 1876_.

The PRESIDENT.

SIR: I have the honor to return Senate bill 561, "for the relief of

Major Junius T. Turner," with copy of the report of the Adjutant-General

of this date, stating objections to the approval of the bill.

Very respectfully, your obedient servant,

J.D. CAMERON, _Secretary of War_.

WAR DEPARTMENT,

ADJUTANT-GENERAL'S OFFICE,

_August 14, 1876_.

Respectfully returned to the Secretary of War.

The following objections exist to this bill becoming a law:

The bill as passed both Houses awards "such sum as shall equal the

travel pay of a captain of volunteers from Washington, D.C., to San

Francisco, Cal.," whereas at the date of the discharge of Junius T.

Turner he was a private of Company B, California Battalion, Second

Massachusetts Cavalry, and not a commissioned officer.

Aside from this, under the established regulations and rulings of the

Treasury and War Departments, "a soldier, on receiving and accepting

a commission as a company officer, is not entitled to traveling

allowances." A departure from this rule, heretofore adhered to, would

open up a very wide field for similar claims.

Private Junius T. Turner, Second Massachusetts Cavalry, was discharged

by way of favor March 28, 1864, to accept promotion as second

lieutenant, Third Maryland Cavalry, and was mustered as of that grade in

said regiment March 29, 1864.

He was honorably discharged September 7, 1865, as captain, Third

Maryland Cavalry, as set forth in the inclosed official copy of a

letter[113] from this office, dated June 7, 1876, to Hon. C.D. MacDougall,

M.C., of Committee on Military Affairs, House of Representatives.

E.D. TOWNSEND, _Adjutant-General_.

[Footnote 113: Omitted.]

[The Senate proceeded, as the Constitution prescribes, to reconsider

the said bill returned by the President of the United States with

his objections, and pending the question, Shall the bill pass, the

objections of the President of the United States to the contrary

notwithstanding? it was ordered that the message be referred to the

Committee on Military Affairs. At the next (second) session of the

Forty-fourth Congress the following message was received:]

EXECUTIVE MANSION, _January 12, 1877_.

_To the Senate of the United States_:

On the eve of the adjournment of the last session of Congress I returned

to the Senate bill No. 561, entitled "An act for the relief of Major

Junius T. Turner," with my objections to its becoming a law. I now

desire to withdraw those objections, as I am satisfied they were made

under a misapprehension of the facts.

U.S. GRANT.

[This message was also referred to the Committee on Military Affairs,

which committee, on February 13, 1877, reported to the Senate a

recommendation that the bill do pass, the objections of the President of

the United States to the contrary notwithstanding. No action was taken.]

PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by the first section of an act entitled "An act to authorize the

President to accept for citizens of the United States the jurisdiction

of certain tribunals in the Ottoman dominions and Egypt, established or

to be established under the authority of the Sublime Porte and of the

Government of Egypt," approved March 23, 1874, it was enacted as

follows:

That whenever the President of the United States shall receive

satisfactory information that the Ottoman Government or that of Egypt

has organized other tribunals on a basis likely to secure to citizens of

the United States in their domains the same impartial justice which they

now enjoy there under the judicial functions exercised by the minister,

consuls, and other functionaries of the United States pursuant to the

act of Congress approved the 22d of June, 1860, entitled "An act to

carry into effect provisions of the treaties between the United States,

China, Persia, and other countries giving certain judicial powers to

ministers and consuls or other functionaries of the United States in

those countries, and for other purposes," he is hereby authorized to

suspend the operations of said acts as to the dominions in which such

tribunals may be organized so far as the jurisdiction of said tribunals

may embrace matters now cognizable by the minister, consuls, or other

functionaries of the United States in said dominions, and to notify the

Government of the Sublime Porte, or that of Egypt, or either of them,

that the United States during such suspension will, as aforesaid, accept

for their citizens the jurisdiction of the tribunals aforesaid over

citizens of the United States which has heretofore been exercised by the

minister, consuls, or other functionaries of the United States.

And whereas satisfactory information has been received by me that the

Government of Egypt has organized other tribunals on a basis likely

to secure to citizens of the United States in the dominions subject

to such Government the impartial justice which they now enjoy there

under the judicial functions exercised by the minister, consul, or other

functionaries of the United States pursuant to the said act of Congress

approved June 22, 1860:

Now, therefore, I, Ulysses S. Grant, President of the United States of

America, by virtue of the power and authority conferred upon me by the

said act approved March 23, 1874, do hereby suspend during the pleasure

of the President the operation of the said act approved June 22, 1860,

as to the said dominions subject to the Government of Egypt in which

such tribunals have been organized, so far as the jurisdiction of said

tribunals may embrace matters now cognizable by the minister, consuls,

or other functionaries of the United States in said dominions, except

as to cases actually commenced before the date hereof.

In witness whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 27th day of March, A.D. 1876, and

of the Independence of the United States of America the one hundredth.

U.S. GRANT.

By the President:

HAMILTON FISH,

_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas a joint resolution of the Senate and House of Representatives of

the United States was duly approved on the 13th day of March last, which

resolution is as follows:

_Be it resolved by the Senate and House of Representatives of the

United States of America in Congress assembled_, That it be, and is

hereby, recommended by the Senate and House of Representatives to

the people of the several States that they assemble in their several

counties or towns on the approaching centennial anniversary of our

national independence, and that they cause to have delivered on such

day an historical sketch of said county or town from its formation,

and that a copy of said sketch may be filed, in print or manuscript,

in the clerk's office of said county, and an additional copy, in print

or manuscript, be filed in the office of the Librarian of Congress,

to the intent that a complete record may thus be obtained of the

progress of our institutions during the first centennial of their

existence.

And whereas it is deemed proper that such recommendation be brought to

the notice and knowledge of the people of the United States:

Now, therefore, I, Ulysses S. Grant, President of the United States, do

hereby declare and make known the same, in the hope that the object of

such resolution may meet the approval of the people of the United States

and that proper steps may be taken to carry the same into effect.

[SEAL.]

Given under my hand, at the city of Washington, the 25th day of May,

A.D. 1876, and of the Independence of the United States the one

hundredth.

U.S. GRANT.

By the President:

HAMILTON FISH,

_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

The centennial anniversary of the day on which the people of the United

States declared their right to a separate and equal station among the

powers of the earth seems to demand an exceptional observance.

The founders of the Government, at its birth and in its feebleness,

invoked the blessings and the protection of a Divine Providence, and

the thirteen colonies and three millions of people have expanded into

a nation of strength and numbers commanding the position which then was

asserted and for which fervent prayers were then offered.

It seems fitting that on the occurrence of the hundredth anniversary of

our existence as a nation a grateful acknowledgment should be made to

Almighty God for the protection and the bounties which He has vouchsafed

to our beloved country.

I therefore invite the good people of the United States, on the

approaching 4th day of July, in addition to the usual observances with

which they are accustomed to greet the return of the day, further,

in such manner and at such time as in their respective localities and

religious associations may be most convenient, to mark its recurrence

by some public religious and devout thanksgiving to Almighty God for

the blessings which have been bestowed upon us as a nation during the

century of our existence, and humbly to invoke a continuance of His

favor and of His protection.

In witness whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 26th day of June, A.D. 1876, and of

the Independence of the United States of America the one hundredth.

U.S. GRANT.

By the President:

HAMILTON FISH,

_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Congress of the United States did, by an act approved on the

3d day of March, 1875, authorize the inhabitants of the Territory of

Colorado to form for themselves out of said Territory a State government

with the name of the State of Colorado, and for the admission of such

State into the Union on an equal footing with the original States upon

certain conditions in said act specified; and

Whereas it was provided by said act of Congress that the convention

elected by the people of said Territory to frame a State constitution

should, when assembled for that purpose and after organization, declare

on behalf of the people that they adopt the Constitution of the United

States, and should also provide by an ordinance, irrevocable without

the consent of the United States and the people of said State, that

perfect toleration of religious sentiment shall be secured and that no

inhabitant of said State shall ever be molested in person or property

on account of his or her mode of religious worship, and that the people

inhabiting said Territory do agree and declare that they forever

disclaim all right and title to the unappropriated public lands lying

within said Territory and that the same shall be and remain at the

sole and entire disposition of the United States, and that the lands

belonging to citizens of the United States residing without the said

State shall never be taxed higher than the lands belonging to residents

thereof, and that no taxes shall be imposed by the State on lands or

property therein belonging to or which may hereafter be purchased by

the United States; and

Whereas it was further provided by said act that the constitution

thus formed for the people of the Territory of Colorado should, by an

ordinance of the convention forming the same, be submitted to the people

of said Territory for ratification or rejection at an election to be

held in the month of July, 1876, at which election the lawful voters

of said new State should vote directly for or against the proposed

constitution, and the returns of said election should be made to the

acting governor of the Territory, who, with the chief justice and United

States attorney of said Territory, or any two of them, should canvass

the same, and, if a majority of legal votes should be cast for said

constitution in said proposed State the said acting governor should

certify the same to the President of the United States, together with

a copy of said constitution and ordinances, whereupon it should be the

duty of the President of the United States to issue his proclamation

declaring the State admitted into the Union on an equal footing with

the original States, without any further action whatever on the part

of Congress; and

Whereas it has been certified to me by the acting governor of said

Territory of Colorado that within the time prescribed by said act of

Congress a constitution for said proposed State has been adopted and the

same ratified by a majority of the legal voters of said proposed new

State, in accordance with the conditions prescribed by said act of

Congress; and

Whereas a duly authenticated copy of said constitution and of the

declaration and ordinance required by said act has been received by me:

Now, therefore, I, Ulysses S. Grant, President of the United States of

America, do, in accordance with the provisions of the act of Congress

aforesaid, declare and proclaim the fact that the fundamental conditions

imposed by Congress on the State of Colorado to entitle that State to

admission to the Union have been ratified and accepted, and that the

admission of the said State into the Union is now complete.

In testimony whereof I have hereunto set my hand and have caused the

seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 1st day of August, A.D. 1876, and

of the Independence of the United States of America the one hundred and

first.

U.S. GRANT.

By the President:

HAMILTON FISH,

_Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by Article V of a convention concluded at Washington upon the

30th day of January, 1875, between the United States of America and His

Majesty the King of the Hawaiian Islands it was provided as follows,

viz:

The present convention shall take effect as soon as it shall have been

approved and proclaimed by His Majesty the King of the Hawaiian Islands

and shall have been ratified and duly proclaimed on the part of the

Government of the United States, but not until a law to carry it into

operation shall have been passed by the Congress of the United States

of America. Such assent having been given and the ratifications of

the convention having been exchanged as provided in Article VI, the

convention shall remain in force for seven years from the date at which

it may come into operation, and, further, until the expiration of twelve

months after either of the high contracting parties shall give notice

to the other of its wish to terminate the same, each of the high

contracting parties being at liberty to give such notice to the other

at the end of the said term of seven years or at any time thereafter.

And whereas such convention has been approved and proclaimed by His

Majesty the King of the Hawaiian Islands and has been ratified and duly

proclaimed on the part of the United States, and a law to carry the same

into operation has been passed by the Congress of the United States, and

the ratifications of the convention have been exchanged as provided in

Article VI thereof; and

Whereas the Acting Secretary of State of the United States and His

Majesty's envoy extraordinary and minister plenipotentiary at Washington

have recorded in a protocol a conference held by them at Washington on

the 9th day of September, 1876, in the following language:

Whereas it is provided by Article V of the convention between the United

States of America and His Majesty the King of the Hawaiian Islands

concerning commercial reciprocity, signed at Washington on the 30th day

of January, 1875, as follows:

"Art. V. The present convention shall take effect as soon as it shall

have been approved and proclaimed by His Majesty the King of the

Hawaiian Islands and shall have been ratified and duly proclaimed on

the part of the Government of the United States, but not until the law

to carry it into operation shall have been passed by the Congress of

the United States of America. Such assent having been given and the

ratifications of the convention having been exchanged as provided in

Article VI, the convention shall remain in force for seven years from

the date at which it may come into operation, and, further, until the

expiration of twelve months after either of the high contracting parties

shall give notice to the other of its wish to terminate the same, each

of the high contracting parties being at liberty to give such notice to

the other at the end of the said term of seven years or at any time

thereafter;" and

Whereas the said convention has been approved and proclaimed by His

Majesty the King of the Hawaiian Islands, and has been ratified and duly

proclaimed on the part of the Government of the United States; and

Whereas an act was passed by the Senate and House of Representatives of

the United States of America in Congress assembled, entitled "An act to

carry into effect a convention between the United States of America and

His Majesty the King of the Hawaiian Islands signed on the 30th day of

January, 1875," which was approved on the 15th day of August, in the

year 1876; and

Whereas an act was passed by the Legislative Assembly of the Hawaiian

Islands entitled "An act to carry into effect a convention between His

Majesty the King and the United States of America signed at Washington

on the 30th day of January; 1875," which was duly approved on the 18th

day of July, in the year 1876; and

Whereas the ratifications of the said convention have been exchanged as

provided in Article VI:

The undersigned, William Hunter, Acting Secretary of State of the

United States of America, and the Hon. Elisha H. Allen, chief justice

of the supreme court, chancellor of the Kingdom, member of the privy

council of state, and His Majesty's envoy extraordinary and minister

plenipotentiary to the United States of America, duly authorized for

this purpose by their respective Governments, have met together at

Washington, and, having found the said convention has been approved and

proclaimed by His Majesty the King of the Hawaiian Islands and has been

ratified and duly proclaimed on the part of the Government of the United

States, and that the laws required to carry the said treaty into

operation have been passed by the Congress of the United States of

America on the one part and by the Legislative Assembly of the Hawaiian

Islands on the other, hereby declare that the convention aforesaid,

concluded between the United States of America and His Majesty the King

of the Hawaiian Islands on the 30th day of January, 1875, will take

effect on the date hereof.

Now, therefore, I, Ulysses S. Grant, President of the United States

of America, in pursuance of the premises, do declare that the said

convention has been approved and proclaimed by His Majesty the King

of the Hawaiian Islands and been ratified and duly proclaimed on the

part of the Government of the United States, and that the necessary

legislation has been passed to carry the same into effect, and that the

ratifications of the convention have been exchanged as provided in

Article VI.

In testimony whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done in the city of Washington, this 9th day of September, A.D. 1876,

and of the Independence of the United States of America the one hundred

and first.

U.S. GRANT.

By the President:

W. HUNTER,

_Acting Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas it has been satisfactorily shown to me that insurrection and

domestic violence exist in several counties of the State of South

Carolina, and that certain combinations of men against law exist in

many counties of said State known as "rifle clubs," who ride up and

down by day and night in arms, murdering some peaceable citizens and

intimidating others, which combinations, though forbidden by the laws of

the State, can not be controlled or suppressed by the ordinary course of

justice; and

Whereas it is provided in the Constitution of the United States that the

United States shall protect every State in this Union, on application of

the legislature, or of the executive (when the legislature can not be

convened), against domestic violence; and

Whereas by laws in pursuance of the above it is provided (in the laws of

the United States) that in all cases of insurrection in any State or of

obstruction to the laws thereof it shall be lawful for the President of

the United States, on application of the legislature of such State, or

of the executive (when the legislature can not be convened), to call

forth the militia of any other State or States, or to employ such part

of the land and naval forces as shall be judged necessary, for the

purpose of suppressing such insurrection or causing the laws to be duly

executed; and

Whereas the legislature of said State is not now in session and can not

be convened in time to meet the present emergency and the executive of

said State, under section 4 of Article IV of the Constitution of the

United States and the laws passed in pursuance thereof, has therefore

made due application to me in the premises for such part of the military

force of the United States as may be necessary and adequate to protect

said State and the citizens thereof against domestic violence and to

enforce the due execution of the laws; and

Whereas it is required that whenever it may be necessary, in the

judgment of the President, to use the military force for the purpose

aforesaid, he shall forthwith, by proclamation, command such insurgents

to disperse and retire peaceably to their respective homes within a

limited time:

Now, therefore, I, Ulysses S. Grant, President of the United States,

do hereby make proclamation and command all persons engaged in said

unlawful and insurrectionary proceedings to disperse and retire

peaceably to their respective abodes within three days from this date,

and hereafter abandon said combinations and submit themselves to the

laws and constituted authorities of said State.

And I invoke the aid and cooperation of all good citizens thereof to

uphold the laws and preserve the public peace.

In witness whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 17th day of October, A.D. 1876, and

of the Independence of the United States one hundred and one.

U.S. GRANT.

By the President:

JOHN L. CADWALADER,

_Acting Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

From year to year we have been accustomed to pause in our daily pursuits

and set apart a time to offer our thanks to Almighty God for the special

blessings He has vouchsafed to us, with our prayers for a continuance

thereof.

We have at this time equal reason to be thankful for His continued

protection and for the many material blessings which His bounty has

bestowed.

In addition to these favors accorded to us as individuals, we have

especial occasion to express our hearty thanks to Almighty God that by

His providence and guidance our Government, established a century ago,

has been enabled to fulfill the purpose of its founders in offering an

asylum to the people of every race, securing civil and religious liberty

to all within its borders, and meting out to every individual alike

justice and equality before the law.

It is, moreover, especially our duty to offer our humble prayers to the

Father of All Mercies for a continuance of His divine favor to us as a

nation and as individuals.

By reason of all these considerations, I, Ulysses S. Grant, President of

the United States, do recommend to the people of the United States to

devote the 30th day of November next to the expression of their thanks

and prayers to Almighty God, and, laying aside their daily avocations

and all secular occupations, to assemble in their respective places of

worship and observe such day as a day of thanksgiving and rest.

In witness whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 26th day of October, A.D. 1876, and

of the Independence of the United States of America the one hundred and

first.

U.S. GRANT.

By the President:

HAMILTON FISH,

_Secretary of State_.

EXECUTIVE ORDERS.

EXECUTIVE MANSION, _Washington, May 20, 1876_.

SIR:[114] The President directs me to say that the several Departments of

the Government will be closed on Tuesday, the 30th instant, to enable the

employees to participate in the decoration of the graves of the soldiers

who fell during the rebellion.

I am, sir, your obedient servant,

C.C. SNIFFEN, _Secretary_.

[Footnote 114: Addressed to the heads of the Executive Departments, etc.]

WAR DEPARTMENT, _Washington City, August 10, 1876_.

By direction of the President, General W.T. Sherman and

Brigadier-General M.C. Meigs, Quartermaster-General United States Army,

are appointed members of the commission to examine "the whole subject of

reform and reorganization of the Army of the United States," as provided

by section 4, act approved July 24, 1876, "making appropriations for the

support of the Army for the fiscal year ending June 30, 1877, and for

other purposes."

J.D. CAMERON, _Secretary of War_.

WASHINGTON, _August 21, 1876_.

It is with extreme pain that the President announces to the

people of the United States the death of the Speaker of the House

of Representatives, the Hon. Michael C. Kerr, of Indiana.

A man of great intellectual endowments, large culture, great probity and

earnestness in his devotion to the public interests, has passed from the

position, power, and usefulness to which he had been recently called.

The body over which he had been selected to preside not being in

session to render its tribute of affection and respect to the memory of

the deceased, the President invites the people of the United States to a

solemn recognition of the public and private worth and the services of a

pure and eminent character.

U.S. GRANT.

By the President:

JOHN L. CADWALADER,

_Acting Secretary of State_.

EXECUTIVE MANSION, _November 23, 1876_.

A joint resolution adopted by Congress August 5, 1876, declares that--

Whereas it is ascertained that the hostile Indians of the Northwest are

largely equipped with arms which require special metallic cartridges,

and that such special ammunition is in large part supplied to such

hostile Indians, directly or indirectly, through traders and others in

the Indian country: Therefore,

_Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled_, That the President of the

United States is hereby authorized and requested to take such measures

as in his judgment may be necessary to prevent such special metallic

ammunition being conveyed to such hostile Indians, and is further

authorized to declare the same contraband of war in such district of

country as he may designate during the continuance of hostilities.

To carry into effect the above-cited resolution, the sale of fixed

ammunition or metallic cartridges by any trader or other person in

any district of the Indian country occupied by hostile Indians, or

over which they roam, is hereby prohibited; and all such ammunition or

cartridges introduced into said country by traders or other persons,

and that are liable in any way or manner, directly or indirectly, to

be received by such hostile Indians, shall be deemed contraband of war,

seized by any military officer and confiscated; and the district of

country to which this prohibition shall apply during the continuance

of hostilities is hereby designated as that which embraces all Indian

country, or country occupied by Indians or subject to their visits,

lying within the Territories of Montana, Dakota, and Wyoming and the

States of Nebraska and Colorado.

U.S. GRANT.

EIGHTH ANNUAL MESSAGE.

EXECUTIVE MANSION, _December 5, 1876_.

_To the Senate and House of Representatives_:

In submitting my eighth and last annual message to Congress it seems

proper that I should refer to and in some degree recapitulate the events

and official acts of the past eight years.

It was my fortune, or misfortune, to be called to the office of Chief

Executive without any previous political training. From the age of 17

I had never even witnessed the excitement attending a Presidential

campaign but twice antecedent to my own candidacy, and at but one of

them was I eligible as a voter.

Under such circumstances it is but reasonable to suppose that

errors of judgment must have occurred. Even had they not, differences

of opinion between the Executive, bound by an oath to the strict

performance of his duties, and writers and debaters must have arisen.

It is not necessarily evidence of blunder on the part of the Executive

because there are these differences of views. Mistakes have been made,

as all can see and I admit, but it seems to me oftener in the selections

made of the assistants appointed to aid in carrying out the various

duties of administering the Government--in nearly every case selected

without a personal acquaintance with the appointee, but upon

recommendations of the representatives chosen directly by the people.

It is impossible, where so many trusts are to be allotted, that the

right parties should be chosen in every instance. History shows that no

Administration from the time of Washington to the present has been free

from these mistakes. But I leave comparisons to history, claiming only

that I have acted in every instance from a conscientious desire to do

what was right, constitutional, within the law, and for the very best

interests of the whole people. Failures have been errors of judgment,

not of intent.

My civil career commenced, too, at a most critical and difficult time.

Less than four years before, the country had emerged from a conflict

such as no other nation had ever survived. Nearly one-half of the States

had revolted against the Government, and of those remaining faithful

to the Union a large percentage of the population sympathized with the

rebellion and made an "enemy in the rear" almost as dangerous as the

more honorable enemy in the front. The latter committed errors of

judgment, but they maintained them openly and courageously; the former

received the protection of the Government they would see destroyed, and

reaped all the pecuniary advantage to be gained out of the then existing

state of affairs, many of them by obtaining contracts and by swindling

the Government in the delivery of their goods.

Immediately on the cessation of hostilities the then noble President,

who had carried the country so far through its perils, fell a martyr

to his patriotism at the hands of an assassin.

A Compilation of the Messages and Papers of the Presidents. Volume 7, part 1: Ulysses S. Grant · 第 9 / 10 章