GROVER CLEVELAND
March 4, 1893, to March 4, 1897
Grover Cleveland
[For portrait and biographical sketch see Vol. VIII, pp. 296-299.]
INAUGURAL ADDRESS.
MY FELLOW-CITIZENS: In obedience to the mandate of my countrymen
I am about to dedicate myself to their service under the sanction of
a solemn oath. Deeply moved by the expression of confidence and personal
attachment which has called me to this service, I am sure my gratitude
can make no better return than the pledge I now give before God and
these witnesses of unreserved and complete devotion to the interests
and welfare of those who have honored me.
I deem it fitting on this occasion, while indicating the opinions I hold
concerning public questions of present importance, to also briefly refer
to the existence of certain conditions and tendencies among our people
which seem to menace the integrity and usefulness of their Government.
While every American citizen must contemplate with the utmost pride and
enthusiasm the growth and expansion of our country, the sufficiency of
our institutions to stand against the rudest shocks of violence, the
wonderful thrift and enterprise of our people, and the demonstrated
superiority of our free government, it behooves us to constantly watch
for every symptom of insidious infirmity that threatens our national
vigor.
The strong man who in the confidence of sturdy health courts the
sternest activities of life and rejoices in the hardihood of constant
labor may still have lurking near his vitals the unheeded disease that
dooms him to sudden collapse.
It can not be doubted that our stupendous achievements as a people and
our country's robust strength have given rise to heedlessness of those
laws governing our national health which we can no more evade than human
life can escape the laws of God and nature.
Manifestly nothing is more vital to our supremacy as a nation and to the
beneficent purposes of our Government than a sound and stable currency.
Its exposure to degradation should at once arouse to activity the most
enlightened statesmanship, and the danger of depreciation in the
purchasing power of the wages paid to toil should furnish the strongest
incentive to prompt and conservative precaution.
In dealing with our present embarrassing situation as related to this
subject we will be wise if we temper our confidence and faith in our
national strength and resources with the frank concession that even
these will not permit us to defy with impunity the inexorable laws
of finance and trade. At the same time, in our efforts to adjust
differences of opinion we should be free from intolerance or passion,
and our judgments should be unmoved by alluring phrases and unvexed
by selfish interests.
I am confident that such an approach to the subject will result in
prudent and effective remedial legislation. In the meantime, so far as
the executive branch of the Government can intervene, none of the powers
with which it is invested will be withheld when their exercise is deemed
necessary to maintain our national credit or avert financial disaster.
Closely related to the exaggerated confidence in our country's greatness
which tends to a disregard of the rules of national safety, another
danger confronts us not less serious. I refer to the prevalence of a
popular disposition to expect from the operation of the Government
especial and direct individual advantages.
The verdict of our voters which condemned the injustice of maintaining
protection for protection's sake enjoins upon the people's servants the
duty of exposing and destroying the brood of kindred evils which are
the unwholesome progeny of paternalism. This is the bane of republican
institutions and the constant peril of our government by the people.
It degrades to the purposes of wily craft the plan of rule our fathers
established and bequeathed to us as an object of our love and
veneration. It perverts the patriotic sentiments of our countrymen and
tempts them to pitiful calculation of the sordid gain to be derived
from their Government's maintenance. It undermines the self-reliance of
our people and substitutes in its place dependence upon governmental
favoritism. It stifles the spirit of true Americanism and stupefies
every ennobling trait of American citizenship.
The lessons of paternalism ought to be unlearned and the better lesson
taught that while the people should patriotically and cheerfully support
their Government its functions do not include the support of the people.
The acceptance of this principle leads to a refusal of bounties and
subsidies, which burden the labor and thrift of a portion of our
citizens to aid ill-advised or languishing enterprises in which they
have no concern. It leads also to a challenge of wild and reckless
pension expenditure, which overleaps the bounds of grateful recognition
of patriotic service and prostitutes to vicious uses the people's prompt
and generous impulse to aid those disabled in their country's defense.
Every thoughtful American must realize the importance of checking at its
beginning any tendency in public or private station to regard frugality
and economy as virtues which we may safely outgrow. The toleration of
this idea results in the waste of the people's money by their chosen
servants and encourages prodigality and extravagance in the home life
of our countrymen.
Under our scheme of government the waste of public money is a crime
against the citizen, and the contempt of our people for economy and
frugality in their personal affairs deplorably saps the strength and
sturdiness of our national character.
It is a plain dictate of honesty and good government that public
expenditures should be limited by public necessity, and that this should
be measured by the rules of strict economy; and it is equally clear that
frugality among the people is the best guaranty of a contented and
strong support of free institutions.
One mode of the misappropriation of public funds is avoided when
appointments to office, instead of being the rewards of partisan
activity, are awarded to those whose efficiency promises a fair return
of work for the compensation paid to them. To secure the fitness and
competency of appointees to office and remove from political action the
demoralizing madness for spoils, civil-service reform has found a place
in our public policy and laws. The benefits already gained through this
instrumentality and the further usefulness it promises entitle it to the
hearty support and encouragement of all who desire to see our public
service well performed or who hope for the elevation of political
sentiment and the purification of political methods.
The existence of immense aggregations of kindred enterprises and
combinations of business interests formed for the purpose of limiting
production and fixing prices is inconsistent with the fair field which
ought to be open to every independent activity. Legitimate strife in
business should not be superseded by an enforced concession to the
demands of combinations that have the power to destroy, nor should the
people to be served lose the benefit of cheapness which usually results
from wholesome competition. These aggregations and combinations
frequently constitute conspiracies against the interests of the people,
and in all their phases they are unnatural and opposed to our American
sense of fairness. To the extent that they can be reached and restrained
by Federal power the General Government should relieve our citizens from
their interference and exactions.
Loyalty to the principles upon which our Government rests positively
demands that the equality before the law which it guarantees to every
citizen should be justly and in good faith conceded in all parts of the
land. The enjoyment of this right follows the badge of citizenship
wherever found, and, unimpaired by race or color, it appeals for
recognition to American manliness and fairness.
Our relations with the Indians located within our border impose upon us
responsibilities we can not escape. Humanity and consistency require us
to treat them with forbearance and in our dealings with them to honestly
and considerately regard their rights and interests. Every effort should
be made to lead them, through the paths of civilization and education,
to self-supporting and independent citizenship. In the meantime, as the
nation's wards, they should be promptly defended against the cupidity of
designing men and shielded from every influence or temptation that
retards their advancement.
The people of the United States have decreed that on this day the
control of their Government in its legislative and executive branches
shall be given to a political party pledged in the most positive terms
to the accomplishment of tariff reform. They have thus determined in
favor of a more just and equitable system of Federal taxation. The
agents they have chosen to carry out their purposes are bound by their
promises not less than by the command of their masters to devote
themselves unremittingly to this service.
While there should be no surrender of principle, our task must be
undertaken wisely and without heedless vindictiveness. Our mission is
not punishment, but the rectification of wrong. If in lifting burdens
from the daily life of our people we reduce inordinate and unequal
advantages too long enjoyed, this is but a necessary incident of
our return to right and justice. If we exact from unwilling minds
acquiescence in the theory of an honest distribution of the fund of the
governmental beneficence treasured up for all, we but insist upon a
principle which underlies our free institutions. When we tear aside the
delusions and misconceptions which have blinded our countrymen to their
condition under vicious tariff laws, we but show them how far they have
been led away from the paths of contentment and prosperity. When we
proclaim that the necessity for revenue to support the Government
furnishes the only justification for taxing the people, we announce
a truth so plain that its denial would seem to indicate the extent to
which judgment may be influenced by familiarity with perversions of the
taxing power. And when we seek to reinstate the self-confidence and
business enterprise of our citizens by discrediting an abject dependence
upon governmental favor, we strive to stimulate those elements of
American character which support the hope of American achievement.
Anxiety for the redemption of the pledges which my party has made and
solicitude for the complete justification of the trust the people have
reposed in us constrain me to remind those with whom I am to cooperate
that we can succeed in doing the work which has been especially set
before us only by the most sincere, harmonious, and disinterested
effort. Even if insuperable obstacles and opposition prevent the
consummation of our task, we shall hardly be excused; and if failure can
be traced to our fault or neglect we may be sure the people will hold us
to a swift and exacting accountability.
The oath I now take to preserve, protect, and defend the Constitution of
the United States not only impressively defines the great responsibility
I assume, but suggests obedience to constitutional commands as the rule
by which my official conduct must be guided. I shall to the best of my
ability and within my sphere of duty preserve the Constitution by loyally
protecting every grant of Federal power it contains, by defending all
its restraints when attacked by impatience and restlessness, and by
enforcing its limitations and reservations in favor of the States and
the people.
Fully impressed with the gravity of the duties that confront me and
mindful of my weakness, I should be appalled if it were my lot to bear
unaided the responsibilities which await me. I am, however, saved from
discouragement when I remember that I shall have the support and the
counsel and cooperation of wise and patriotic men who will stand at my
side in Cabinet places or will represent the people in their legislative
halls.
I find also much comfort in remembering that my countrymen are just and
generous and in the assurance that they will not condemn those who by
sincere devotion to their service deserve their forbearance and
approval.
Above all, I know there is a Supreme Being who rules the affairs of men
and whose goodness and mercy have always followed the American people,
and I know He will not turn from us now if we humbly and reverently seek
His powerful aid.
MARCH 4, 1893.
SPECIAL MESSAGES.
EXECUTIVE MANSION, _Washington, March 9, 1893_.
_To the Senate of the United States_:
I transmit herewith a report submitted by the Secretary of State in
compliance with the resolution of the Senate of the 3d instant, calling
for information relating to the capture and imprisonment of Captain
Pharos B. Brubaker by Honduras officials.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, March 9, 1893_.
_To the Senate of the United States_:
For the purpose of reexamination I withdraw the treaty of annexation
between the United States and the Provisional Government of the Hawaiian
Islands, now pending in the Senate, which was signed February 14, 1893,
and transmitted to the Senate on the 15th of the same month, and
I therefore request that said treaty be returned to me.
GROVER CLEVELAND.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The following provisions of the laws of the United States are hereby
published for the information of all concerned:
Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that--
No person shall kill any otter, mink, marten, sable, or fur seal, or
other fur-bearing animal within the limits of Alaska Territory or in the
waters thereof; and every person guilty thereof shall for each offense
be fined not less than $200 nor more than $1,000, or imprisoned not
more than six months, or both; and all vessels, their tackle, apparel,
furniture, and cargo, found engaged in violation of this section shall
be forfeited; but the Secretary of the Treasury shall have power to
authorize the killing of any such mink, marten, sable, or other
fur-bearing animal, except fur seals, under such regulations as he may
prescribe; and it shall be the duty of the Secretary to prevent the
killing of any fur seal and to provide for the execution of the
provisions of this section until it is otherwise provided by law, nor
shall he grant any special privileges under this section.
Section 3 of the act entitled "An act to provide for the protection of
the salmon fisheries of Alaska," approved March 2, 1889, provides that--
SEC. 3. That section 1956 of the Revised Statutes of the United States
is hereby declared to include and apply to all the dominion of the
United States in the waters of Bering Sea; and it shall be the duty of
the President at a timely season in each year to issue his proclamation,
and cause the same to be published for one month in at least one
newspaper (if any such there be) published at each United States port of
entry on the Pacific coast, warning all persons against entering said
waters for the purpose of violating the provisions of said section;
and he shall also cause one or more vessels of the United States to
diligently cruise said waters and arrest all persons and seize all
vessels found to be or to have been engaged in any violation of the
laws of the United States therein.
Articles I, II, and III of a convention between the United States of
America and Great Britain for the renewal of the existing _modus
vivendi_ in Bering Sea, concluded April 18, 1892, are published for
the same purpose:
ARTICLE I. Her Majesty's Government will prohibit during the pendency of
the arbitration seal killing in that part of Bering Sea lying eastward
of the line of demarcation described in Article No. I of the treaty of
1867 between the United States and Russia, and will promptly use its
best efforts to insure the observance of this prohibition by British
subjects and vessels.
ART. II. The United States Government will prohibit seal killing for the
same period in the same part of Bering Sea and on the shores and islands
thereof the property of the United States (in excess of 7,500 to be
taken on the islands for the subsistence of the natives), and will
promptly use its best efforts to insure the observance of this
prohibition by United States citizens and vessels.
ART. III. Every vessel or person offending against this prohibition in
the said waters of Bering Sea outside of the ordinary territorial limits
of the United States may be seized and detained by the naval or other
duly commissioned officers of either of the high contracting parties,
but they shall be handed over as soon as practicable to the authorities
of the nation to which they respectively belong, who alone shall have
jurisdiction to try the offense and impose the penalties for the same.
The witnesses and proof necessary to establish the offense shall also
be sent with them.
Now, therefore, I, Grover Cleveland, President of the United States,
hereby warn all persons against entering the waters of Bering Sea within
the dominion of the United States for the purpose of violating the
provisions of said section 1936 of the Revised Statutes and of the said
articles of said convention, and I hereby proclaim that all persons
found to be or to have been engaged in any violation of the laws of the
United States or of the provisions of said convention in said waters
will be arrested, proceeded against, and punished as above provided.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 8th day of April, 1893, and of the
Independence of the United States the one hundred and seventeenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided by section 13 of the act of Congress of March 3,
1891, entitled "An act to amend Title LX, chapter 3, of the Revised
Statutes of the United States, relating to copyrights," that said act
"shall only apply to a citizen or subject of a foreign state or nation
when such foreign state or nation permits to citizens of the United
States of America the benefit of copyright on substantially the same
basis as its own citizens, or when such foreign state or nation is a
party to an international agreement which provides for reciprocity in
the granting of copyright, by the terms of which agreement the United
States of America may at its pleasure become a party to such agreement;"
and
Whereas it is also provided by said section that "the existence of
either of the conditions aforesaid shall be determined by the President
of the United States by proclamation made from time to time as the
purposes of this act may require;" and
Whereas satisfactory official assurances have been given that in Denmark
the law permits to citizens of the United States the benefit of
copyright on substantially the same basis as to the subjects of Denmark:
Now, therefore, I, Grover Cleveland, President of the United States of
America, do declare and proclaim that the first of the conditions
specified in section 13 of the act of March 3, 1891, now exists and is
fulfilled in respect to the subjects of Denmark.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 8th day of May, 1893, and of the
Independence of the United States the one hundred and seventeenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
EXECUTIVE MANSION, _Washington, D.C., June 30, 1893_.
Whereas the distrust and apprehension concerning the financial situation
which pervade all business circles have already caused great loss and
damage to our people and threaten to cripple our merchants, stop the
wheels of manufacture, bring distress and privation to our farmers, and
withhold from our workingmen the wage of labor; and
Whereas the present perilous condition is largely the result of a
financial policy which the executive branch of the Government finds
embodied in unwise laws, which must be executed until repealed by
Congress:
Now, therefore, I, Grover Cleveland, President of the United States, in
performance of a constitutional duty, do by this proclamation declare
that an extraordinary occasion requires the convening of both Houses
of the Congress of the United States at the Capitol, in the city of
Washington, on the 7th day of August next, at 12 o'clock noon, to the
end that the people may be relieved through legislation from present
and impending danger and distress.
All those entitled to act as members of the Fifty-third Congress are
required to take notice of this proclamation and attend at the time and
place above stated.
Given under my hand and the seal of the United States, at the city of
Washington, on the 30th day of June, A.D. 1893, and of the Independence
of the United States the one hundred and seventeenth.
[SEAL.]
GROVER CLEVELAND.
By the President:
ALVEY A. ADEE,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas an act of Congress amendatory of an act in relation to aiding
vessels wrecked or disabled in the waters conterminous to the United
States and the Dominion of Canada was approved May 24, 1890, the said
act being in the following words:
_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That an act entitled
"An act to aid vessels wrecked or disabled in the waters conterminous to
the United States and the Dominion of Canada," approved June 19, 1878,
be, and the same is hereby, amended so that the same will read as
follows:
"That Canadian vessels and wrecking appurtenance may render aid and
assistance to Canadian or other vessels and property wrecked, disabled,
or in distress in the waters of the United States contiguous to the
Dominion of Canada: _Provided_, That this act shall not take effect
until proclamation by the President of the United States that the
privilege of aiding American or other vessels and property wrecked,
disabled, or in distress in Canadian waters contiguous to the United
States has been extended by the government of the Dominion of Canada to
American vessels and wrecking appliances of all descriptions. This act
shall be construed to apply to the Welland Canal, the canal and
improvement of the waters between Lake Erie and Lake Huron, and to the
waters of the St. Marys River and Canal: _And provided further_,
That this act shall cease to be in force from and after the date of the
proclamation of the President of the United States to the effect that
said reciprocal privilege has been withdrawn, revoked, or rendered
inoperative by the said government of the Dominion of Canada."
And whereas an act of Congress making appropriation for the legislative,
executive, and judicial expenses of the Government for the fiscal year
ending June 30, 1894, and for other purposes, approved March 3, 1893,
further amended the act of May 24, 1890, as follows:
That an act approved May 24, 1890; entitled "An act to amend an act
entitled 'An act to aid vessels wrecked or disabled in the waters
conterminous to the United States and the Dominion of Canada,' approved
June 19,1878," be, and is hereby, amended by striking out the words
"the Welland Canal."
And whereas by an order in council dated May 17, 1893, the government of
the Dominion of Canada has proclaimed an act entitled "An act respecting
aid by United States wreckers in Canadian waters" to take effect June 1,
1893, said act reading as follows:
Her Majesty, by and with the advice and consent of the senate and house
of commons of Canada, enacts as follows:
1. United States vessels and wrecking appliances may salve any property
wrecked and may render aid and assistance to any vessels wrecked,
disabled, or in distress in the waters of Canada contiguous to the
United States.
2. Aid and assistance include all necessary towing incident thereto.
3. Nothing in the customs or coasting laws of Canada shall restrict the
salving operations of such vessels or wrecking appliances.
4. This act shall come into force from and after a date to be named in a
proclamation by the Governor-General, which proclamation may be issued
when the Governor in council is advised that the privilege of salving
any property wrecked or of aiding any vessels wrecked, disabled, or in
distress in United States waters contiguous to Canada will be extended
to Canadian vessels and wrecking appliances to the extent to which such
privilege is granted by this act to United States vessels and wrecking
appliances.
5. This act shall cease to be in force from and after a date to be named
in a proclamation to be issued by the Governor-General to the effect
that the said reciprocal privilege has been withdrawn, revoked, or
rendered inoperative with respect to Canadian vessels or wrecking
appliances in United States waters contiguous to Canada.
And whereas said proclamation of the Governor-General of Canada was
communicated to this Government by Her Britannic Majesty's ambassador on
the 2d day of June last:
Now, therefore, being thus satisfied that the privilege of aiding
American or other vessels and property wrecked, disabled, or in distress
in Canadian waters contiguous to the United States has been extended
by the government of the Dominion of Canada to American vessels and
wrecking appliances of all descriptions, I, Grover Cleveland, President
of the United States of America, in virtue of the authority conferred
upon me by the aforesaid act of Congress approved May 24, 1890, do
proclaim that the condition specified in the legislation of Congress
aforesaid now exists and is fulfilled, and that the provisions of said
act of May 24, 1890, whereby Canadian vessels and wrecking appliances
may render aid and assistance to Canadian and other vessels and property
wrecked, disabled, or in distress in the waters of the United States
contiguous to the Dominion of Canada, including the canal and improvement
of the waters between Lake Erie and Lake Huron and the waters of the St.
Marys River and Canal, are now in full force and effect.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States of America to be hereunto affixed.
[SEAL.]
Done at the city of Washington, this 17th day of July, A.D. 1893, and
of the Independence of the United States the one hundred and eighteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided by section 13 of the act of Congress of March 3,
1891, entitled "An act to amend Title LX, chapter 3, of the Revised
Statutes of the United States, relating to copyrights," that said act
"shall only apply to a citizen or subject of a foreign state or nation
when such foreign state or nation permits to citizens of the United
States of America the benefit of copyright on substantially the same
basis as its own citizens, or when such foreign state or nation is a
party to an international agreement which provides for reciprocity in
the granting of copyright, by the terms of which agreement the United
States of America may at its pleasure become a party to such agreement;"
and
Whereas it is also provided by said section that "the existence of
either of the conditions aforesaid shall be determined by the President
of the United States by proclamation made from time to time as the
purposes of this act may require;" and
Whereas satisfactory official assurances have been given that in
Portugal the law permits to citizens of the United States the benefit of
copyright on substantially the same basis as to the subjects of
Portugal:
Now, therefore, I, Grover Cleveland, President of the United States of
America, do declare and proclaim that the first of the conditions
specified in section 13 of the act of March 3, 1891, now exists and is
fulfilled in respect to the subjects of Portugal.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 20th day of July, A.D. 1893, and of
the Independence of the United States the one hundred and eighteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
EXECUTIVE ORDERS.
AMENDMENT OF CIVIL-SERVICE RULES.
Departmental Rule VII is hereby amended by adding thereto the following
section:
8. The First Comptroller of the Treasury having advised the Secretary of
the Treasury that under the operation of section 5 of the legislative,
executive, and judicial appropriation act making appropriations for the
fiscal year ending June 30,1894, the employment of substitutes in the
departmental service must cease from and after July 1, 1893, it is
hereby ordered, in view of the fact that the substitutes now employed
were appointed by regular certification under section 7 of this rule,
that such of said substitutes as shall not be appointed to regular
places before the employment of substitutes shall cease shall be
eligible for appointment to regular places by reinstatement under the
provisions of Departmental Rule X, in the order of their employment as
substitutes as provided in said section 7, notwithstanding the
prohibition contained in the second proviso of said section; and said
substitutes shall have preference for appointment in the manner herein
provided over all other eligibles.
This section shall become inoperative and cease to be a part of the
civil-service rules when all of the substitutes now employed in the
several Departments shall have been appointed as herein provided or
shall have ceased to be eligible for appointment by reason of the
expiration of the time within which a reinstatement can be made under
Rule X.
Approved, April 12, 1893.
GROVER CLEVELAND.
EXECUTIVE MANSION, _May 8, 1893_.
It has become apparent after two months' experience that the rules
heretofore promulgated regulating interviews with the President have
wholly failed in their operation. The time which under these rules was
set apart for the reception of Senators and Representatives has been
almost entirely spent in listening to applications for office, which
have been bewildering in volume, perplexing and exhausting in their
iteration, and impossible of remembrance.
A due regard for public duty, which must be neglected if present
conditions continue, and an observance of the limitations placed upon
human endurance oblige me to decline from and after this date all
personal interviews with those seeking appointments to office, except as
I on my own motion may especially invite them. The same considerations
make it impossible for me to receive those who merely desire to pay
their respects except on the days and during the hours especially
designated for that purpose.
I earnestly request Senators and Representatives to aid me in securing
for them uninterrupted interviews by declining to introduce their
constituents and friends when visiting the Executive Mansion during the
hours designated for their reception. Applicants for office will only
prejudice their prospects by repeated importunity and by remaining in
Washington to await results.
GROVER CLEVELAND.
EXECUTIVE MANSION, _May 26, 1893_.
_It is hereby ordered_, That the several Executive Departments and
the Government Printing Office be closed on Tuesday, the 30th instant,
to enable the employees to participate in the decoration of the graves
of the soldiers and sailors who fell in the defense of the Union during
the War of the Rebellion.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
Special Departmental Rule No. 1 is hereby amended as follows: Include
among the places excepted from examination therein the following:
6. In the Department of Agriculture:
In the office of the Secretary: The assistant chiefs of the following
divisions: Of economic ornithology and mammalogy, of pomology, of
microscopy, of vegetable pathology, of records and editing, and one
property clerk.
In the Weather Bureau: The assistant chief of the Bureau, the three
professors of meteorology of highest grade, executive officer,
superintendent of telegraph lines, and one property clerk.
In the United States Commission of Fish and Fisheries the following:
Scientific or professional experts to be temporarily employed in
investigations authorized by Congress, but not to include any persons
regularly employed in that Commission nor any person whose duties are
not scientific or professional and who are not experts in the particular
line of scientific inquiry in which they are to be employed.
EXECUTIVE MANSION, _June 6, 1893_.
The foregoing amendments are hereby approved.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
Postal Rule No. 2 is hereby amended as follows:
Strike out all of section 1 except the last paragraph, relating to
non-competitive examinations, and insert in lieu thereof the following:
1. To test the fitness for admission to the classified postal service
one or more examinations shall be provided, as the Commission may
determine, which shall not include more than the following subjects:
Orthography, copying, penmanship, arithmetic (fundamental rules,
fractions, and percentage), elements of the geography of the United
States, local delivery, reading addresses, physical tests: _Provided_,
That when special examinations are needed to test fitness for any place
requiring special or technical knowledge or skill the examination shall
include, in addition to the special subjects required, such of the
subjects of the regular examination as the Commission may determine.
Strike out section 2 and insert in lieu thereof the following:
No person shall be examined for the position of letter carrier if under
21 or over 40 years of age, and no person shall be examined for any
other position in the classified postal service if under 18 years of
age.
EXECUTIVE MANSION, _June 6, 1893_.
The foregoing amendments are hereby approved.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, June 16, 1893_.
In accordance with section 16 of the act of Congress approved April 25,
1890, and entitled "An act to provide for celebrating the four hundredth
anniversary of the discovery of America by Christopher Columbus by
holding an international exhibition of arts, industries, manufactures,
and the product of the soil, mine, and sea in the city of Chicago, in
the State of Illinois," the designations of the following-named persons
as members of the board of control and management of the Government
exhibit at the World's Columbian Exhibition are hereby approved:
W.W. Rockhill, chief clerk of the Department of State, to represent that
Department, _vice_ William E. Curtis.
Lieutenant-Commander E.D. Taussig, United States Navy, to represent the
Navy Department, _vice_ Captain R.W. Meade, United States Navy.
Frank W. Clark, chemist, United States Geological Survey, to represent
the Department of the Interior, _vice_ Horace A. Taylor.
GROVER CLEVELAND.
SPECIAL SESSION MESSAGE.
EXECUTIVE MANSION, _August 8, 1893_.
_To the Congress of the United States_:
The existence of an alarming and extraordinary business situation,
involving the welfare and prosperity of all our people, has constrained
me to call together in extra session the people's representatives in
Congress, to the end that through a wise and patriotic exercise of the
legislative duty, with which they solely are charged, present evils may
be mitigated and dangers threatening the future may be averted.
Our unfortunate financial plight is not the result of untoward events
nor of conditions related to our natural resources, nor is it traceable
to any of the afflictions which frequently check national growth and
prosperity. With plenteous crops, with abundant promise of remunerative
production and manufacture, with unusual invitation to safe investment,
and with satisfactory assurance to business enterprise, suddenly
financial distrust and fear have sprung up on every side. Numerous
moneyed institutions have suspended because abundant assets were not
immediately available to meet the demands of frightened depositors.
Surviving corporations and individuals are content to keep in hand the
money they are usually anxious to loan, and those engaged in legitimate
business are surprised to find that the securities they offer for loans,
though heretofore satisfactory, are no longer accepted. Values supposed
to be fixed are fast becoming conjectural, and loss and failure have
invaded every branch of business.
I believe these things are principally chargeable to Congressional
legislation touching the purchase and coinage of silver by the General
Government.
This legislation is embodied in a statute passed on the 14th day of
July, 1890, which was the culmination of much agitation on the subject
involved, and which may be considered a truce, after a long struggle,
between the advocates of free silver coinage and those intending to be
more conservative.
Undoubtedly the monthly purchases by the Government of 4,500,000
ounces of silver, enforced under that statute, were regarded by those
interested in silver production as a certain guaranty of its increase in
price. The result, however, has been entirely different, for immediately
following a spasmodic and slight rise the price of silver began to fall
after the passage of the act, and has since reached the lowest point
ever known. This disappointing result has led to renewed and persistent
effort in the direction of free silver coinage.
Meanwhile not only are the evil effects of the operation of the present
law constantly accumulating, but the result to which its execution must
inevitably lead is becoming palpable to all who give the least heed to
financial subjects.
This law provides that in payment for the 4,500,000 ounces of silver
bullion which the Secretary of the Treasury is commanded to purchase
monthly there shall be issued Treasury notes redeemable on demand in
gold or silver coin, at the discretion of the Secretary of the Treasury,
and that said notes may be reissued. It is, however, declared in the act
to be "the established policy of the United States to maintain the two
metals on a parity with each other upon the present legal ratio or such
ratio as may be provided by law." This declaration so controls the
action of the Secretary of the Treasury as to prevent his exercising the
discretion nominally vested in him if by such action the parity between
gold and silver may be disturbed. Manifestly a refusal by the Secretary
to pay these Treasury notes in gold if demanded would necessarily result
in their discredit and depreciation as obligations payable only in
silver, and would destroy the parity between the two metals by
establishing a discrimination in favor of gold.
Up to the 15th day of July, 1893, these notes had been issued in payment
of silver-bullion purchases to the amount of more than $147,000,000.
While all but a very small quantity of this bullion remains uncoined and
without usefulness in the Treasury, many of the notes given in its
purchase have been paid in gold. This is illustrated by the statement
that between the 1st day of May, 1892, and the 15th day of July, 1893,
the notes of this kind issued in payment for silver bullion amounted to
a little more than $54,000,000, and that during the same period about
$49,000,000 were paid by the Treasury in gold for the redemption of such
notes.
The policy necessarily adopted of paying these notes in gold has not
spared the gold reserve of $100,000,000 long ago set aside by the
Government for the redemption of other notes, for this fund has already
been subjected to the payment of new obligations amounting to about
$150,000,000 on account of silver purchases, and has as a consequence
for the first time since its creation been encroached upon.
We have thus made the depletion of our gold easy and have tempted other
and more appreciative nations to add it to their stock. That the
opportunity we have offered has not been neglected is shown by the large
amounts of gold which have been recently drawn from our Treasury and
exported to increase the financial strength of foreign nations. The
excess of exports of gold over its imports for the year ending June 30,
1893, amounted to more than $87,500,000.
Between the 1st day of July, 1890, and the 15th day of July, 1893, the
gold coin and bullion in our Treasury decreased more than $132,000,000,
while during the same period the silver coin and bullion in the Treasury
increased more than $147,000,000. Unless Government bonds are to be
constantly issued and sold to replenish our exhausted gold, only to be
again exhausted, it is apparent that the operation of the
silver-purchase law now in force leads in the direction of the entire
substitution of silver for the gold in the Government Treasury, and that
this must be followed by the payment of all Government obligations in
depreciated silver.
At this stage gold and silver must part company and the Government must
fail in its established policy to maintain the two metals on a parity
with each other. Given over to the exclusive use of a currency greatly
depreciated according to the standard of the commercial world, we could
no longer claim a place among nations of the first class, nor could our
Government claim a performance of its obligation, so far as such an
obligation has been imposed upon it, to provide for the use of the
people the best and safest money.
If, as many of its friends claim, silver ought to occupy a larger
place in our currency and the currency of the world through general
international cooperation and agreement, it is obvious that the United
States will not be in a position to gain a hearing in favor of such an
arrangement so long as we are willing to continue our attempt to
accomplish the result single-handed.
The knowledge in business circles among our own people that our
Government can not make its fiat equivalent to intrinsic value nor keep
inferior money on a parity with superior money by its own independent
efforts has resulted in such a lack of confidence at home in the
stability of currency values that capital refuses its aid to new
enterprises, while millions are actually withdrawn from the channels of
trade and commerce to become idle and unproductive in the hands of timid
owners. Foreign investors, equally alert, not only decline to purchase
American securities, but make haste to sacrifice those which they
already have.
It does not meet the situation to say that apprehension in regard to the
future of our finances is groundless and that there is no reason for
lack of confidence in the purposes or power of the Government in the
premises. The very existence of this apprehension and lack of
confidence, however caused, is a menace which ought not for a moment to
be disregarded. Possibly, if the undertaking we have in hand were the
maintenance of a specific known quantity of silver at a parity with
gold, our ability to do so might be estimated and gauged, and perhaps,
in view of our unparalleled growth and resources, might be favorably
passed upon. But when our avowed endeavor is to maintain such parity in
regard to an amount of silver increasing at the rate of $50,000,000
yearly, with no fixed termination to such increase, it can hardly be
said that a problem is presented whose solution is free from doubt.
The people of the United States are entitled to a sound and stable
currency and to money recognized as such on every exchange and in every
market of the world. Their Government has no right to injure them by
financial experiments opposed to the policy and practice of other
civilized states, nor is it justified in permitting an exaggerated and
unreasonable reliance on our national strength and ability to jeopardize
the soundness of the people's money.
This matter rises above the plane of party politics. It vitally concerns
every business and calling and enters every household in the land. There
is one important aspect of the subject which especially should never be
overlooked. At times like the present, when the evils of unsound finance
threaten us, the speculator may anticipate a harvest gathered from the
misfortune of others, the capitalist may protect himself by hoarding or
may even find profit in the fluctuations of values; but the wage
earner--the first to be injured by a depreciated currency and the last
to receive the benefit of its correction--is practically defenseless. He
relies for work upon the ventures of confident and contented capital.
This failing him, his condition is without alleviation, for he can
neither prey on the misfortunes of others nor hoard his labor. One of
the greatest statesmen our country has known, speaking more than fifty
years ago, when a derangement of the currency had caused commercial
distress, said:
The very man of all others who has the deepest interest in a sound
currency and who suffers most by mischievous legislation in money
matters is the man who earns his daily bread by his daily toil.
These words are as pertinent now as on the day they were uttered, and
ought to impressively remind us that a failure in the discharge of our
duty at this time must especially injure those of our countrymen who
labor, and who because of their number and condition are entitled to the
most watchful care of their Government.
It is of the utmost importance that such relief as Congress can afford
in the existing situation be afforded at once. The maxim "He gives twice
who gives quickly" is directly applicable. It may be true that the
embarrassments from which the business of the country is suffering
arise as much from evils apprehended as from those actually existing.
We may hope, too, that calm counsels will prevail, and that neither the
capitalists nor the wage earners will give way to unreasoning panic
and sacrifice their property or their interests under the influence of
exaggerated fears. Nevertheless, every day's delay in removing one of
the plain and principal causes of the present state of things enlarges
the mischief already done and increases the responsibility of the
Government for its existence. Whatever else the people have a right
to expect from Congress, they may certainly demand that legislation
condemned by the ordeal of three years' disastrous experience shall be
removed from the statute books as soon as their representatives can
legitimately deal with it.
It was my purpose to summon Congress in special session-early in the
coming September, that we might enter promptly upon the work of tariff
reform, which the true interests of the country clearly demand, which so
large a majority of the people, as shown by their suffrages, desire and
expect, and to the accomplishment of which every effort of the present
Administration is pledged. But while tariff reform has lost nothing of
its immediate and permanent importance and must in the near future
engage the attention of Congress, it has seemed to me that the financial
condition of the country should at once and before all other subjects be
considered by your honorable body.
I earnestly recommend the prompt repeal of the provisions of the act
passed July 14, 1890, authorizing the purchase of silver bullion, and
that other legislative action may put beyond all doubt or mistake the
intention and the ability of the Government to fulfill its pecuniary
obligations in money universally recognized by all civilized countries.
GROVER CLEVELAND.
SPECIAL MESSAGE.
EXECUTIVE MANSION, _Washington, October 18, 1893_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 10th instant,
concerning the attitude of the Government of China with regard to an
extension of the time for the registration of Chinese laborers in the
United States under the act of May 5, 1892, I transmit a report of the
Secretary of State on the subject.
GROVER CLEVELAND.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to section 10 of the act of Congress approved March 3,
1893, entitled "An act making appropriations for current and contingent
expenses and fulfilling treaty stipulations with Indian tribes for
fiscal year ending June 30, 1894," the Cherokee Nation of Indians, by a
written agreement made on the 17th day of May, 1893, has ratified the
agreement for the cession of certain lands hereinafter described, as
amended by said act of March 3, 1893, and thereby ceded, conveyed,
transferred, relinquished, and surrendered all its title, claim, and
interest of every kind and character in and to that part of the Indian
Territory bounded on the west by the one hundredth degree (100 degree)
of west longitude, on the north by the State of Kansas, on the east by
the ninety-sixth degree (96 degree) of west longitude, and on the south
by the Creek Nation, the Territory of Oklahoma, and the Cheyenne and
Arapahoe Reservation created or defined by Executive order dated August
10, 1869: _Provided_, That any citizen of the Cherokee Nation who
prior to the 1st day of November, 1891, was a _bona fide_ resident
upon and, further, had, as a farmer and for farming purposes, made
permanent and valuable improvements upon any part of the land so ceded,
and who has not disposed of the same, but desires to occupy the
particular lands so improved as a homestead and for farming purposes,
shall have the right to select one-eighth of a section of land, to
conform, however, to the United States surveys; such selection to
embrace, as far as the above limitation will admit, such improvements;
the wife and children of any such citizen shall have the same right of
selection that is above given to the citizen, and they shall have the
preference in making selections to take any lands improved by the
husband and father that he can not take until all of his improved land
shall be taken; and that any citizen of the Cherokee Nation not a
resident within the land so ceded who prior to the 1st day of November,
1891, had for farming purposes made valuable and permanent improvements
upon any of the land so ceded shall have the right to select one-eighth
of a section of land, to conform to the United States surveys; such
selection to embrace, as far as the above limitation will admit, such
improvements; but the allotments so provided for shall not exceed
seventy (70) in number and the land allotted shall not exceed five
thousand and six hundred (5,600) acres; and such allotments shall be
made and confirmed under such rules and regulations as shall be
prescribed by the Secretary of the Interior, and when so made and
confirmed shall be conveyed to the allottees respectively by the United
States in fee simple; and from the price to be paid to the Cherokee
Nation for the cession so made there shall be deducted the sum of one
dollar and forty cents ($1.40) for each acre so taken in allotment:
_And provided_, That D.W. Bushyhead having made permanent or
valuable improvements prior to the 1st day of November, 1891, on the
lands so ceded, he may select a quarter section of the lands ceded,
whether reserved or otherwise, prior to the opening of said lands to
public settlement, but he shall be required to pay for such selection
at the same rate per acre as other settlers, into the Treasury of the
United States, in such manner as the Secretary of the Interior shall
direct; and
Whereas it is provided in section 10 of the aforesaid act of Congress
approved March 3, 1893, that--
Said lands, except the portion to be allotted as provided in said
agreement, shall, upon the payment of the sum of $295,736, herein
appropriated, to be immediately paid, become and be taken to be and
treated as a part of the public domain; but in any opening of the same
to settlement sections 16 and 36 in each township, whether surveyed or
unsurveyed, shall be, and are hereby, reserved for the use and benefit
of the public schools to be established within the limits of such lands,
under such conditions and regulations as may be hereafter enacted by
Congress. * * *
Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, and the east
half of sections 17, 20, and 29, all in township No. 29 north of range
No. 2 east of the Indian meridian, the same being lands reserved by
Executive order dated July 12, 1884, for use of and in connection with
the Chilocco Indian Industrial School, in the Indian Territory, shall
not be subject to public settlement, but shall until the further action
of Congress continue to be reserved for the purposes for which they were
set apart in the said Executive order; and the President of the United
States, in any order or proclamation which he shall make for the opening
of the lands for settlement, may make such other reservations of lands
for public purposes as he may deem wise and desirable.
The President of the United States is hereby authorized, at any time
within six months after the approval of this act and the acceptance of
the same by the Cherokee Nation as herein provided, by proclamation, to
open to settlement any or all of the lands not allotted or reserved in
the manner provided in section 13 of the act of Congress approved March
2, 1889, entitled "An act making appropriations for the current and
contingent expenses of the Indian Department and for fulfilling treaty
stipulations with various Indian tribes for the year ending June 30,
1890, and for other purposes" (25 U.S. Statutes at Large, p. 1005);
and also subject to the provisions of the act of Congress approved
May 2, 1890, entitled "An act to provide a temporary government for
the Territory of Oklahoma, to enlarge the jurisdiction of the United
States court in the Indian Territory, and for other purposes;" also
subject to the second proviso of section 17, the whole of section 18,
of the act of March 3, 1891, entitled "An act making appropriations
for the current expenses of the Indian Department and for fulfilling
treaty stipulations with various Indian tribes for the year ending
June 30, 1892, and for other purposes;" except as to so much of said
acts and sections as may conflict with the provisions of this act.
Each settler on the lands so to be opened to settlement as aforesaid
shall before receiving a patent for his homestead pay to the United
States for the lands so taken by him, in addition to the fees provided
by law, the sum of $2.50 per acre for any land east of 97-1/2° west
longitude, the sum of $1.50 per acre for any land between 97-1/2° west
longitude and 98-1/2° west longitude, and the sum of $1 per acre for
any land west of 98-1/2° west longitude, and shall also pay interest
upon the amount so to be paid for said land from the date of entry
to the date of final payment therefor at the rate of 4 per cent per
annum.
No person shall be permitted to occupy or enter upon any of the lands
herein referred to except in the manner prescribed by the proclamation
of the President opening the same to settlement, and any person
otherwise occupying or entering upon any of said lands shall forfeit all
right to acquire any of said lands. The Secretary of the Interior shall,
under the direction of the President, prescribe rules and regulations,
not inconsistent with this act, for the occupation and settlement of
said lands, to be incorporated in the proclamation of the President,
which shall be issued at least twenty days before the time fixed for
the opening of said lands.
And whereas by a written agreement made on the 21st day of October,
1891, the Tonkawa tribe of Indians, in the Territory of Oklahoma, ceded,
conveyed, and forever relinquished to the United States all their right,
title, claim, and interest of every kind and character in and to the
lands particularly described in Article I of the agreement:
_Provided_, That the allotments of land to said Tonkawa tribe of
Indians theretofore made or to be made under said agreement and the
provisions of the general allotment act approved February 8, 1887, and
an act amendatory thereof, approved February 28, 1891, shall be
confirmed: _And provided_, That in all cases where the allottee has
died since land has been set off and scheduled to such person the law of
descent and partition in force in Oklahoma Territory shall apply
thereto, any existing law to the contrary notwithstanding; and
Whereas by a certain other agreement with the Pawnee tribe of Indians,
in said Territory, made on the 23d day of November, 1892, said tribe
ceded, conveyed, released, relinquished, and surrendered to the United
States all its title, claim, and interest of every kind and character in
and to the lands particularly described in Article I of the agreement:
_Provided_, That the allotments made or to be made to said Indians
in the manner and subject to the conditions contained in said agreement
shall be confirmed; and
Whereas it is provided in section 13 of the act of Congress accepting,
ratifying, and confirming said agreements with the Tonkawa Indians and
the Pawnee Indians, specified in sections 11 and 12 of the same act,
approved March 3, 1893, entitled "An act making appropriations for
current and contingent expenses and fulfilling treaty stipulations with
Indian tribes for fiscal year ending June 30, 1894"--
That the lands acquired by the agreements specified in the two preceding
sections are hereby declared to be a part of the public domain. Sections
16 and 36 in each township, whether surveyed or unsurveyed, are hereby
reserved from settlement for the use and benefit of public schools, as
provided in section 10 relating to lands acquired from the Cherokee
Nation of Indians; and the lands so acquired by the agreements specified
in the two preceding sections not so reserved shall be opened to
settlement by proclamation of the President at the same time and in the
manner and subject to the same conditions and regulations provided in
section 10 relating to the opening of the lands acquired from the
Cherokee Nation of Indians; and each settler on the lands so to be
opened as aforesaid shall before receiving a patent for his homestead
pay to the United States for the lands so taken by him, in addition to
the fees provided by law, the sum of $2.50 per acre, and shall also pay
interest upon the amount so to be paid for said land from the date of
entry to the date of final payment at the rate of 4 per cent per annum.
And whereas the thirteenth section of the act approved March 2, 1889,
the act approved May 2, 1890, and the second proviso of section 17 and
the whole of section 18 of the act approved March 3, 1891, are referred
to in the tenth section of the act approved March 3, 1893, and thereby
made applicable in the disposal of the lands in the Cherokee Outlet
hereinbefore mentioned, the provisions of which acts, so far as they
affect the opening to settlement and the disposal of said lands, are
more particularly set forth hereinafter in connection with the rules
and regulations prescribed by the Secretary of the Interior for the
occupation and settlement of the lands hereby opened according to said
tenth section; and
Whereas the lands acquired by the three several agreements hereinbefore
mentioned have been divided into counties by the Secretary of the
Interior, as required by said last-mentioned act of Congress before the
same shall be opened to settlement, and lands have been reserved for
county-seat purposes, to be entered under sections 2387 and 2388 of the
Revised Statutes of the United States, as therein required, as follows,
to wit:
For County K, the southeast quarter of section 23 and the northeast
quarter of section 26, township 28 north, range 2 east of the Indian
meridian, excepting 4 acres reserved for the site of a court-house, to
be designated by lot and block upon the official plat of survey of said
reservation for county-seat purposes hereafter to be issued by the
Commissioner of the General Land Office; said reservation to be
additional to the reservations for parks, schools, and other public
purposes required to be made by section 22 of the act of May 2, 1890.
For County L, the southwest quarter of section 1 and the southeast
quarter of section 2, township 25 north, range 6 west of the Indian
meridian, excepting 4 acres reserved for the site of a court-house,
to be designated by lot and block upon the official plat of survey of
said reservation for county-seat purposes hereafter to be issued by
the Commissioner of the General Land Office; said reservation to be
additional to the reservations for parks, schools, and other public
purposes required to be made by section 22 of the act of May 2, 1890.
For County M, the south half of the northeast quarter and the north half
of the southeast quarter of section 23 and the south half of the
northwest quarter and the north half of the southwest quarter of section
24, township 27 north, range 14 west of the Indian meridian, excepting
1 acre reserved for Government use for the site of a land office and
4 acres to be reserved for the site of a court-house, which tracts are
to be contiguous and to be designated by lot and block upon the official
plat of survey of said reservation for county-seat purposes hereafter
to be issued by the Commissioner of the General Land Office; said
reservations to be additional to the reservations for parks, schools,
and other public purposes required to be made by section 22 of the act
of May 2, 1890.
For County N, the south half of section 25, township 23 north, range 21
west of the Indian meridian, excepting 1 acre reserved for Government
use for the site of a land office and 4 acres to be reserved for the
site of a court-house, which tracts are to be contiguous and to be
designated by lot and block upon the official plat of survey of said
reservation for county-seat purposes hereafter to be issued by the
Commissioner of the General Land Office; said reservations to be
additional to the reservations for parks, schools, and other public
purposes required to be made by section 22 of the act of May 2, 1890.
For County O, the southeast quarter of section 7 and the southwest
quarter of section 8, township 22 north, range 6 west of the Indian
meridian, excepting 1 acre reserved for Government use for the site of
a land office and 4 acres to be reserved for the site of a court-house,
which tracts are to be contiguous and to be designated by lot and block
upon the official plat of survey of said reservation for county-seat
purposes hereafter to be issued by the Commissioner of the General Land
Office; said reservations to be additional to the reservations for
parks, schools, and other public purposes required to be made by section
22 of the act of May 2, 1890.
For County P, the northeast quarter of section 22 and the northwest
quarter of section 23, township 21 north, range 1 west of the Indian
meridian, excepting 1 acre reserved for Government use for the site of
a land office and 4 acres reserved for the site of a court-house, which
tracts are to be contiguous and to be designated by lot and block upon
the official plat of survey of said reservation for county-seat purposes
hereafter to be issued by the Commissioner of the General Land Office;
said reservations to be additional to the reservations for parks,
schools, and other public purposes required to be made by section 22 of
the act of May 2, 1890; and
For County Q, the southeast quarter of section 31, the west half of the
southwest quarter of section 32, township 22 north, range 5 east, lot
4 of section 5, and lot 1 of section 6, township 21 north, range 5 east
of the Indian meridian, excepting 4 acres reserved for the site of a
court-house, to be designated by lot and block upon the official plat
of survey of said reservation for county-seat purposes hereafter to be
issued by the Commissioner of the General Land Office; said reservation
to be additional to the reservations for parks, schools, and other
public purposes required to be made by section 22 of the act of May 2,
1890.
Whereas it is provided by act of Congress for temporary government of
Oklahoma, approved May 2, 1890, section 23 (26 U.S. Statutes at Large,
p. 92), that there shall be reserved public highways 4 rods wide between
each section of land in said Territory, the section lines being the
center of said highways; but no deduction shall be made, where cash
payments are provided for, in the amount to be paid for each quarter
section of land by reason of such reservation; and
Whereas all the terms, conditions, and considerations required by said
agreements made with said nation and tribes of Indians and by the laws
relating thereto precedent to opening said lands to settlement have
been, as I hereby declare, complied with:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the power in me vested by the statutes hereinbefore mentioned
and by other the laws of the United States and by said several
agreements, do hereby declare and make known that all the lands acquired
from the Cherokee Nation of Indians, the Tonkawa tribe of Indians, and
the Pawnee tribe of Indians by the three several agreements aforesaid
will at the hour of 12 o'clock noon (central standard time) on Saturday,
the 16th day of the month of September, A.D. 1893, and not before, be
opened to settlement under the terms of and subject to all the
conditions, limitations, reservations, and restrictions contained in
said agreements, the statutes above specified, the laws of the United
States applicable thereto, and the conditions prescribed by this
proclamation, saving and excepting lands described and identified as
follows, to wit: The lands set apart for the Osage and Kansas Indians,
being a tract of country bounded on the north by the State of Kansas, on
the east by the ninety-sixth degree of west longitude, on the south and
west by the Creek country and the main channel of the Arkansas River;
the lands set apart for the Confederated Otoe and Missouria tribes of
Indians, described as follows, to wit: Township 22 north, range 1 east;
township 23 north, range 1 east; township 22 north, range 2 east;
township 23 north, range 2 east; township 22 north, range 3 east; and
that portion of township 23 north, range 3 east, lying west of the
Arkansas River; and the lands set apart for the Ponca tribe of Indians,
described as follows, to wit: Township 24 north, range 1 east; township
25 north, range 1 east; fractional township 24 north, range 2 east;
fractional township 25 north, range 2 east; fractional township 24
north, range 3 east; fractional township 25 north, range 3 east;
fractional township 24 north, range 4 east; fractional township 25
north, range 4 east, the said fractional townships lying on the right
bank of the Arkansas River; excepting also the lands allotted to the
Indians as in said agreements provided; excepting also the lands
reserved by Executive orders dated April 18, 1882, and January 17, 1883
(known as Camp Supply Military Reservation), described as follows, to
wit: Township 24 north, range 22 west; the south half of township 25
north, range 22 west; and the southwest quarter of township 25 north,
range 21 west; excepting also 1 acre of land in each of the reservations
for county-seat purposes in Counties M, N, O, and P, which tracts are
hereby reserved for Government use as sites for land offices, and 4
acres in each reservation for county-seat purposes hereinbefore named,
which tracts are hereby reserved as sites for court-houses; and
excepting also the reservations for the use of and in connection with
the Chilocco Indian Industrial School and for county-seat purposes
hereinbefore described; excepting also the saline lands covered by three
leases made by the Cherokee Nation prior to March 3, 1893, known as the
Eastern, Middle, and Western Saline reserves, under authority of the act
of Congress of August 7, 1882 (22 U.S. Statutes at Large, p. 349), said
lands being described and identified as follows: The Eastern Saline
Reserve embracing all of section 6; lots 3 and 4 of section 4; the south
half of the northeast quarter, the south half of the northwest quarter,
the north half of the southwest quarter, and lots 1, 2, 3, and 4 of
section 5; and the northeast quarter of the northwest quarter and lots 1
and 2 of section 7, township 25 north, range 9 west. All of sections 6,
7, 8, 17, 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, and 33; the southwest
quarter, the southwest quarter of the northwest quarter, and lots 2, 3,
4, 5, 6, and 7 of section 5; the southwest quarter, the southwest
quarter of the northwest quarter, the southwest quarter of the southeast
quarter, and lot 1 of section 9; the west half of the southwest quarter
of section 15; the west half, the southeast quarter, the west half of
the northeast quarter, and the southeast quarter of the northeast
quarter of section 16; the west half, the west half of the southeast
quarter, and the southeast quarter of the southeast quarter of section
22; the west half, the west half of the southeast quarter, the northeast
quarter of the southeast quarter, and the southwest quarter of the
northeast quarter of section 26; the northwest quarter, the north half
of the southwest quarter, the west half of the northeast quarter, and
the northeast quarter of the northeast quarter of section 34; and the
northwest quarter of the northwest quarter of section 35, township 26
north, range 9 west. All of section 31; the southwest quarter of the
southeast quarter, the southeast quarter of the southwest quarter, and
lot 4 of section 30; and lots 3 and 4 of section 32, township 27 north,
range 9 west. All of sections 1, 2, 3, 4, 9, 10, and 11; the southeast
quarter, the south half of the northeast quarter, the east half of the
southwest quarter, the southeast quarter of the northwest quarter, and
lots 1, 2, and 3 of section 5; the east half, the southwest quarter, and
the east half of the northwest quarter of section 8; the north half,
the north half of the southwest quarter, the southwest quarter of the
southwest quarter, and the northwest quarter of the southeast quarter
of section 12; the northwest quarter, the northwest quarter of the
northeast quarter, the north half of the southwest quarter, and the
southwest quarter of the southwest quarter of section 14; the north
half, the southeast quarter and the north half of the southwest quarter
of section 15; and the northeast quarter and the north half of the
northwest quarter of section 16, township 25 north, range 10 west. All
of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26,
27, 28, 33, 34, 35, and 36; the south half of the northeast quarter, the
southeast quarter of the northwest quarter, the southeast quarter, the
east half of the southwest quarter, and lots 1, 2, and 3 of section 4;
the east half, the southwest quarter, the east half of the northwest
quarter, and the southwest quarter of the northwest quarter of section
9; the southeast quarter of the southeast quarter of section 17; the
east half of the northeast quarter and the east half of the southeast
quarter of section 20; the southeast quarter and the east half of the
northeast quarter of section 29; and the east half and the southeast
quarter of the southwest quarter of section 32 of township 26 north,
range 10 west. All of sections 22, 26, 27, 34, 35, and 36; the east half
of the northeast quarter and the east half of the southeast quarter
of section 21; the southwest quarter, the west half of the southeast
quarter, the south half of the northwest quarter, and lots 1 and 6 of
section 23; the southwest quarter, the west half of the southeast
quarter, the southeast quarter of the southeast quarter, the south half
of the northwest quarter, and lot 1 of section 25; the east half of
section 28; and the east half and the southeast quarter of the southwest
quarter of section 33, township 27 north, range 10 west. The Middle
Saline Reserve embracing the southwest quarter of the northeast quarter,
the southeast quarter of the northwest quarter, the west half of the
southeast quarter, the east half of the southwest quarter, and lots 2,
3, 4, 5, 6, and 7 of section 6; and the northwest quarter of the
northeast quarter, the northeast quarter of the northwest quarter, and
lot 1 of section 7, township 26 north, range 18 west. The southwest
quarter of the southeast quarter, the southeast quarter of the southwest
quarter, and lot 7 of section 6; the west half of the northeast quarter,
the east half of the northwest quarter, the west half of the southeast
quarter, the east half of the southwest quarter, and lots 1, 2, 3, and 4
of section 7; the west half of the northeast quarter, the east half of
the northwest quarter, the west half of the southeast quarter, the east
half of the southwest quarter, and lots 1, 2, 3, and 4 of section 18;
the west half of the northeast quarter, the east half of the northwest
quarter, the west half of the southeast quarter, the east half of the
southwest quarter, and lots 1, 2, 3, and 4 of section 19; the northwest
quarter of the northeast quarter, the northeast quarter of the northwest
quarter, and lots 1, 2, 3, 4, 6, 7, and 8 of section 30; and the west
half of the northeast quarter, the east half of the northwest quarter,
the west half of the southeast quarter, the east half of the southwest
quarter, and lots 1, 2, 3, and 4 of section 31, township 27 north,
range 18 west. All of sections 1 to 6, inclusive; the north half of the
north half of sections 8, 9, 10, 11, and 12; and the north half of the
northeast quarter, the northeast quarter of the northwest quarter, and
lot 1 of section 7, township 26 north, range 19 west. All of sections 7
to 36, inclusive; the south half of the south half of sections 1, 2, 3,
4, and 5, and the south half of the southeast quarter, the southeast of
the southwest quarter, and lot 7 of section 6, township 27 north, range
19 west. All of sections 1 and 2; the south half of the northeast
quarter, the southeast quarter, and lots 1 and 2 of section 3; the north
half of the northeast quarter of section 10; and the north half of the
north half of sections 11 and 12, township 26 north, range 20 west. All
of sections 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36; the south half
of the southeast quarter and lot 7 of section 1; the southwest quarter
of the southwest quarter and lot 6 of section 2; the south half of the
southeast quarter of section 3; and the east half of sections 10, 15,
22, 27, and 34, township 27 north, range 20 west. And the Western Saline
Reserve embracing all of sections 18, 19, 30, and 31, township 29 north,
range 20 west; and all of sections 13, 14, 23, 24, 25, 26, 35, and 36,
township 29 north, range 21 west. Excepting also that section 13 in each
township, which has not been otherwise reserved or disposed of, is
hereby reserved for university, agricultural-college, and normal-school
purposes, subject to the action of Congress; excepting also that section
33 in each township, which has not been otherwise reserved or disposed
of, is hereby reserved for public buildings; excepting also sections
16 and 36 in each township, which are reserved by law for the use and
benefit of the public schools; excepting also all selections and
allotments made under the law and the agreements herein referred to,
the lands covered by said selections and allotments to be particularly
described and identified; said descriptions to be furnished by the
Commissioner of the General Land Office and posted in the several booths
hereinafter referred to as those where certain preliminary declarations
are to be made prior to the day named in this proclamation as that when
the strip will be open to settlement.
Said lands so to be opened as herein proclaimed shall be entered upon
and occupied only in the manner and under the provisions following, to
wit:
A strip of land 100 feet in width around and immediately within the
outer boundaries of the entire tract of country to be opened to
settlement under this proclamation is hereby temporarily set apart for
the following purposes and uses, viz:
Said strip, the inner boundary of which shall be 100 feet from the
exterior boundary of the country known as the Cherokee Outlet, shall be
open to occupancy in advance of the day and hour named for the opening
of said country by persons expecting and intending to make settlement
pursuant to this proclamation. Such occupancy shall not be regarded as
trespass or in violation of this proclamation or of the law under which
it is made, nor shall any settlement rights be gained thereby.
The Commissioner of the General Land Office shall, under the direction
of the Secretary of the Interior, establish on said 100-foot strip
booths, to be located as follows: One in township 29 north, range 2
east; one in township 29 north, range 2 west; one in township 29 north,
range 4 west; one in township 29 north, range 8 west; one in township 29
north, range 12 west; one in township 20 north, range 3 east; one in
township 20 north, range 2 west; one in township 20 north, range 7 west;
and one in township 20 north, range 26 west; and shall place in charge
thereof three officers to each booth, who shall be detailed from the
General Land Office. Said booths shall be open for the transaction of
business on and after Monday, the 11th day of the month of September,
A.D. 1893, from 7 a.m. to 12 m. and 1 p.m. to 6 p.m. each business day
until the same shall be discontinued by the Secretary of the Interior,
who is hereby authorized to discontinue the same at his discretion. Each
party desiring to enter upon and occupy as a homestead any of the lands
hereby opened to settlement will be required to first appear at one of
the before-mentioned booths and make a declaration in writing, to be
signed by the party in the presence of one of the officers in charge
thereof, which shall be certified by such officer, according to the form
hereto attached and made a part hereof marked A, showing his or her
qualifications to make homestead entry for said lands, whereupon a
certificate will be issued by the officers in charge of the booth to the
party making the declaration, which shall be of the form hereto attached
and made a part hereof marked D.
Where a party desires to file a soldier's declaratory statement in
person, he will be required to make a declaration which shall be of the
form hereto attached and made a part hereof marked B, the same to be
made and subscribed before one of the officers in charge of the booth
and certified by such officer, independently of the affidavit (Form
4-546) to be filed when he presents the certificate of Form D, there
given him, to the district officers. Where a party desires to file a
declaratory statement through an agent, it will be necessary for him
previously to make the affidavit ordinarily required (Form 4-545) before
some officer authorized to administer oaths and place the same in the
hands of the agent, who, before being permitted to enter upon the lands
to be opened in said outlet for the purpose of making the desired
filing, will be required to appear before the officers in charge of
some one of the booths, to present the said affidavit of the party
authorizing him to act as such agent, and to make a declaration in
writing, to be subscribed by him in the presence of one of such
officers, which shall be certified by such officer, according to the
form hereto attached and made a part hereof marked C, whereupon a
certificate of Form D will be given him by said officer. The agent
should be provided with affidavits of Form 4-545 made in duplicate--one
for presentation to the officers in charge of the booth and the other
for presentation to the district officers when formal filing is to be
made.
Each party desiring to enter upon said lands for the purpose of settling
upon a town lot will be required to first appear at one of the
before-mentioned booths and make a declaration in writing, to be signed
by the party in the presence of one of the officers in charge thereof,
which shall be certified by such officer, according to the form hereto
attached and made a part hereof marked E, whereupon a certificate will
be issued by the officers in charge of the booth to the party making the
declaration, which shall be of the form hereto attached and made a part
hereof marked F.
The said declarations made before the officers in charge shall be given
consecutive numbers, beginning at No. 1 at each booth, and the
certificate issued to the party making the declaration shall be given
the same number as is given the declaration. The declaration shall be
carefully preserved by the officers in charge of the booths, and when
the booths are discontinued said declarations shall be transmitted,
together with the duplicate affidavits (Form 4-545) hereinbefore
required to be presented in case of agents proposing to act for soldiers
in filing declaratory statements, to the General Land Office for filing
as a part of the records pertaining to the disposal of said lands.
The certificate will be evidence only that the party named therein
is permitted to go in upon the lands opened to settlement by this
proclamation at the time specified herein, and the certificate of Form D
must be surrendered when application to enter or file is presented to
the district officers, and the party's right to make a filing, homestead
entry, or settlement shall be passed upon by the district land officers
at the proper time and in the usual manner. The holder of such
certificate will be required when he makes his homestead affidavit, or,
if a soldier or soldier's agent, when he files a declaratory statement
at the district office, to allege under oath before the officers taking
such homestead affidavit or to whom said declaratory statement is
presented for filing that all the statements contained in the
declaration made by him, upon which said certificate is based, are true
in every particular, such oath to be added to affidavit of Form 4-102,
as shown on form hereto attached and made a part hereof marked 102_d_.
After the hour and day hereinbefore named when said lands will be
opened to settlement all parties holding such certificates (Form D or F)
will be permitted to occupy or enter upon the lands so opened, and
parties holding a certificate of Form D may initiate a homestead claim,
either by settlement upon the land or by entry or filing at the proper
district office; but no person not holding any such certificate shall be
permitted to occupy or enter upon any of said lands until after the
booths shall have been discontinued by direction of the Secretary of the
Interior. Until then the officers of the United States are expressly
charged to permit no party without a certificate to occupy or enter upon
any of said lands.
The following rules and regulations have been prescribed by the
Secretary of the Interior, under the direction of the President, as
provided by section 10 of said act of March 3, 1893, for the occupation
and settlement of the lands hereby opened, to wit:
The thirteenth section of the act approved March 2, 1889, the act
approved May 2, 1890, the second proviso of section 17 and the whole of
section 18 of the act approved March 3, 1891, are by section 10 of the
act of March 3, 1893, made applicable in disposing of the lands under
said section 10, and said lands are thereby rendered subject to disposal
under the homestead and town-site laws only, with certain modifications,
which laws as so modified contain provisions substantially as follows:
1. Any party will be entitled to initiate a homestead claim to a tract
of said lands who is over 21 years of age or the head of a family; who
is a citizen of the United States or has declared his intention to
become such; who has not exhausted his homestead right either by
perfecting a homestead entry for 160 acres of land under any law,
excepting what is known as the commuted provision of the homestead law
contained in section 2301 of the United States Revised Statutes, or by
making or commuting a homestead entry since March 2, 1889; who has not
entered since August 30, 1890, under the land laws of the United States
or filed upon a quantity of land agricultural in character and not
mineral which with the tracts sought to be entered in any case would
make more than 320 acres; who is not the owner in fee simple of 160
acres of land in any State or Territory, and who has not entered upon or
occupied the lands hereby opened in violation of this the President's
proclamation opening the same to settlement and entry. (See section
2289, U.S. Revised Statutes; act of March 2, 1889, 25 U.S. Statutes at
Large, p. 854; section 13 of the act of March 2, 1889, 25 U.S. Statutes
at Large, p. 1005; act of August 30, 1890, 26 U.S. Statutes at Large, p.
391; section 20, act of May 2, 1890, 26 U.S. Statutes at Large, p. 91,
and section 10, act of March 3, 1893, 27 U.S. Statutes at Large, p.
640.)
2. Each entry shall be in a compact body, according to the rectangular
subdivisions of the public surveys, and in a square form, as nearly as
reasonably practicable consistently with such surveys; and no person
shall be permitted to enter more than one quarter section in quantity of
said lands. (See section 13, act of March 2, 1889, 25 U.S. Statutes at
Large, p. 1005.)
3. Parties who own and reside upon land (not acquired by them under the
homestead law) not amounting in quantity to a quarter section may, if
otherwise qualified, enter other land lying contiguous to their own to
an amount which shall not with the land already owned by them exceed in
the aggregate 160 acres. (See section 2289, U.S. Revised Statutes.)
4. Any party who has made a homestead entry prior to March 2, 1889, for
less than one quarter section of land and who still owns and occupies
the land so entered may, if otherwise qualified, enter an additional
tract of land lying contiguous to the land embraced in the original
entry, which shall not with the land first entered exceed in the
aggregate 160 acres; but such additional entry will not be permitted, or
if permitted will be canceled, if the original entry should fail for any
reason prior to patent or should appear to be illegal or fraudulent. The
final proof of residence and cultivation made on the original entry,
together with the payment of the prescribed price for the land, will be
sufficient to entitle the party to a final certificate for the land so
entered without further proof. (See section 5 of the act of March 2,
1889, 25 U.S. Statutes at Large, p. 854.)
5. Parties who have complied with the conditions of the law with regard
to a homestead entry for less than 160 acres of land made prior to March
2, 1889, and have had the final papers issued therefor, may, if
otherwise qualified, make an additional entry, by legal subdivisions, of
so much land as added to the quantity previously so entered shall not
exceed 160 acres. Parties making entry under the provisions set forth in
this paragraph will be required to reside upon and cultivate the land
embraced therein for the prescribed period and to submit proof of
residence and cultivation of a like character with that required in
ordinary homestead entries before the issuance of a final certificate.
(See section 6, act of March 2, 1889, 25 U.S. Statutes at Large, p.
854.)
6. Any officer, soldier, seaman, or marine who served for not less than
ninety days in the Army or Navy of the United States during the War of
the Rebellion and who was honorably discharged and has remained loyal to
the Government, or, in case of his death, his widow, or, in case of her
death or remarriage, his minor orphan children, by a guardian duly
appointed and officially accredited at the Department of the Interior,
may, either in person or by agent, file a declaratory statement for a
tract of land and have six months thereafter within which to make actual
entry and commence residence and improvements upon the land. (See
sections 2304, 2307, and 2309, U.S. Revised Statutes.)
7. Every person entitled under the preceding paragraph to enter a
homestead who, or whose deceased husband or father, in case of the widow
or minor children, may have prior to June 22, 1874, entered under the
homestead laws a quantity of land less than 160 acres may, if otherwise
qualified, enter so much land as when added to the quantity previously
entered shall not exceed 160 acres; but the party must make affidavit
that the entry is made for actual settlement and cultivation, and the
proof of such settlement and cultivation prescribed by existing
homestead laws and regulations thereunder will be required to be
produced before the issue of final certificate. (See section 2306, U.S.
Revised Statutes, and section 18 of the act of May 2, 1890, 26 U.S.
Statutes at Large, p. 90.)
8. Parties may initiate claims under the homestead law either by
settlement on the land or by entry at the district office. In the former
case the party will have three months after settlement within which to
file his application for the tract at the district office; in the latter
case the party will have six months after entry at that office within
which to establish residence and begin improvements upon the land. (See
sections 2290 and 2297, U.S. Revised Statutes, and section 3 of the act
of May 14, 1880, 21 U.S. Statutes at Large, p. 140.)
9. The homestead affidavits required to be filed with the application
must be executed before the register or receiver of the proper district
land office (see section 2290, U.S. Revised Statutes) or before any
other officer who may be found duly qualified at the time to administer
such oaths, according to the provisions of the act of Congress of May
26, 1890 (26 U.S. Statutes at Large, p. 121).
10. Parties applying to make homestead entry will be required to tender
with the application the legal fee and commissions, which are as
follows: For an entry of over 80 acres a fee of $10, and for an entry of
80 acres or less a fee of $5, and in both cases, in addition,
commissions of 2 per cent upon the Government price of the land,
computed at the rate of $1.25 per acre, the ordinary minimum price of
public lands under the general provisions of section 2357, United States
Revised Statutes. (See sections 2238 and 2290, U.S. Revised Statutes.)
11. Homestead applicants appearing in great number at the local office
to make entry at the time of opening will be required to form in line,
in order that their applications may be presented and acted upon in
regular order.
12. Soldiers' declaratory statements can only be made by the parties
entitled or by their agents in person, and will not be received if sent
by mail. A party acting as agent and appearing in line, as contemplated
under the eleventh paragraph, will be allowed to make one entry or
filing in his individual character, if he so desires, and to file one
declaratory statement in his representative character as agent, if such
he shall be, and thereupon he will be required to step out of line,
giving place to the next person in order, and, if he desires to make any
other filings, to take his place at the end of the line and await his
proper turn before doing so, and thus to proceed in order until all the
filings desired by him shall be made.
13. Section 2301 of the Revised Statutes of the United States, providing
for commutation of homestead entries, is not applicable to said lands.
(See section 18 of the act of May 2, 1890, 26 U.S. Statutes at Large, p.
90.)
14. Proof of five years' residence, cultivation, and improvement and the
payment prescribed by the statute, as hereinbefore mentioned, must be
made before a party will be entitled to a patent under the homestead
law, and such proof is required to be made within seven years from the
date of the entry. Commissions equal to 2 per cent upon the Government
price for the land, computed at $1.25 per acre, under section 2357,
United States Revised Statutes, must also be tendered with the final
proof. Interest at 4 per cent per annum on the purchase price of the
land must be paid from the date of the entry to date of final payment of
purchase money. (See sections 2238 and 2291, U.S. Revised Statutes, and
sections 10 and 13 of the act of March 3, 1893, 27 U.S. Statutes at
Large, p. 640.)
15. The parties named in paragraph 6 of these regulations are entitled
to have the term of service in the Army or Navy under which the claim is
made, not exceeding four years, deducted from the period of five years'
residence or cultivation required as stated in the preceding paragraph,
or, if the party was discharged from service on account of wounds or
disabilities incurred in the line of duty, the whole term of enlistment,
not exceeding four years, may be deducted. (See section 2305, U.S.
Revised Statutes.)
16. Where a homestead settler dies before the consummation of his claim,
the widow, or, in case of her death, the heirs or devisee, may continue
settlement or cultivation and obtain title upon requisite proof at the
proper time. If the widow proves up, title will pass to her; if she dies
before proving up and the heirs or devisee make the proof, the title
will vest in them, respectively. (See section 2291, U.S. Revised
Statutes.)
17. Where both parents die, leaving infant children, the homestead may
be sold for cash for the benefit of such children, and the purchaser
will receive title from the United States. (See section 2292, U.S.
Revised Statutes.)
18. In case of the death of a person after having entered a homestead
the failure of the widow, children, or devisee of the deceased to
fulfill the demands of the letter of the law as to residence on the
lands will not necessarily subject the entry to forfeiture on the ground
of abandonment. If the land is cultivated in good faith, the law will be
considered as having been substantially complied with.
19. Town-site claims maybe initiated upon said lands under the statutes
by two methods, which are separate and distinct in character. The
regulations under the first method are hereinafter set forth in
paragraphs 20, 21, and 22, and under the second method in paragraphs 23
to 28, inclusive. Provision is further made for town-site entries in
cases where lands entered under the homestead law are required for
town-site purposes, as set forth in paragraph 30.
20. Parties having founded or who desire to found a city or town on the
public lands must file with the recorder of the county in which land is
situate a plat thereof, describing the exterior boundaries of the land
according to the lines of public surveys. Such plat must state the name
of the city or town, exhibit the streets, squares, blocks, lots, and
alleys, and specify the size of the same, with measurements and area of
each municipal subdivision the lots in which shall not exceed 4,200
square feet, with a statement of the extent and general character of the
improvements. The plat and statement must be verified by the oath of the
party, acting for and in behalf of the occupants and inhabitants of the
town or city. Within one month after filing the plat with the recorder
of the county a verified copy of said plat and statement must be sent to
the General Land Office, accompanied by the testimony of two witnesses
that such town or city has been established in good faith, and a similar
map and statement must be filed with the register and receiver of the
proper district office. Thereafter the President may cause the lots
embraced within the limits of such city or town to be offered at public
sale to the highest bidder, subject to a minimum of $10 for each lot;
and such lots as may not be disposed of at public sale shall thereafter
be liable to private entry at such minimum or at such reasonable
increase or diminution thereafter as the Secretary of the Interior may
order from time to time, after at least three months' notice, in view
of the increase or decrease in the value of the municipal property. Any
actual settler upon any lot and upon any additional lot upon which he
may have substantial improvements shall be entitled to prove up and
purchase the same as a preemption, at such minimum, at any time before
the day fixed for the public sale. (See section 2382, U.S. Revised
Statutes.)
21. In case the parties interested shall fail or refuse within twelve
months after founding a city or town to file in the General Land Office
a transcript map, with the statement and testimony, as required in
paragraph 20, the Secretary of the Interior may cause a survey and plat
to be made of said city or town, and thereafter the lots will be sold at
an increase of 50 per cent on the minimum price of $10 per lot. (See
section 2384, U.S. Revised Statutes.)
22. When lots vary in size from the limitation of 4,200 square feet and
the lots, buildings, and improvements cover an area greater than 640
acres, such variance as to size of lots or excess in area will prove no
bar to entry, but the price of the lots may be increased to such
reasonable amount as the Secretary of the Interior may by rule
establish. (See section 2385, U.S. Revised Statutes.)
23. Under the second method lands actually settled upon and occupied as
a town site, and therefore not subject to entry under the homestead
laws, may be entered as a town site at the proper district land office.
(See section 2387, U.S. Revised Statutes.)
24. If the town is incorporated, the entry may be made by the corporate
authorities thereof through the mayor or other principal officer duly
authorized so to do. If the town is not incorporated, the entry may be
made by the judge of the county court for the county in which said town
is situated. In either case the entry must be made in trust for the use
and benefit of the occupants thereof according to their respective
interests. The execution of such trust as to the disposal of lots and
the proceeds of sales is to be conducted under regulations prescribed by
the territorial laws. Acts of trustees not in accordance with such
regulations are void. (See sections 2387 and 2391, U.S. Revised
Statutes.)
25. The officer authorized to enter a town site may make entry at once,
or he may initiate an entry by filing a declaratory statement of the
purpose of the inhabitants to make a town-site entry of the land
described. The entry or declaratory statement shall include only such
land as is actually occupied by the town and the title to which is in
the United States, and its exterior limits must conform to the legal
subdivisions of the public lands. (See sections 2388 and 2389, U.S.
Revised Statutes.)
26. The amount of land that may be entered under this method is
proportionate to the number of inhabitants. One hundred and less than
200 inhabitants may enter not to exceed 320 acres; 200 and less than
1,000 inhabitants may enter not to exceed 640 acres; and where the
inhabitants number 1,000 and over an amount not to exceed 1,280 acres
may be entered, and for each additional 1,000 inhabitants, not to exceed
5,000 in all, a further amount of 320 acres may be allowed. When the
number of inhabitants of a town is less than 100, the town site shall be
restricted to the land actually occupied for town purposes by legal
subdivisions. (See section 2389, U.S. Revised Statutes.)
27. Where an entry is made of less than the maximum quantity of land
allowed for town-site purposes, additional entries may be made of
contiguous tracts occupied for town purposes which when added to the
previous entry or entries will not exceed 2,560 acres; but no additional
entry can be allowed which will make the total area exceed the area to
which the town may be entitled by virtue of its population at date of
additional entry. (See section 4 of the act of March 3, 1877, 19 U.S.
Statutes at Large, p. 392.)
28. The land must be paid for at the Government price per acre, and
proof must be furnished relating, first, to municipal occupation of the
land; second, number of inhabitants; third, extent and value of town
improvements; fourth, date when land was first used for town-site
purposes; fifth, official character and authority of officer making
entry; sixth, if an incorporated town, proof of incorporation, which
should be a certified copy of the act of incorporation, and, seventh,
that a majority of the occupants or owners of the lots within the town
desire that such action be taken. Thirty days' publication of notice of
intention to make proof must be made and proof of publication furnished.
(See section 2387, U.S. Revised Statutes.)
29. All surveys for town sites on said lands shall contain reservations
for parks (of substantially equal area if more than one park) and for
schools and other public purposes, embracing in the aggregate not less
than 10 nor more than 20 acres, and patents for such reservations, to be
maintained for such purposes, will be issued to the towns respectively
when organized as municipalities. (See section 22, act of May 2, 1890,
26 U.S. Statutes at Large, p. 92.)
30. In case any of said lands which may be entered under the homestead
laws by a person who is entitled to perfect his title thereto under such
laws are required for town-site purposes, the entryman may apply to
the Secretary of the Interior to purchase the lands embraced in said
homestead, or any part thereof not less than a legal subdivision, for
town-site purposes. The party must file in the district office with
his application a plat of the proposed town site and evidence of his
qualifications to perfect title under the homestead law and of his
compliance with all the requirements of the law and the instructions
thereunder, and must deposit with the Secretary of the Interior the sum
of $10 per acre for all the lands embraced in such town site, except the
lands to be donated and maintained for public purposes as mentioned in
the preceding paragraph. (See section 22, act of May 2, 1890, 26 U.S.
Statutes at Large, p. 92.)
Notice, moreover, is hereby given that it is by law enacted that no
person shall be permitted to occupy or enter upon any of the lands
herein referred to except in the manner prescribed by this proclamation,
and any person otherwise occupying or entering upon any of said lands
shall forfeit all right to acquire any of said lands, and that the
officers of the United States will be required to enforce this
provision.
And further notice is hereby given that four land districts have been
established in Oklahoma Territory, with boundaries as follows:
The Perry district, bounded and described as follows: Beginning at the
middle of the main channel of the Arkansas River where the same is
intersected by the northern boundary of Oklahoma Territory; thence west
to the northwest corner of township 29 north, range 2 west of the Indian
meridian; thence south on the range line between ranges 2 and 3 west to
the southwest corner of lot 3 of section 31, township 20 north, range 2
west; thence east to the southeast corner of lot 4 of section 36,
township 20 north, range 4 east; thence south on the range line between
ranges 4 and 5 east to the middle of the main channel of the Cimarron
River; thence down said river, in the middle of the main channel
thereof, to the western boundary of the Creek country; thence north to
the northwest corner of the Creek country; thence east on the northern
boundary of said Creek country to the middle of the main channel of the
Arkansas River; thence up said river, in the middle of the main channel
thereof, to the place of beginning; the local land, office of which will
be located at the town of Perry, in County P.
The Enid district, bounded and described as follows: Beginning at the
northeast corner of township 29 north, range 3 west of the Indian
meridian; thence west to the northwest corner of township 29 north,
range 8 west; thence south on the range line between ranges 8 and 9 west
to the southwest corner of lot 3 of section 31, township 20 north, range
8 west; thence east to the southeast corner of lot 4 of section 36,
township 20 north, range 3 west; thence north on the range line between
ranges 2 and 3 west to the place of beginning; the local land office of
which will be located at the town of Enid, in County O.
The Alva district, bounded and described as follows: Beginning at the
northeast corner of township 29 north, range 9 west of the Indian
meridian; thence west to the northwest corner of township 29 north,
range 16 west; thence south on the range line between ranges 16 and 17
west to the southwest corner of lot 3 of section 31, township 20 north,
range 16 west; thence east to the southeast corner of lot 4 of section
36, township 20 north, range 9 west; thence north on the range line
between ranges 8 and 9 west to the place of beginning; the local land
office of which will be located at the town of Alva, in County M.
The Woodward land district, bounded and described as follows: Beginning
at the northeast corner of township 29 north, range 17 west of the
Indian meridian; thence west to the north west corner of township 29
north, range 26 west; thence south to the southwest corner of lot 3 of
section 32, township 20 north, range 26 west; thence east to the
southeast corner of lot 4 of section 36, township 20 north, range 17
west; thence north on the range line between ranges 16 and 17 west to
the place of beginning; the local land office of which will be located
at the town of Woodward, in County N.
And further notice is hereby given that the line of 97-1/2° west
longitude, named herein for the purpose of disposing of the land hereby
opened to settlement, is held to fall on the west line of sections 2,
11, 14, 23, 26, and 35 of the townships in range 3 west of the Indian
meridian, and the line of 98-1/2° of west longitude is held to fall on
the line running due north and south through the centers of sections 4,
9, 16, 21, 28, and 33 of the townships in range 12 west of the Indian
meridian, and said lines have been so laid down upon the township plats
on file in the General Land Office.
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 19th day of August, A.D. 1893, and
of the Independence of the United States the one hundred and eighteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
A.
DECLARATION REQUIRED BY PRESIDENT'S PROCLAMATION OF AUGUST 19, 1893,
PREPARATORY TO OCCUPYING OR ENTERING UPON THE LANDS OF THE CHEROKEE
OUTLET FOR THE PURPOSE OF MAKING A HOMESTEAD ENTRY.
No. ----.
BOOTH IN T. ---- N., R. ----, ----, _1893_.
I, ----, of ----, being desirous of occupying or entering upon the lands
opened to settlement by the President's proclamation of August 19, 1893,
for the purpose of making a homestead entry, do solemnly declare that I
am over 21 years of age or the head of a family; that I am a citizen of
the United States (or have declared my intention to become such); that
I have not perfected a homestead entry for 160 acres of land under any
law except what is known as the commuted provision of the homestead law
contained in section 2301, Revised Statutes, nor have I made or commuted
a homestead entry since March 2, 1889;[*] ---- that I have not entered
since August 30, 1890, under the land laws of the United States or filed
upon a quantity of land agricultural in character and not mineral which
with the tracts now desired would make more than 320 acres; that I am
not the owner in fee simple of 160 acres of land in any State or
Territory; that I have not entered upon or occupied, nor will I enter
upon or occupy, the lands to be opened to settlement by the President's
proclamation of August 19, 1893, in violation of the requirements of
said proclamation; that I desire to make entry for the purpose of actual
settlement and cultivation, and not for the benefit of any other person,
persons, or corporation; that I will faithfully and honestly endeavor to
comply with all the requirements of law as to settlement, residence, and
cultivation necessary to acquire title to the land I may select; that I
am not acting as agent of any person, corporation, or syndicate in
entering upon said lands, nor in collusion with any person, corporation,
or syndicate to give them the benefit of the land I may enter, or any
part thereof, or the timber thereon; that I do not apply to enter upon
said lands for the purpose of speculation, but in good faith to obtain a
home for myself; and that I have not, directly or indirectly, made and
will not make any agreement or contract in any way or manner with any
person or persons, corporation, or syndicate whatsoever by which the
title which I may acquire from the Government of the United States
should inure in whole or in part to the benefit of any person except
myself.
----------.
I certify that the foregoing declaration was made and subscribed before
me this ---- day of ----, 1893.
-------- ----------, _Officer in Charge_.
* NOTE.--If the party has made a homestead entry since March
2, 1889, but has failed or is unable to perfect title to the land
covered thereby because of a valid adverse claim or other invalidity
existing at the date of its inception, strike out the words "made or"
and insert in the blank space _that I have made a homestead entry
since March 2, 1889, but have failed or am unable to perfect title to
the land covered thereby because of a valid adverse claim or other
invalidity existing at the date of its inception_.
B.
DECLARATION REQUIRED BY PRESIDENT'S PROCLAMATION OF AUGUST 19, 1893,
PREPARATORY TO OCCUPYING OR ENTERING UPON THE LANDS OF THE CHEROKEE
OUTLET FOR THE PURPOSE OF FILING A SOLDIER'S DECLARATORY STATEMENT IN
PERSON.
No. ----.
BOOTH IN T. ---- N., R. ----, ----, _1893_.
I, ----, of ---- County and State or Territory of ----, do solemnly
declare that I served for a period of ---- in the Army of the United
States during the War of the Rebellion and was honorably discharged
therefrom, as shown by a statement of such service herewith, and that I
have remained loyal to the Government; that I have not perfected a
homestead entry for 160 acres of land under any law except what is known
as the commuted provision of the homestead law contained in section
2301, Revised Statutes, nor have I filed a declaratory statement under
sections 2304 and 2309 of the Revised Statutes or made or commuted a
homestead entry since March 2, 1889;[*] ---- that I have not entered
since August 30, 1890, under the land laws of the United States or filed
upon a quantity of land agricultural in character and not mineral which
with the tracts now desired would make more than 320 acres; that I am
not the owner in fee simple of 160 acres of land in any State or
Territory; that I have not entered upon or occupied, nor will I enter
upon or occupy, the lands to be opened to settlement by the President's
proclamation of August 19, 1893, in violation of said proclamation; that
I intend to file a soldier's declaratory statement upon said lands,
which location will be made for my exclusive use and benefit, for the
purpose of my actual settlement and cultivation, and not, either
directly or indirectly, for the use and benefit of any other person.
-------- ----------.
I certify that the foregoing declaration was made and subscribed before
me this ------ day of --------, 1893.
-------- ----------, _Officer in Charge_.
* NOTE.--If the party has made an entry or filing since March 2, 1889,
to which he is unable to perfect title because of a valid adverse claim
or other invalidity existing at the date of its inception, strike out
the words "filed a declaratory statement under sections 2304 and 2309 of
the Revised Statutes, or made or" and insert in the blank space _that
I have made an entry or filing since March 2, 1889, but have failed or
am unable to perfect title to the land covered thereby because of a
valid adverse claim or other invalidity existing at the date of its
inception_.
C.
DECLARATION REQUIRED BY PRESIDENT'S PROCLAMATION OF AUGUST 19, 1893,
PREPARATORY TO ENTERING UPON THE LANDS OF THE CHEROKEE OUTLET FOR THE
PURPOSE OF FILING A SOLDIER'S DECLARATORY STATEMENT AS AGENT.
No. ------.
BOOTH IN T. ------- N., R. -------, -------, _1893_.
I, -------- of --------, desiring to enter upon the Cherokee Outlet for
the purpose of filing a soldier's declaratory statement under sections
2304 and 2309, United States Revised Statutes, as agent of --------, do
hereby declare that I have no interest or authority in the matter,
present or prospective, beyond the filing of such declaratory statement
as the true and lawful attorney of the said -------- as provided by said
sections 2304 and 2309.
-------- ----------.
I certify that the foregoing declaration was made and subscribed before
me this ----- day of --------, 1893.
-------- ----------, _Officer in Charge_.
D.
CERTIFICATE THAT MUST BE HELD BY PARTY DESIRING TO OCCUPY OR TO ENTER
UPON THE LANDS OPENED TO SETTLEMENT BY THE PRESIDENT'S PROCLAMATION OF
AUGUST 19, 1893, FOR THE PURPOSE OF MAKING A HOMESTEAD ENTRY OR FILING
A SOLDIER'S DECLARATORY STATEMENT.
No. -----.
BOOTH IN T. ------- N., R. -------, -------, _1893_.
This certifies that -------- has this day made the declaration before me
required by the President's proclamation of August 19, 1893, and he is
therefore permitted to go in upon the lands opened to settlement by said
proclamation at the time named therein for the purpose of making a
homestead entry or filing a soldier's declaratory statement.
It is agreed and understood that this certificate will not prevent the
district land officers from passing upon the holder's qualifications to
enter or file for any of said lands at the proper time and in the usual
manner, and that the holder will be required when he makes his homestead
affidavit, or, if a soldier or a soldier's agent, when he files a
declaratory statement at the district office, to allege under oath
before the officer taking such homestead affidavit or to whom said
declaratory statement is presented for filing that all of the statements
contained in the declaration made by him, upon which this certificate is
based, are true in every particular.
-------- ----------, _Officer in Charge_.
This certificate is not transferable. The holder will display the
certificate, if demanded, after locating on claim.
E.
DECLARATION REQUIRED BY PRESIDENT'S PROCLAMATION OF AUGUST 19, 1893,
PREPARATORY TO OCCUPYING OR ENTERING UPON THE LANDS OF THE CHEROKEE
OUTLET FOR THE PURPOSE OF SETTLING UPON A TOWN LOT.
No. ----.
BOOTH IN T. ----N., R. ----,----, _1893_.
I, ----, of ----, being desirous of occupying or entering upon lands
opened to settlement by the President's proclamation of August 19, 1893,
do solemnly declare that I have not entered upon or occupied, nor will I
enter upon or occupy, any of the lands to be opened to settlement by the
President's proclamation of August 19, 1893, in violation of the
requirements of said proclamation, and that I desire to go in upon said
lands for the purpose of settling upon a town lot.
-------- --------.
I certify that the foregoing declaration was made and subscribed before
me this ---- day of ----, 1893.
-------- ----------, _Officer in Charge_.
F.
CERTIFICATE THAT MUST BE HELD BY PARTY DESIRING TO OCCUPY OR ENTER UPON
THE LANDS OPENED TO SETTLEMENT BY THE PRESIDENT'S PROCLAMATION OF AUGUST
19, 1893, FOR THE PURPOSE OF SETTLING UPON A TOWN LOT.
No. ----.
BOOTH IN T. ----N., R. ----,----, _1893_.
This certifies that ---- has this day made the declaration before me
required by the President's proclamation of August 19, 1893, and he is
therefore permitted to go in upon the lands opened to settlement by said
proclamation at the time named therein for the purpose of settling upon
a town lot.
-------- ----------, _Officer in Charge_.
This certificate is not transferable. The holder will display the
certificate, if demanded, after locating on claim.
4-102d.
AFFIDAVIT.
LAND OFFICE AT --------, --------, 1893.
I, ----, of ----, applying to enter (or file for) a homestead, do
solemnly swear that I did not enter upon and occupy any portion of
the lands described and declared open to entry in the President's
proclamation dated August 19, 1893, prior to 12 o'clock noon of
September 16, 1893; also that all of the statements contained in a
certain declaration made by me as foundation for obtaining permission
to enter upon the Cherokee Outlet in pursuance of requirements of the
President's proclamation opening said outlet to settlement are true
in every particular.
-------- --------.
Sworn to and subscribed before me this ---- day of ----, 189--.
-------- --------.
NOTE.--This affidavit must be made before the register or receiver of
the proper district land office or before some officer authorized to
administer oaths and using a seal.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided by section 24 of the act of Congress approved
March 3, 1891, entitled "An act to repeal timber-culture laws, and for
other purposes"--
That the President of the United States may from time to time set
apart and reserve in any State or Territory having public land bearing
forests, in any part of the public lands wholly or in part covered
with timber or undergrowth, whether of commercial value or not, as
public reservations; and the President shall by public proclamation
declare the establishment of such reservations and the limits thereof.
And whereas the public lands in the State of Oregon within the limits
hereinafter described are in part covered with timber, and it appears
that the public good would be promoted by setting apart and reserving
said lands as a public reservation:
Now, therefore, I, Grover Cleveland, President of the United States,
by virtue of the power in me vested by section 24 of the aforesaid act
of Congress, do hereby make known and proclaim that there is hereby
reserved from entry or settlement and set apart as a public reservation
all those certain tracts, pieces, or parcels of land lying and being
situate in the State of Oregon and particularly described as follows,
to wit:
Beginning at the meander corner at the intersection of the range line
between ranges six (6) and seven (7) east, township two (2) north,
Willamette meridian, Oregon, with the mean high-water mark on the south
bank of the Columbia River in said State; thence northeasterly along
said mean high-water mark to its intersection with the township line
between townships two (2) and three (3) north; thence easterly along
said township line to the northeast corner of township two (2) north,
range eight (8) east; thence southerly along the range line between
ranges eight (8) and nine (9) east to the southwest corner of township
two (2) north, range nine (9) east; thence westerly along the township
line between townships one (1) and two (2) north to the northwest corner
of township one (1) north, range nine (9) east; thence southerly along
the range line between ranges eight (8) and nine (9) east to the
southwest corner of township one (1) north, range nine (9) east; thence
easterly along the base line to the northeast corner of township one
(1) south, range ten (10) east; thence southerly along the range line
between ranges ten (10) and eleven (11) east to the southeast corner of
township four (4) south, range ten (10) east; thence westerly along the
township line between townships four (4) and five (5) south to the
southwest corner of township four (4) south, range nine (9) east; thence
southerly along the west boundary of township five (5) south, range nine
(9) east, to its intersection with the west boundary of the Warm Springs
Indian Reservation; thence southwesterly along said Indian-reservation
boundary to the southwest corner of said reservation; thence
southeasterly along the south boundary of said Indian reservation to a
point on the north line of section three (3), township twelve (12)
south, range nine (9) east, where said boundary crosses the township
line between townships eleven (11) and twelve (12) south, range nine (9)
east; thence easterly to the northeast corner of township twelve (12)
south, range nine (9) east; thence southerly along the range line
between ranges nine (9) and ten (10) east to the southeast corner of
township thirteen (13) south, range nine (9) east; thence westerly along
the third (3d) standard parallel south to the northeast corner of
township fourteen (14) south, range nine (9) east; thence southerly
along the range line between ranges nine (9) and ten (10) east to the
southeast corner of township fifteen (15) south, range nine (9) east;
thence easterly along the third (3d) standard parallel south to the
northeast corner of township sixteen (16) south, range nine (9) east;
thence southerly along the range line between ranges nine (9) and ten
(10) east to the southeast corner of township twenty (20) south, range
nine (9) east; thence easterly along the fourth (4th) standard parallel
south to the northeast corner of township twenty-one (21) south, range
nine (9) east; thence southerly along the range line between ranges nine
(9) and ten (10) east to the southeast corner of township twenty-three
(23) south, range nine (9) east; thence westerly along the township line
between townships twenty-three (23) and twenty-four (24) south to the
southeast corner of township twenty-three (23) south, range six (6)
east; thence southerly along the range line between ranges six (6) and
seven (7) east to the southwest corner of township twenty-five (25)
south, range seven (7) east; thence westerly along the fifth (5th)
standard parallel south to the point for the northwest corner of
township twenty-six (26) south, range seven (7) east; thence southerly
along the surveyed and unsurveyed west boundaries of townships
twenty-six (26), twenty-seven (27), twenty-eight (28), twenty-nine (29),
and thirty (30) south to the southwest corner of township thirty (30)
south, range seven (7) east; thence westerly along the unsurveyed sixth
(6th) standard parallel south to the point for the northwest corner of
township thirty-one (31) south, range seven and one-half (7-1/2) east;
thence southerly along the surveyed and unsurveyed west boundaries of
townships thirty-one (31), thirty-two (32), and thirty-three (33) south,
range seven and one-half (7-1/2) east, to the southwest corner of
township thirty-three (33) south, range seven and one-half (7-1/2) east;
thence easterly along the township line between townships thirty-three
(33) and thirty-four (34) south to the northeast corner of township
thirty-four (34) south, range six (6) east; thence southerly along the
east boundaries of townships thirty-four (34) and thirty-five (35)
south, range six (6) east, to the point of intersection of the east
boundary of township thirty-five (35) south, range six (6) east, with
the west shore of Upper Klamath Lake; thence along said shore of said
lake to its intersection with the range line between ranges six (6) and
seven (7) east in township thirty-six (36) south; thence southerly along
the range line between ranges six (6) and seven (7) east to the
southeast corner of township thirty-seven (37) south, range six (6)
east; thence westerly along the township line between townships
thirty-seven (37) and thirty-eight (38) south to the southwest corner of
township thirty-seven (37) south, range four (4) east; thence northerly
along the range line between ranges three (3) and four (4) east to the
northwest corner of township thirty-six (36) south, range four (4) east;
thence easterly along the eighth (8th) standard parallel south to the
southwest corner of township thirty-five (35) south, range four (4)
east; thence northerly along the range line between ranges three (3) and
four (4) east to the southwest corner of township thirty-one (31) south,
range four (4) east; thence westerly along the township line between
townships thirty-one (31) and thirty-two (32) south to the southwest
corner of township thirty-one (31) south, range one (1) east; thence
northerly along the surveyed and unsurveyed Willamette meridian to the
northwest corner, of township twenty (20) south, range one (1) east;
thence easterly along the township line between townships nineteen (19)
and twenty (20) south to the northeast corner of township twenty (20)
south, range one (1) east; thence northerly along the range line between
ranges one (1) and two (2) east to the northwest corner of township
eighteen (18) south, range two (2) east; thence easterly along the
township line between townships seventeen (17) and eighteen (18) south
to the southeast corner of township seventeen (17) south, range two (2)
east; thence northerly along the range line between ranges two (2) and
three (3) east to the southwest corner of township seventeen (17) south,
range three (3) east; thence easterly along the surveyed and unsurveyed
township line between townships seventeen (17) and eighteen (18) south
to the point for the southeast corner of township seventeen (17) south,
range four (4) east; thence northerly along the surveyed and unsurveyed
range line between ranges four (4) and five (5) east, subject to the
proper easterly or westerly offsets on the third (3d), second (2d), and
first (1st) standard parallels south, to the northwest corner of
township five (5) south, range five (5) east; thence easterly along the
township line between townships four (4) and five (5) south to the
southeast corner of township four (4) south, range six (6) east; thence
northerly along the range line between ranges six (6) and seven (7) east
to the northwest corner of township four (4) south, range seven (7)
east; thence easterly along the township line between townships three
(3) and four (4) south to the southwest corner of section thirty-four
(34), township three (3) south, range seven (7) east; thence northerly
along the surveyed and unsurveyed section line between sections
thirty-three (33) and thirty-four (34), twenty-seven (27) and
twenty-eight (28), twenty-one (21) and twenty-two (22), fifteen (15) and
sixteen (16), nine (9) and ten (10), and three (3) and four (4) to the
northwest corner of section three (3) of said township and range; thence
easterly along the surveyed and unsurveyed township line between
townships two (2) and three (3) south to the point for the southeast
corner of township two (2) south, range eight (8) east; thence northerly
along the unsurveyed range line between ranges eight (8) and nine (9)
east to the southeast corner of township one (1) south, range eight (8)
east; thence westerly along the township line between townships one (1)
and two (2) south to the southeast corner of section thirty-four (34),
township one (1) south, range eight (8) east; thence northerly along the
section line between sections thirty-four (34) and thirty-five (35),
twenty-six (26) and twenty-seven (27), and twenty-two (22) and
twenty-three (23) to the northeast corner of section twenty-two (22);
thence westerly along the section line between sections fifteen (15) and
twenty-two (22) to the southeast corner of section sixteen (16); thence
northerly on the section line between sections fifteen (15) and sixteen
(16) to the point for the northeast corner of section sixteen (16);
thence westerly along the section line between sections nine (9) and
sixteen (16) to the southeast corner of section eight (8); thence
northerly along the section line between sections eight (8) and nine (9)
and four (4) and five (5) to the northwest corner of section four (4),
township one (1) south, range eight (8) east; thence easterly along the
base line to the southeast corner of section thirty-three (33), township
one (1) north, range eight (8) east; thence along the unsurveyed section
lines northerly to the point for the northeast corner of section
thirty-three (33), westerly to the point for the northeast corner of
section thirty-two (32), northerly to the point for the northeast corner
of section eight (8), westerly to the point for the southwest corner of
section six (6); thence northerly along the unsurveyed range line
between ranges seven (7) and eight (8) east to the point for the
northwest corner of township one (1) north, range eight (8) east; thence
westerly along the unsurveyed township line between townships one (1)
and two (2) north to the northwest corner of township one (1) north,
range seven (7) east; thence northerly along the surveyed and unsurveyed
range line between ranges six (6) and seven (7) east to the meander
corner at its intersection with the mean high-water mark on the south
bank of the Columbia River, the place of beginning.
Excepting from the force and effect of this proclamation all lands which
may have been prior to the date hereof embraced in any legal entry or
covered by any lawful filing duly of record in the proper United States
land office, or upon which any valid settlement has been made pursuant
to law and the statutory period within which to make entry or filing of
record has not expired, and all mining claims duly located and held
according to the laws of the United States and rules and regulations not
in conflict therewith.
_Provided_, That this exception shall not continue to apply to any
particular tract of land unless the entryman, settler, or claimant
continues to comply with the law under which the entry, filing,
settlement, or location was made.
Warning is hereby expressly given to all persons not to enter or make
settlement upon the tract of land reserved by this proclamation.
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 28th day of September, A.D. 1893,
and of the Independence of the United States the one hundred and
eighteenth.
GROVER CLEVELAND.
By the President:
ALVEY A. ADEE,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided by section 24 of the act of Congress approved
March 3, 1891, entitled "An act to repeal timber-culture laws, and for
other purposes"--
That the President of the United States may from time to time set
apart and reserve in any State or Territory having public land bearing
forests, in any part of the public lands wholly or in part covered with
timber or undergrowth, whether of commercial value or not, as public
reservations; and the President shall by public proclamation declare
the establishment of such reservations and the limits thereof.
And whereas the public lands in the State of Oregon within the limits
hereinafter described, are in part covered with timber, and it appears
that the public good would be promoted by setting apart and reserving
said lands as a public reservation:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the power in me vested by section 24 of the aforesaid act of
Congress, do hereby make known and proclaim that there is hereby
reserved from entry or settlement and set apart as a public reservation
all those certain tracts, pieces, or parcels of land lying and being
situate in the State of Oregon and within the boundaries particularly
described as follows, to wit:
Beginning at the northeast corner of section twenty-seven (27), township
thirty-nine (39) south, range one (1) east, Willamette meridian; thence
westerly along the surveyed and unsurveyed section line to the northwest
corner of section twenty-five (25), township thirty-nine (39) south,
range one (1) west; thence southerly along the section line to the
southwest corner of section thirty-six (36), said township and range;
thence westerly along the ninth (9th) standard parallel south to the
northwest corner of section one (1), township forty (40) south, range
one (1) west; thence southerly along the section line to the southwest
corner of section thirteen (13), said township and range; thence
easterly along the surveyed and unsurveyed section line to the point for
the southeast corner of section fourteen (14), township forty (40)
south, range one (1) east; thence northerly along the surveyed and
unsurveyed section line to the northeast corner of section thirty-five
(35), township thirty-nine (39) south, range one (1) east; thence
westerly to the northwest corner of said section thirty-five (35);
thence northerly to the northeast corner of section twenty-seven (27),
said township and range, the place of beginning.
Excepting from the force and effect of this proclamation all lands which
may have been prior to the date hereof embraced in any legal entry or
covered by any lawful filing duly of record in the proper United States
land office, or upon which any valid settlement has been made pursuant
to law and the statutory period within which to make entry or filing
of record has not expired, and all mining claims duly located and held
according to the laws of the United States and rules and regulations not
in conflict therewith.
_Provided_, That this exception shall not continue to apply to any
particular tract of land unless the entryman, settler, or claimant
continues to comply with the law under which the entry, filing,
settlement, or location was made.
Warning is hereby expressly given to all persons not to enter or make
settlement upon the tract of land reserved by this proclamation.
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 28th day of September, A.D. 1893,
and of the Independence of the United States the one hundred and
eighteenth.
GROVER CLEVELAND.
By the President:
ALVEY A. ADEE,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
While the American people should every day remember with praise and
thanksgiving the divine goodness and mercy which have followed them
since their beginning as a nation, it is fitting that one day in each
year should be especially devoted to the contemplation of the blessings
we have received from the hand of God and to the grateful acknowledgment
of His loving kindness.
Therefore, I, Grover Cleveland, President of the United States, do
hereby designate and set apart Thursday, the 30th day of the present
month of November, as a day of thanksgiving and praise to be kept and
observed by all the people of our land. On that day let us forego our
ordinary work and employments and assemble in our usual places of
worship, where we may recall all that God has done for us and where from
grateful hearts our united tribute of praise and song may reach the
Throne of Grace. Let the reunion of kindred and the social meeting of
friends lend cheer and enjoyment to the day, and let generous gifts of
charity for the relief of the poor and needy prove the sincerity of our
thanksgiving.
Witness my hand and the seal of the United States, which I have caused
to be hereto affixed.
[SEAL.]
Done at the city of Washington on the 3d day of November, A.D. 1893, and
of the Independence of the United States the one hundred and eighteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
EXECUTIVE ORDER.
AMENDMENTS OF CIVIL-SERVICE RULES.
UNITED STATES CIVIL SERVICE COMMISSION, _Washington, D.C._
Clause 2 of Departmental Rule VIII is hereby amended by inserting after
the letter "_d_" in parentheses in line 2 the following: "until
after absolute appointment and," and by striking out all after the word
"transferred" in line 4 to and including the word "made" in line 7; so
that as amended the clause will read:
2. No person may be transferred as herein authorized, except as provided
in section 1, clause (_d_), until after absolute appointment and
until the Commission shall have certified to the officer making the
transfer requisition that the person whom it is proposed to transfer has
passed an examination to test fitness for the place to which he is to be
transferred: _Provided_, That no person who has been appointed from
the copyist register shall be transferred to a place the salary of which
is more than $900 per annum until one year after appointment.
EXECUTIVE MANSION, _Washington, August 19, 1893_.
The above amendments to clause 2 of Departmental Rule VIII and said rule
as so amended are hereby approved.
GROVER CLEVELAND.
FIRST ANNUAL MESSAGE.
EXECUTIVE MANSION, _Washington, December 4, 1893_.
_To the Congress of the United States_:
The constitutional duty which requires the President from time to time
to give to the Congress information of the state of the Union and
recommend to their consideration such measures as he shall judge
necessary and expedient is fittingly entered upon by commending to the
Congress a careful examination of the detailed statements and
well-supported recommendations contained in the reports of the heads of
Departments, who are chiefly charged with the executive work of the
Government. In an effort to abridge this communication as much as is
consistent with its purpose I shall supplement a brief reference to the
contents of these departmental reports by the mention of such executive
business and incidents as are not embraced therein and by such
recommendations as appear to be at this particular time appropriate.
While our foreign relations have not at all times during the past year
been entirely free from perplexity, no embarrassing situation remains
that will not yield to the spirit of fairness and love of justice which
joined with consistent firmness, characterize a truly American foreign
policy.
My predecessor having accepted the office of arbitrator of the
longstanding Missions boundary dispute, tendered to the President by the
Argentine Republic and Brazil, it has been my agreeable duty to receive
the special envoys commissioned by those States to lay before me
evidence and arguments in behalf of their respective Governments.
The outbreak of domestic hostilities in the Republic of Brazil found
the United States alert to watch the interests of our citizens in that
country, with which we carry on important commerce. Several vessels of
our new Navy are now and for some time have been stationed at Rio de
Janeiro. The struggle being between the established Government, which
controls the machinery of administration, and with which we maintain
friendly relations, and certain officers of the navy employing the
vessels of their command in an attack upon the national capital and
chief seaport, and lacking as it does the elements of divided
administration, I have failed to see that the insurgents can reasonably
claim recognition as belligerents.
Thus far the position of our Government has been that of an attentive
but impartial observer of the unfortunate conflict. Emphasizing our
fixed policy of impartial neutrality in such a condition of affairs
as now exists, I deemed it necessary to disavow in a manner not to
be misunderstood the unauthorized action of our late naval commander
in those waters in saluting the revolted Brazilian admiral, being
indisposed to countenance an act calculated to give gratuitous sanction
to the local insurrection.
The convention between our Government and Chile having for its object
the settlement and adjustment of the demands of the two countries
against each other has been made effective by the organization of the
claims commission provided for. The two Governments failing to agree
upon the third member of the commission, the good offices of the
President of the Swiss Republic were invoked, as provided in the
treaty, and the selection of the Swiss representative in this country
to complete the organization was gratifying alike to the United States
and Chile.
The vexatious question of so-called legation asylum for offenders
against the state and its laws was presented anew in Chile by the
unauthorized action of the late United States minister in receiving into
his official residence two persons who had just failed in an attempt at
revolution and against whom criminal charges were pending growing out
of a former abortive disturbance. The doctrine of asylum as applied to
this case is not sanctioned by the best precedents, and when allowed
tends to encourage sedition and strife. Under no circumstances can the
representatives of this Government be permitted, under the ill-defined
fiction of extraterritoriality, to interrupt the administration of
criminal justice in the countries to which they are accredited. A
temperate demand having been made by the Chilean Government for the
correction of this conduct in the instance mentioned, the minister
was instructed no longer to harbor the offenders.
The legislation of last year known as the Geary law, requiring the
registration of all Chinese laborers entitled to residence in the United
States and the deportation of all not complying with the provisions
of the act within the time prescribed, met with much opposition from
Chinamen in this country. Acting upon the advice of eminent counsel
that the law was unconstitutional, the great mass of Chinese laborers,
pending judicial inquiry as to its validity, in good faith declined to
apply for the certificates required by its provisions. A test case upon
proceeding by _habeas corpus_ was brought before the Supreme Court,
and on May 15, 1893, a decision was made by that tribunal sustaining
the law.
It is believed that under the recent amendment of the act extending the
time for registration the Chinese laborers thereto entitled who desire
to reside in this country will now avail themselves of the renewed
privilege thus afforded of establishing by lawful procedure their right
to remain, and that thereby the necessity of enforced deportation may
to a great degree be avoided.
It has devolved upon the United States minister at Peking, as dean of
the diplomatic body, and in the absence of a representative of Sweden
and Norway, to press upon the Chinese Government reparation for the
recent murder of Swedish missionaries at Sung-pu. This question is of
vital interest to all countries whose citizens engage in missionary work
in the interior.
By Article XII of the general act of Brussels, signed July 2, 1890,
for the suppression of the slave trade and the restriction of certain
injurious commerce in the Independent State of the Kongo and in the
adjacent zone of central Africa, the United States and the other
signatory powers agreed to adopt appropriate means for the punishment
of persons selling arms and ammunition to the natives and for the
confiscation of the inhibited articles. It being the plain duty of this
Government to aid in suppressing the nefarious traffic, impairing as
it does the praiseworthy and civilizing efforts now in progress in that
region, I recommend that an act be passed prohibiting the sale of arms
and intoxicants, to natives in the regulated zone by our citizens.
Costa Rica has lately testified its friendliness by surrendering to the
United States, in the absence of a convention of extradition, but upon
duly submitted evidence of criminality, a noted fugitive from justice.
It is trusted that the negotiation of a treaty with that country to meet
recurring cases of this kind will soon be accomplished. In my opinion
treaties for reciprocal extradition should be concluded with all those
countries with which the United States has not already conventional
arrangements of that character.
I have deemed it fitting to express to the Governments of Costa Rica
and Colombia the kindly desire of the United States to see their pending
boundary dispute finally closed by arbitration in conformity with the
spirit of the treaty concluded between them some years ago.
Our relations with the French Republic continue to be intimate and
cordial. I sincerely hope that the extradition treaty with that country,
as amended by the Senate, will soon be operative.
While occasional questions affecting our naturalized citizens returning
to the land of their birth have arisen in our intercourse with Germany,
our relations with that country continue satisfactory.
The questions affecting our relations with Great Britain have been
treated in a spirit of friendliness.
Negotiations are in progress between the two Governments with a view to
such concurrent action as will make the award and regulations agreed
upon by the Bering Sea Tribunal of Arbitration practically effective,
and it is not doubted that Great Britain will cooperate freely with this
country for the accomplishment of that purpose.
The dispute growing out of the discriminating tolls imposed in the
Welland Canal upon cargoes of cereals bound to and from the lake ports
of the United States was adjusted by the substitution of a more
equitable schedule of charges, and my predecessor thereupon suspended
his proclamation imposing discriminating tolls upon British transit
through our canals.[1]
A request for additions to the list of extraditable offenses covered by
the existing treaty between the two countries is under consideration.
During the past year an American citizen employed in a subordinate
commercial position in Hayti, after suffering a protracted imprisonment
on an unfounded charge of smuggling, was finally liberated on judicial
examination. Upon urgent representation to the Haytian Government a
suitable indemnity was paid to the sufferer.
By a law of Hayti a sailing vessel, having discharged her cargo, is
refused clearance until the duties on such cargo have been paid. The
hardship of this measure upon American shipowners, who conduct the bulk
of the carrying trade of that country, has been insisted on with a view
of securing the removal of this cause of complaint.
Upon receiving authentic information of the firing upon an American mail
steamer touching at the port of Amapala because her captain refused to
deliver up a passenger in transit from Nicaragua to Guatemala upon
demand of the military authorities of Honduras, our minister to that
country, under instructions, protested against the wanton act and
demanded satisfaction. The Government of Honduras, actuated by a sense
of justice and in a spirit of the utmost friendship, promptly disavowed
the illegal conduct of its officers and expressed sincere regret for the
occurrence.
It is confidently anticipated that a satisfactory adjustment will
soon be reached of the questions arising out of the seizure and use of
American vessels by insurgents in Honduras and the subsequent denial by
the successful Government of commercial privileges to those vessels on
that account.
A notable part of the southeasterly coast of Liberia between the Cavally
and San Pedro rivers, which for nearly half a century has been generally
recognized as belonging to that Republic by cession and purchase, has
been claimed to be under the protectorate of France in virtue of
agreements entered into by the native tribes, over whom Liberia's
control has not been well maintained.
More recently negotiations between the Liberian representative and the
French Government resulted in the signature at Paris of a treaty whereby
as an adjustment certain Liberian territory is ceded to France. This
convention at last advices had not been ratified by the Liberian
Legislature and Executive.
Feeling a sympathetic interest in the fortunes of the little
Commonwealth, the establishment and development of which were largely
aided by the benevolence of our countrymen, and which constitutes the
only independently sovereign state on the west coast of Africa, this
Government has suggested to the French Government its earnest concern
lest territorial impairment in Liberia should take place without her
unconstrained consent.
Our relations with Mexico continue to be of that close and friendly
nature which should always characterize the intercourse of two
neighboring republics.
The work of relocating the monuments marking the boundary between the
two countries from Paso del Norte to the Pacific is now nearly
completed.
The commission recently organized under the conventions of 1884 and 1889
it is expected will speedily settle disputes growing out of the shifting
currents of the Rio Grande River east of El Paso.
Nicaragua has recently passed through two revolutions, the party at
first successful having in turn been displaced by another. Our newly
appointed minister by his timely good offices aided in a peaceful
adjustment of the controversy involved in the first conflict. The large
American interests established in that country in connection with the
Nicaragua Canal were not molested.
The canal company has unfortunately become financially seriously
embarrassed, but a generous treatment had been extended to it by the
Government of Nicaragua. The United States are especially interested
in the successful achievement of the vast undertaking this company
has in charge. That it should be accomplished under distinctively
American auspices, and its enjoyment assured not only to the vessels
of this country as a channel of communication between our Atlantic and
Pacific seaboards, but to the ships of the world in the interests of
civilization, is a proposition which, in my judgment, does not admit
of question.
Guatemala has also been visited by the political vicissitudes which
have afflicted her Central American neighbors, but the dissolution of
its Legislature and the proclamation of a dictatorship have been
unattended with civil war.
An extradition treaty with Norway has recently been exchanged and
proclaimed.
The extradition treaty with Russia signed in March, 1887, and amended
and confirmed by the Senate in February last, was duly proclaimed last
June.
Led by a desire to compose differences and contribute to the restoration
of order in Samoa, which for some years previous had been the scene of
conflicting foreign pretensions and native strife, the United States,
departing from its policy consecrated by a century of observance,
entered four years ago into the treaty of Berlin, thereby becoming
jointly bound with England and Germany to establish and maintain
Malietoa Laupepa as King of Samoa. The treaty provided for a foreign
court of justice; a municipal council for the district of Apia, with a
foreign president thereof, authorized to advise the King; a tribunal for
the settlement of native and foreign land titles, and a revenue system
for the Kingdom. It entailed upon the three powers that part of the cost
of the new Government not met by the revenue of the islands.
Early in the life of this triple protectorate the native dissensions it
was designed to quell revived. Rivals defied the authority of the new
King, refusing to pay taxes and demanding the election of a ruler by
native suffrage. Mataafa, an aspirant to the throne, and a large number
of his native adherents were in open rebellion on one of the islands.
Quite lately, at the request of the other powers and in fulfillment of
its treaty obligation, this Government agreed to unite in a joint
military movement of such dimensions as would probably secure the
surrender of the insurgents without bloodshed.
The war ship _Philadelphia_ was accordingly put under orders for
Samoa, but before she arrived the threatened conflict was precipitated
by King Malietoa's attack upon the insurgent camp. Mataafa was defeated
and a number of his men killed. The British and German naval vessels
present subsequently secured the surrender of Mataafa and his adherents.
The defeated chief and ten of his principal supporters were deported to
a German island of the Marshall group, where they are held as prisoners
under the joint responsibility and cost of the three powers.
This incident and the events leading up to it signally illustrate the
impolicy of entangling alliances with foreign powers.
More than fifteen years ago this Government preferred a claim against
Spain in behalf of one of our citizens for property seized and
confiscated in Cuba. In 1886 the claim was adjusted, Spain agreeing to
pay unconditionally, as a fair indemnity, $1,500,000. A respectful but
earnest note was recently addressed to the Spanish Government insisting
upon prompt fulfillment of its long-neglected obligation.
Other claims preferred by the United States against Spain in behalf of
American citizens for property confiscated in Cuba have been pending for
many years.
At the time Spain's title to the Caroline Islands was confirmed by
arbitration that Government agreed that the rights which had been
acquired there by American missionaries should be recognized and
respected. It is sincerely hoped that this pledge will be observed by
allowing our missionaries, who were removed from Ponape to a place of
safety by a United States war ship during the late troubles between the
Spanish garrison and the natives, to return to their field of
usefulness.
The reproduced caravel _Santa Maria_, built by Spain and sent to
the Columbian Exposition, has been presented to the United States in
token of amity and in commemoration of the event it was designed to
celebrate. I recommend that in accepting this gift Congress make
grateful recognition of the sincere friendship which prompted it.
Important matters have demanded attention in our relations with the
Ottoman Porte.
The firing and partial destruction by an unrestrained mob of one of the
school buildings of Anatolia College, established by citizens of the
United States at Marsovan, and the apparent indifference of the Turkish
Government to the outrage, notwithstanding the complicity of some of its
officials, called for earnest remonstrance, which was followed by
promise of reparation and punishment of the offenders.
Indemnity for the injury to the buildings has already been paid,
permission to rebuild given, registration of the school property in the
name of the American owners secured, and efficient protection
guaranteed.
Information received of maltreatment suffered by an inoffensive American
woman engaged in missionary work in Turkish Koordistan was followed by
such representations to the Porte as resulted in the issuance of orders
for the punishment of her assailants, the removal of a delinquent
official, and the adoption of measures for the protection of our
citizens engaged in mission and other lawful work in that quarter.
Turkey complains that her Armenian subjects obtain citizenship in this
country not to identify themselves in good faith with our people, but
with the intention of returning to the land of their birth and there
engaging in sedition. This complaint is not wholly without foundation.
A journal published in this country in the Armenian language openly
counsels its readers to arm, organize, and participate in movements
for the subversion of Turkish authority in the Asiatic provinces.
The Ottoman Government has announced its intention to expel from its
dominions Armenians who have obtained naturalization in the United
States since 1868.
The right to exclude any or all classes of aliens is an attribute of
sovereignty. It is a right asserted and, to a limited extent, enforced
by the United States, with the sanction of our highest court. There
being no naturalization treaty between the United States and Turkey, our
minister at Constantinople has been instructed that, while recognizing
the right of that Government to enforce its declared policy against
naturalized Armenians, he is expected to protect them from unnecessary
harshness of treatment.
In view of the impaired financial resources of Venezuela consequent upon
the recent revolution there, a modified arrangement for the satisfaction
of the awards of the late revisory claims commission, in progressive
installments, has been assented to, and payments are being regularly
made thereunder.
The boundary dispute between Venezuela and British Guiana is yet
unadjusted. A restoration of diplomatic intercourse between that
Republic and Great Britain and reference of the question to impartial
arbitration would be a most gratifying consummation.
The ratification by Venezuela of the convention for the arbitration of
the long-deferred claim of the Venezuelan Transportation Company is
awaited.
It is hardly necessary for me to state that the questions arising
from our relations with Hawaii have caused serious embarrassment.
Just prior to the installation of the present Administration the
existing Government of Hawaii had been suddenly overthrown and a treaty
of annexation had been negotiated between the Provisional Government
of the islands and the United States and submitted to the Senate for
ratification. This treaty I withdrew for examination and dispatched
Hon. James H. Blount, of Georgia, to Honolulu as a special commissioner
to make an impartial investigation of the circumstances attending the
change of government and of all the conditions bearing upon the subject
of the treaty. After a thorough and exhaustive examination Mr. Blount
submitted to me his report, showing beyond all question that the
constitutional Government of Hawaii had been subverted with the
active aid of our representative to that Government and through the
intimidation caused by the presence of an armed naval force of the
United States, which was landed for that purpose at the instance of our
minister. Upon the facts developed it seemed to me the only honorable
course for our Government to pursue was to undo the wrong that had been
done by those representing us and to restore as far as practicable the
status existing at the time of our forcible intervention. With a view of
accomplishing this result within the constitutional limits of executive
power, and recognizing all our obligations and responsibilities growing
out of any changed conditions brought about by our unjustifiable
interference, our present minister at Honolulu has received appropriate
instructions to that end. Thus far no information of the accomplishment
of any definite results has been received from him.
Additional advices are soon expected. When received they will be
promptly sent to the Congress, together with all other information at
hand, accompanied by a special Executive message fully detailing all the
facts necessary to a complete understanding of the case and presenting a
history of all the material events leading up to the present situation.
By a concurrent resolution passed by the Senate February 14, 1890,
and by the House of Representatives on the 3d of April following the
President was requested to "invite from time to time, as fit occasions
may arise, negotiations with any government with which the United States
has or may have diplomatic relations, to the end that any differences or
disputes arising between the two governments which can not be adjusted
by diplomatic agency may be referred to arbitration and be peaceably
adjusted by such means." April 18, 1890, the International American
Conference of Washington by resolution expressed the wish that all
controversies between the republics of America and the nations of Europe
might be settled by arbitration, and recommended that the government of
each nation represented in that conference should communicate this wish
to all friendly powers. A favorable response has been received from
Great Britain in the shape of a resolution adopted by Parliament July 16
last, cordially sympathizing with the purpose in view and expressing the
hope that Her Majesty's Government will lend ready cooperation to the
Government of the United States upon the basis of the concurrent
resolution above quoted.
It affords me signal pleasure to lay this parliamentary resolution
before the Congress and to express my sincere gratification that the
sentiment of two great and kindred nations is thus authoritatively
manifested in favor of the rational and peaceable settlement of
international quarrels by honorable resort to arbitration.
Since the passage of the act of March 3, 1893, authorizing the President
to raise the grade of our envoys to correspond with the rank in which
foreign countries accredit their agents here, Great Britain, France,
Italy, and Germany have conferred upon their representatives at this
capital the title of ambassador, and I have responded by accrediting the
agents of the United States in those countries with the same title. A
like elevation of mission is announced by Russia, and when made will be
similarly met. This step fittingly comports with the position the United
States hold in the family of nations.
During my former Administration I took occasion to recommend a recast of
the laws relating to the consular service, in order that it might become
a more efficient agency in the promotion of the interests it was
intended to subserve. The duties and powers of consuls have been
expanded with the growing requirements of our foreign trade. Discharging
important duties affecting our commerce and American citizens abroad,
and in certain countries exercising judicial functions, these officers
should be men of character, intelligence, and ability.
Upon proof that the legislation of Denmark secures copyright to American
citizens on equal footing with its own, the privileges of our copyright
laws have been extended by proclamation to subjects of that country.[2]
The Secretary of the Treasury reports that the receipts of the
Government from all sources during the fiscal year ended June 30, 1893,
amounted to $461,716,561.94 and its expenditures to $459,374,674.29.
There was collected from customs $205,355,016.73 and from internal
revenue $161,027,623.93. Our dutiable imports amounted to $421,856,711,
an increase of $52,453,907 over the preceding year, and importations
free of duty amounted to $444,544,211, a decrease from the preceding
year of $13,455,447. Internal-revenue receipts exceeded those of the
preceding year by $7,147,445.32. The total tax collected on distilled
spirits was $94,720,260.55, on manufactured tobacco $31,889,711.74, and
on fermented liquors $32,548,983.07. We exported merchandise during the
year amounting to $847,665,194, a decrease of $182,612,954 from the
preceding year. The amount of gold exported was larger than any previous
year in the history of the Government, amounting to $108,680,844, and
exceeding the amount exported during the preceding year by $58,485,517.
The sum paid from the Treasury for sugar bounty was $9,375,130.88, an
increase over the preceding year of $2,033,053.09.
It is estimated upon the basis of present revenue laws that the receipts
of the Government for the year ending June 30, 1894, will be
$430,121,365.38 and its expenditures $458,121,365.28, resulting in a
deficiency of $28,000,000.
On the 1st day of November, 1893, the amount of money of all kinds in
circulation, or not included in Treasury holdings, was $1,718,544,682,
an increase for the year of $112,404,947. Estimating our population at
67,426,000 at the time mentioned, the per capita circulation was $25.49.
On the same date there was in the Treasury gold bullion amounting to
$96,657,273 and silver bullion which was purchased at a cost of
$126,261,553.
The purchases of silver under the law of July 14, 1890, during the last
fiscal year aggregated 54,008,162.59 fine ounces, which cost
$45,531,374.53. The total amount of silver purchased from the time that
law became operative until the repeal of its purchasing clause, on the
1st day of November, 1893, was 168,674,590.46 fine ounces, which cost
$155,930,940.84. Between the 1st day of March, 1873, and the 1st day of
November, 1893, the Government purchased under all laws 503,003,717 fine
ounces of silver, at a cost of $516,622,948. The silver dollars that
have been coined under the act of July 14, 1890, number 36,087,285. The
seigniorage arising from such coinage was $6,977,098.39, leaving on hand
in the mints 140,699,760 fine ounces of silver, which cost $126,758,218.
Our total coinage of all metals during the last fiscal year consisted
of 97,280,875 pieces, valued at $43,685,178.80, of which there was
$30,038,140 in gold coin, $5,343,715 in silver dollars, $7,217,220.90
in subsidiary silver coin, and $1,086,102.90 in minor coins.
During the calendar year 1892 the production of precious metals in the
United States was estimated to be 1,596,375 fine ounces of gold of the
commercial and coinage value of $33,000,000 and 58,000,000 fine ounces
of silver of the bullion or market value of $50,750,000 and of the
coinage value of $74,989,900.
It is estimated that on the 1st day of July, 1893, the metallic stock of
money in the United States, consisting of coin and bullion, amounted to
$1,213,559,169, of which $597,697,685 was gold and $615,861,484 was
silver.
One hundred and nineteen national banks were organized during the
year ending October 31, 1893, with a capital of $11,230,000. Forty-six
went into voluntary liquidation and 158 suspended. Sixty-five of the
suspended banks were insolvent, 86 resumed business, and 7 remain in the
hands of the bank examiners, with prospects of speedy resumption. Of the
new banks organized, 44 were located in the Eastern States, 41 west of
the Mississippi River, and 34 in the Central and Southern States. The
total number of national banks in existence on October 31, 1893, was
3,796, having an aggregate capital of $695,558,120. The net increase
in the circulation of these banks during the year was $36,886,972.
The recent repeal of the provision of law requiring the purchase of
silver bullion by the Government as a feature of our monetary scheme has
made an entire change in the complexion of our currency affairs. I do
not doubt that the ultimate result of this action will be most salutary
and far-reaching. In the nature of things, however, it is impossible to
know at this time precisely what conditions will be brought about by the
change, or what, if any, supplementary legislation may in the light of
such conditions appear to be essential or expedient. Of course, after
the recent financial perturbation, time is necessary for the
reestablishment of business confidence. When, however, through this
restored confidence, the money which has been frightened into hoarding
places is returned to trade and enterprise, a survey of the situation
will probably disclose a safe path leading to a permanently sound
currency, abundantly sufficient to meet every requirement of our
increasing population and business.
In the pursuit of this object we should resolutely turn away from
alluring and temporary expedients, determined to be content with nothing
less than a lasting and comprehensive financial plan. In these
circumstances I am convinced that a reasonable delay in dealing with
this subject, instead of being injurious, will increase the probability
of wise action.
The monetary conference which assembled at Brussels upon our invitation
was adjourned to the 30th day of November of the present year. The
considerations just stated and the fact that a definite proposition
from us seemed to be expected upon the reassembling of the conference
led me to express a willingness to have the meeting still further
postponed.
It seems to me that it would be wise to give general authority to the
President to invite other nations to such a conference at any time when
there should be a fair prospect of accomplishing an international
agreement on the subject of coinage.
I desire also to earnestly suggest the wisdom of amending the existing
statutes in regard to the issuance of Government bonds. The authority
now vested in the Secretary of the Treasury to issue bonds is not as
clear as it should be, and the bonds authorized are disadvantageous to
the Government both as to the time of their maturity and rate of
interest.
The Superintendent of Immigration, through the Secretary of the
Treasury, reports that during the last fiscal year there arrived at our
ports 440,793 immigrants. Of these, 1,063 were not permitted to land
under the limitations of the law and 577 were returned to the countries
from whence they came by reason of their having become public charges.
The total arrivals were 141,034 less than for the previous year.
The Secretary in his report gives an account of the operation of the
Marine-Hospital Service and of the good work done under its supervision
in preventing the entrance and spread of contagious diseases.
The admonitions of the last two years touching our public health and the
demonstrated danger of the introduction of contagious diseases from
foreign ports have invested the subject of national quarantine with
increased interest. A more general and harmonious system than now
exists, acting promptly and directly everywhere and constantly operating
by preventive means to shield our country from the invasion of disease,
and at the same time having due regard to the rights and duties of local
agencies, would, I believe, add greatly to the safety of our people.
The Secretary of War reports that the strength of the Army on the 30th
day of September last was 25,778 enlisted men and 2,144 officers.
The total expenditures of the Department for the year ending June 30,
1893, amounted to $51,966,074.89. Of this sum $1,992,581.95 was for
salaries and contingent expenses, $23,377,828.35 for the support of the
military establishment, $6,077,033.18 for miscellaneous objects, and
$20,518,631.41 for public works. This latter sum includes $15,296,876.46
for river and harbor improvements and $3,266,141.20 for fortifications
and other works of defense.
The total enrollment of the militia of the several States was on the
31st of October of the current year 112,597 officers and enlisted men.
The officers of the Army detailed for the inspection and instruction of
this reserve of our military force report that increased interest and
marked progress are apparent in the discipline and efficiency of the
organization.
Neither Indian outbreaks nor domestic violence have called the
Army into service during the year, and the only active military duty
required of it has been in the Department of Texas, where violations of
the neutrality laws of the United States and Mexico were promptly and
efficiently dealt with by the troops, eliciting the warm approval of the
civil and military authorities of both countries.
The operation of wise laws and the influences of civilization constantly
tending to relieve the country from the dangers of Indian hostilities,
together with the increasing ability of the States, through the
efficiency of the National Guard organizations, to protect their
citizens from domestic violence, lead to the suggestion that the time is
fast approaching when there should be a reorganization of our Army on
the lines of the present necessities of the country. This change
contemplates neither increase in number nor added expense, but a
redistribution of the force and an encouragement of measures tending to
greater efficiency among the men and improvement of the service.
The adoption of battalion formations for infantry regiments, the
strengthening of the artillery force, the abandonment of smaller and
unnecessary posts, and the massing of the troops at important and
accessible stations all promise to promote the usefulness of the Army.
In the judgment of army officers, with but few exceptions, the operation
of the law forbidding the reenlistment of men after ten years' service
has not proved its wisdom, and while the arguments that led to its
adoption were not without merit the experience of the year constrains me
to join in the recommendation for its repeal.
It is gratifying to note that we have begun to attain completed results
in the comprehensive scheme of seacoast defense and fortification
entered upon eight years ago. A large sum has been already expended, but
the cost of maintenance will be inconsiderable as compared with the
expense of construction and ordnance. At the end of the current calendar
year the War Department will have nine 12-inch guns, twenty 10-inch, and
thirty-four 8-inch guns ready to be mounted on gun lifts and carriages,
and seventy-five 12-inch mortars. In addition to the product of the Army
Gun Factory, now completed at Watervliet, the Government has contracted
with private parties for the purchase of one hundred guns of these
calibers, the first of which should be delivered to the Department for
test before July 1, 1894.
The manufacture of heavy ordnance keeps pace with current needs, but to
render these guns available for the purposes they are designed to meet
emplacements must be prepared for them. Progress has been made in this
direction, and it is desirable that Congress by adequate appropriations
should provide for the uninterrupted prosecution of this necessary work.
After much preliminary work and exhaustive examination in accordance
with the requirements of the law, the board appointed to select a
magazine rifle of modern type with which to replace the obsolete
Springfield rifle of the infantry service completed its labors during
the last year, and the work of manufacture is now in progress at the
national armory at Springfield. It is confidently expected that by the
end of the current year our infantry will be supplied with a weapon
equal to that of the most progressive armies of the world.
The work on the projected Chickamauga and Chattanooga National
Military Park has been prosecuted with zeal and judgment, and its
opening will be celebrated during the coming year. Over 9 square miles
of the Chickamauga battlefield have been acquired, 25 miles of roadway
have been constructed, and permanent tablets have been placed at many
historical points, while the invitation to the States to mark the
positions of their troops participating in the battle has been very
generally accepted.
The work of locating and preserving the lines of battle at the
Gettysburg battlefield is making satisfactory progress on the plans
directed by the last Congress.
The reports of the Military Academy at West Point and the several
schools for special instruction of officers show marked advance in the
education of the Army and a commendable ambition among its officers to
excel in the military profession and to fit themselves for the highest
service to the country.
Under the supervision of Adjutant-General Robert Williams, lately
retired, the Bureau of Military Information has become well established
and is performing a service that will put in possession of the
Government in time of war most valuable information, and at all times
serve a purpose of great utility in keeping the Army advised of the
world's progress in all matters pertaining to the art of war.
The report of the Attorney-General contains the usual summary of the
affairs and proceedings of the Department of Justice for the past year,
together with certain recommendations as to needed legislation on
various subjects. I can not too heartily indorse the proposition that
the fee system as applicable to the compensation of United States
attorneys, marshals, clerks of Federal courts, and United States
commissioners should be abolished with as little delay as possible. It
is clearly in the interest of the community that the business of the
courts, both civil and criminal, shall be as small and as inexpensively
transacted as the ends of justice will allow.
The system is therefore thoroughly vicious which makes the compensation
of court officials depend upon the volume of such business, and thus
creates a conflict between a proper execution of the law and private
gain, which can not fail to be dangerous to the rights and freedom of
the citizen and an irresistible temptation to the unjustifiable
expenditure of public funds. If in addition to this reform another was
inaugurated which would give to United States commissioners the final
disposition of petty offenses within the grade of misdemeanors,
especially those coming under the internal-revenue laws, a great advance
would be made toward a more decent administration of the criminal law.
In my first message to Congress, dated December 8, 1885,[3] I strongly
recommended these changes and referred somewhat at length to the evils
of the present system. Since that time the criminal business of the
Federal courts and the expense attending it have enormously increased.
The number of criminal prosecutions pending in the circuit and district
courts of the United States on the 1st day of July, 1885, was 3,808, of
which 1,884 were for violations of the internal-revenue laws, while the
number of such prosecutions pending on the 1st day of July, 1893, was
9,500, of which 4,200 were for violations of the internal-revenue laws.
The expense of the United States courts, exclusive of judges' salaries,
for the year ending July 1, 1885, was $2,874,733.11 and for the year
ending July 1, 1893, $4,528,676.87.
It is therefore apparent that the reasons given in 1885 for a change in
the manner of enforcing the Federal criminal law have gained cogency and
strength by lapse of time.
I also heartily join the Attorney-General in recommending legislation
fixing degrees of the crime of murder within Federal jurisdiction, as
has been done in many of the States; authorizing writs of error on
behalf of the Government in cases where final judgment is rendered
against the sufficiency of an indictment or against the Government upon
any other question arising before actual trial; limiting the right of
review in cases of felony punishable only by fine and imprisonment to
the circuit court of appeals, and making speedy provision for the
construction of such prisons and reformatories as may be necessary for
the confinement of United States convicts.
The report of the Postmaster-General contains a detailed statement of
the operations of the Post-Office Department during the last fiscal year
and much interesting information touching this important branch of the
public service.
The business of the mails indicates with absolute certainty the
condition of the business of the country, and depression in financial
affairs inevitably and quickly reduces the postal revenues. Therefore
a larger discrepancy than usual between the post-office receipts and
expenditures is the expected and unavoidable result of the distressing
stringency which has prevailed throughout the country during much of the
time covered by the Postmaster-General's report. At a date when better
times were anticipated it was estimated by his predecessor that the
deficiency on the 30th day of June, 1893, would be but a little over
a million and a half dollars. It amounted, however, to more than five
millions. At the same time and under the influence of like anticipations
estimates were made for the current fiscal year, ending June 30, 1894,
which exhibited a surplus of revenue over expenditures of $872,245.71;
but now, in view of the actual receipts and expenditures during that
part of the current fiscal year already expired, the present
Postmaster-General estimates that at its close instead of a surplus
there will be a deficiency of nearly $8,000,000.
The post-office receipts for the last fiscal year amounted to
$75,896,933.16 and its expenditures to $81,074,104.90. This post-office
deficiency would disappear or be immensely decreased if less matter were
carried free through the mails, an item of which is upward of 300 tons
of seeds and grain from the Agricultural Department.
The total number of post-offices in the United States on the 30th day of
June, 1893, was 68,403, an increase of 1,284 over the preceding year. Of
these, 3,360 were Presidential, an increase in that class of 204 over
the preceding year.
Forty-two free-delivery offices were added during the year to those
already existing, making a total of 610 cities and towns provided with
free delivery on June 30, 1893. Ninety-three other cities and towns are
now entitled to this service under the law, but it has not been accorded
them on account of insufficient funds to meet the expenses of its
establishment.
I am decidedly of the opinion that the provisions of the present law
permit as general an introduction of this feature of mail service as
is necessary or justifiable, and that it ought not to be extended to
smaller communities than are now designated.
The expenses of free delivery for the fiscal year ending June 30, 1894,
will be more than $11,000,000, and under legislation now existing there
must be a constant increase in this item of expenditure.
There were 6,401 additions to the domestic money-order offices during
the last fiscal year, being the largest increase in any year since the
inauguration of the system. The total number of these offices at the
close of the year was 18,434. There were 13,309,735 money orders issued
from these offices, being an increase over the preceding year of
1,240,293, and the value of these orders amounted to $127,576,433.65, an
increase of $7,509,632.58. There were also issued during the year postal
notes amounting to $12,903,076.73.
During the year 195 international money-order offices were added to
those already provided, making a total of 2,407 in operation on June 30,
1893. The number of international money orders issued during the year
was 1,055,999, an increase over the preceding year of 72,525, and their
value was $16,341,837.86, an increase of $1,221,506.31. The number of
orders paid was 300,917, an increase over the preceding year of 13,503,
and their value was $5,283,375.70, an increase of $94,094.83.
From the foregoing statements it appears that the total issue of money
orders and postal notes for the year amounted to $156,821,348.24.
The number of letters and packages mailed during the year for special
delivery was 3,375,693, an increase over the preceding year of nearly
22 per cent. The special-delivery stamps used upon these letters and
packages amounted to $337,569.30, and the messengers' fees paid for
their delivery amounted to $256,592.71, leaving a profit to the
Government of $80,976.59.
The Railway Mail Service not only adds to the promptness of
mail delivery at all offices, but it is the especial instrumentality
which puts the smaller and way places in the service on an equality
in that regard with the larger and terminal offices. This branch
of the postal service has therefore received much attention from the
Postmaster-General, and though it is gratifying to know that it is in
a condition of high efficiency and great usefulness, I am led to agree
with the Postmaster-General that there is room for its further
improvement.
There are now connected to the Post-Office establishment 28,324
employees who are in the classified service. The head of this great
Department gives conclusive evidence of the value of civil-service
reform when, after an experience that renders his judgment on the
subject absolutely reliable, he expresses the opinion that without
the benefit of this system it would be impossible to conduct the vast
business intrusted to him.
I desire to commend as especially worthy of prompt attention the
suggestions of the Postmaster-General relating to a more sensible and
businesslike organization and a better distribution of responsibility
in his Department.
The report of the Secretary of the Navy contains a history of the
operations of his Department during the past year and exhibits a most
gratifying condition of the personnel of our Navy. He presents a
satisfactory account of the progress which has been made in the
construction of vessels and makes a number of recommendations to which
attention is especially invited.
During the past six months the demands for cruising vessels have been
many and urgent. There have been revolutions calling for vessels to
protect American interests in Nicaragua, Guatemala, Costa Rica,
Honduras, Argentina, and Brazil, while the condition of affairs in
Honolulu has required the constant presence of one or more ships. With
all these calls upon our Navy it became necessary, in order to make up a
sufficient fleet to patrol the Bering Sea under the _modus vivendi_
agreed upon with Great Britain, to detail to that service one vessel
from the Fish Commission and three from the Revenue Marine.
Progress in the construction of new vessels has not been as rapid as
was anticipated. There have been delays in the completion of unarmored
vessels, but for the most part they have been such as are constantly
occurring even in countries having the largest experience in naval
shipbuilding. The most serious delays, however, have been in the work
upon armored ships. The trouble has been the failure of contractors to
deliver armor as agreed. The difficulties seem now, however, to have
been all overcome, and armor is being delivered with satisfactory
promptness. As a result of the experience acquired by shipbuilders and
designers and material men, it is believed that the dates when vessels
will be completed can now be estimated with reasonable accuracy. Great
guns, rapid-fire guns, torpedoes, and powder are being promptly
supplied.
The following vessels of the new Navy have been completed and are
now ready for service: The double-turreted coast-defense monitor
_Miantonomoh_, the double-turreted coast-defense monitor _Monterey_,
the armored cruiser _New York_, the protected cruisers _Baltimore_,
_Chicago_, _Philadelphia_, _Newark_, _San Francisco_, _Charleston_,
_Atlanta_, and _Boston_, the cruiser _Detroit_, the gunboats _Yorktown_,
_Concord_, _Bennington_, _Machias_, _Castine_, and _Petrel_, the
dispatch vessel _Dolphin_, the practice vessel _Bancroft_, and the
dynamite gunboat _Vesuvius_. Of these the _Bancroft_, _Machias_,
_Detroit_, and _Castine_ have been placed in commission during the current
calendar year.
The following vessels are in process of construction: The second-class
battle ships _Maine_ and _Texas_, the cruisers _Montgomery_ and
_Marblehead_, and the coast-defense monitors _Terror_, _Puritan_,
_Amphitrite_, and _Monadnock_, all of which will be completed within one
year; the harbor-defense ram _Katahdin_ and the protected cruisers
_Columbia_, _Minneapolis_, _Olympia_, _Cincinnati_, and _Raleigh_, all
of which will be completed prior to July 1, 1895; the first-class battle
ships _Iowa_, _Indiana_, _Massachusetts_, and _Oregon_, which will be
completed February 1, 1896, and the armored cruiser _Brooklyn_, which
will be completed by August 1 of that year. It is also expected that the
three gunboats authorized by the last Congress will be completed in less
than two years.
Since 1886 Congress has at each session authorized the building of one
or more vessels, and the Secretary of the Navy presents an earnest plea
for the continuance of this plan. He recommends the authorization of at
least one battle ship and six torpedo boats.
While I am distinctly in favor of consistently pursuing the policy we
have inaugurated of building up a thorough and efficient Navy, I can not
refrain from the suggestion that the Congress should carefully take into
account the number of unfinished vessels on our hands and the depleted
condition of our Treasury in considering the propriety of an
appropriation at this time to begin new work.
The method of employing mechanical labor at navy-yards through boards of
labor and making efficiency the sole test by which laborers are employed
and continued is producing the best results, and the Secretary is
earnestly devoting himself to its development. Attention is invited to
the statements of his report in regard to the workings of the system.
The Secretary of the Interior has the supervision of so many important
subjects that his report is of especial value and interest.
On the 30th day of June, 1893, there were on the pension rolls 966,012
names, an increase of 89,944 over the number on the rolls June 30, 1892.
Of these there were 17 widows and daughters of Revolutionary soldiers,
86 survivors of the War of 1812, 5,425 widows of soldiers of that war,
21,518 survivors and widows of the Mexican War, 3,882 survivors and
widows of Indian wars, 284 army nurses, and 475,645 survivors and
widows and children of deceased soldiers and sailors of the War of the
Rebellion. The latter number represents those pensioned on account of
disabilities or death resulting from army and navy service. The number
of persons remaining on the rolls June 30, 1893, who were pensioned
under the act of June 27, 1890, which allows pensions on account of
death and disability not chargeable to army service, was 459,155.
The number added to the rolls during the year was 123,634 and the number
dropped was 33,690. The first payments on pensions allowed during the
year amounted to $33,756,549.98. This includes arrears, or the
accumulation between the time from which the allowance of pension dates
and the time of actually granting the certificate.
Although the law of 1890 permits pensions for disabilities not related
to military service, yet as a requisite to its benefits a disability
must exist incapacitating applicants "from the performance of manual
labor to such a degree as to render them unable to earn a support." The
execution of this law in its early stages does not seem to have been in
accord with its true intention, but toward the close of the last
Administration an authoritative construction was given to the statute,
and since that time this construction has been followed. This has had
the effect of limiting the operation of the law to its intended purpose.
The discovery having been made that many names had been put upon the
pension roll by means of wholesale and gigantic frauds, the Commissioner
suspended payments upon a number of pensions which seemed to be
fraudulent or unauthorized pending a complete examination, giving notice
to the pensioners, in order that they might have an opportunity to
establish, if possible, the justice of their claims notwithstanding
apparent invalidity.
This, I understand, is the practice which has for a long time prevailed
in the Pension Bureau; but after entering upon these recent
investigations the Commissioner modified this rule so as not to allow
until after a complete examination interference with the payment of a
pension apparently not altogether void, but which merely had been fixed
at a rate higher than that authorized by law.
I am unable to understand why frauds in the pension rolls should
not be exposed and corrected with thoroughness and vigor. Every name
fraudulently put upon these rolls is a wicked imposition upon the
kindly sentiment in which pensions have their origin; every fraudulent
pensioner has become a bad citizen; every false oath in support of
a pension has made perjury more common, and false and undeserving
pensioners rob the people not only of their money, but of the patriotic
sentiment which the survivors of a war fought for the preservation of
the Union ought to inspire. Thousands of neighborhoods have their
well-known fraudulent pensioners, and recent developments by the Bureau
establish appalling conspiracies to accomplish pension frauds. By no
means the least wrong done is to brave and deserving pensioners, who
certainly ought not to be condemned to such association. Those who
attempt in the line of duty to rectify these wrongs should not be
accused of enmity or indifference to the claims of honest veterans.
The sum expended on account of pensions for the year ending June 30,
1893, was $156,740,467.14.
The Commissioner estimates that $165,000,000 will be required to pay
pensions during the year ending June 30, 1894.
The condition of the Indians and their ultimate fate are subjects which
are related to a sacred duty of the Government and which strongly appeal
to the sense of justice and the sympathy of our people.
Our Indians number about 248,000. Most of them are located on 161
reservations, containing 86,116,531 acres of land. About 110,000 of
these Indians have to a large degree adopted civilized customs. Lands in
severalty have been allotted to many of them. Such allotments have been
made to 10,000 individuals during the last fiscal year, embracing about
1,000,000 acres. The number of Indian Government schools opened during
the year was 195, an increase of 12 over the preceding year. Of this
total 170 were on reservations, of which 73 were boarding schools and 97
were day schools. Twenty boarding schools and 5 day schools supported by
the Government were not located on reservations. The total number of
Indian children enrolled during the year as attendants of all schools
was 21,138, an increase of 1,231 over the enrollment for the previous
year.
I am sure that secular education and moral and religious teaching must
be important factors in any effort to save the Indian and lead him to
civilization. I believe, too, that the relinquishment of tribal
relations and the holding of land in severalty may in favorable
conditions aid this consummation. It seems to me, however, that
allotments of land in severalty ought to be made with great care and
circumspection. If hastily done, before the Indian knows its meaning,
while yet he has little or no idea of tilling a farm and no conception
of thrift, there is great danger that a reservation life in tribal
relations may be exchanged for the pauperism of civilization instead of
its independence and elevation.
The solution of the Indian problem depends very largely upon good
administration. The personal fitness of agents and their adaptability to
the peculiar duty of caring for their wards are of the utmost importance.
The law providing that, except in special cases, army officers shall be
detailed as Indian agents it is hoped will prove a successful experiment.
There is danger of great abuses creeping into the prosecution of claims
for Indian depredations, and I recommend that every possible safeguard
be provided against the enforcement of unjust and fictitious claims of
this description.
The appropriations on account of the Indian Bureau for the year ending
June 30, 1894, amount to $7,954,962.99, a decrease as compared with the
year preceding it of $387,131.95.
The vast area of land which but a short time ago constituted the public
domain is rapidly falling into private hands. It is certain that in
the transfer the beneficent intention of the Government to supply from
its domain homes to the industrious and worthy home seekers is often
frustrated. Though the speculator, who stands with extortionate purpose
between the land office and those who, with their families, are invited
by the Government to settle on the public lands, is a despicable
character who ought not to be tolerated, yet it is difficult to thwart
his schemes. The recent opening to settlement of the lands in the
Cherokee Outlet, embracing an area of 6,500,000 acres, notwithstanding
the utmost care in framing the regulations governing the selection of
locations and notwithstanding the presence of United States troops,
furnished an exhibition, though perhaps in a modified degree, of the
mad scramble, the violence, and the fraudulent occupation which have
accompanied previous openings of public land.
I concur with the Secretary in the belief that these outrageous
incidents can not be entirely prevented without a change in the laws on
the subject, and I hope his recommendations in that direction will be
favorably considered.
I especially commend to the attention of the Congress the statements
contained in the Secretary's report concerning forestry. The time has
come when efficient measures should be taken for the preservation of
our forests from indiscriminate and remediless destruction.
The report of the Secretary of Agriculture will be found exceedingly
interesting, especially to that large part of our citizens intimately
concerned in agricultural occupations.
On the 7th day of March, 1893, there were upon its pay rolls 2,430
employees. This number has been reduced to 1,850 persons. In view of a
depleted public Treasury and the imperative demand of the people for
economy in the administration of their Government, the Secretary has
entered upon the task of rationally reducing expenditures by the
elimination from the pay rolls of all persons not needed for an
efficient conduct of the affairs of the Department.
During the first quarter of the present year the expenses of the
Department aggregated $345,876.76, as against $402,012.42 for the
corresponding period of the fiscal year ending June 30, 1893. The
Secretary makes apparent his intention to continue this rate of
reduction by submitting estimates for the next fiscal year less by
$994,280 than those for the present year.
Among the heads of divisions in this Department the changes have been
exceedingly few. Three vacancies occurring from death and resignations
have been filled by the promotion of assistants in the same divisions.
These promotions of experienced and faithful assistants have not only
been in the interest of efficient work, but have suggested to those in
the Department who look for retention and promotion that merit and
devotion to duty are their best reliance.
The amount appropriated for the Bureau of Animal Industry for the
current fiscal year is $850,000. The estimate for the ensuing year is
$700,000.
The regulations of 1892 concerning Texas fever have been enforced during
the last year and the large stock yards of the country have been kept
free from infection. Occasional local outbreaks have been largely such
as could have been effectually guarded against by the owners of the
affected cattle.
While contagious pleuro-pneumonia in cattle has been eradicated, animal
tuberculosis, a disease widespread and more dangerous to human life than
pleuro-pneumonia, is still prevalent. Investigations have been made
during the past year as to the means of its communication and the method
of its correct diagnosis. Much progress has been made in this direction
by the studies of the division of animal pathology, but work ought to be
extended, in cooperation with local authorities, until the danger to
human life arising from this cause is reduced to a minimum.
The number of animals arriving from Canada during the year and inspected
by Bureau officers was 462,092, and the number from transatlantic
countries was 1,297. No contagious diseases were found among the
imported animals.
The total number of inspections of cattle for export during the past
fiscal year was 611,542. The exports show a falling off of about 25 per
cent from the preceding year, the decrease occurring entirely in the
last half of the year. This suggests that the falling off may have been
largely due to an increase in the price of American export cattle.
During the year ending June 30, 1893, exports of inspected pork
aggregated 20,677,410 pounds, as against 38,152,874 pounds for the
preceding year. The falling off in this export was not confined,
however, to inspected pork, the total quantity exported for 1892 being
665,490,616 pounds, while in 1893 it was only 527,308,695 pounds.
I join the Secretary in recommending that hereafter each applicant for
the position of inspector or assistant inspector in the Bureau of Animal
Industry be required, as a condition precedent to his appointment, to
exhibit to the United States Civil Service Commission his diploma from
an established, regular, and reputable veterinary college, and that this
be supplemented by such an examination in veterinary science as the
Commission may prescribe.
The exports of agricultural products from the United States for the
fiscal year ending June 30, 1892, attained the enormous figure of
$800,000,000, in round numbers, being 78.7 per cent of our total
exports. In the last fiscal year this aggregate was greatly reduced, but
nevertheless reached 615,000,000, being 75.1 per cent of all American
commodities exported.
A review of our agricultural exports with special reference to their
destination will show that in almost every line the United Kingdom of
Great Britain and Ireland absorbs by far the largest proportion. Of
cattle the total exports aggregated in value for the fiscal year ending
June 30, 1893, $26,000,000, of which Great Britain took considerably
over $25,000,000. Of beef products of all kinds our total exports were
$28,000,000, of which Great Britain took $24,000,000. Of pork products
the total exports were $84,000,000, of which Great Britain took
$53,000,000. In breadstuffs, cotton, and minor products like proportions
sent to the same destination are shown.
The work of the statistical division of the Department of Agriculture
deals with all that relates to the economics of farming.
The main purpose of its monthly reports is to keep the farmers informed
as fully as possible of all matters having any influence upon the
world's markets, in which their products find sale. Its publications
relate especially to the commercial side of farming.
It is therefore of profound importance and vital concern to the farmers
of the United States, who represent nearly one-half of our population,
and also of direct interest to the whole country, that the work of this
division be efficiently performed and that the information it has
gathered be promptly diffused.
It is a matter for congratulation to know that the Secretary will not
spare any effort to make this part of his work thoroughly useful.
In the year 1839 the Congress appropriated $1,000, to be taken from the
Patent Office funds, for the purpose of collecting and distributing
rare and improved varieties of seeds and for prosecuting agricultural
investigations and procuring agricultural statistics. From this small
beginning the seed division of the Department of Agriculture has grown
to its present unwieldy and unjustifiably extravagant proportions.
During the last fiscal year the cost of seeds purchased was $66,548.61.
The remainder of an appropriation of $135,000 was expended in putting
them up and distributing them. It surely never could have entered the
minds of those who first sanctioned appropriations of public money for
the purchase of new and improved varieties of seeds for gratuitous
distribution that from this would grow large appropriations for the
purchase and distribution by members of Congress of ordinary seeds,
bulbs, and cuttings which are common in all the States and Territories
and everywhere easily obtainable at low prices.
In each State and Territory an agricultural experiment station has been
established. These stations, by their very character and name, are the
proper agencies to experiment with and test new varieties of seeds; and
yet this indiscriminate and wasteful distribution by legislation and
legislators continues, answering no purpose unless it be to remind
constituents that their representatives are willing to remember them
with gratuities at public cost.
Under the sanction of existing legislation there was sent out from the
Agricultural Department during the last fiscal year enough of cabbage
seed to plant 19,200 acres of land, a sufficient quantity of beans to
plant 4,000 acres, beet seed enough to plant 2,500 acres, sweet corn
enough to plant 7,800 acres, sufficient cucumber seed to cover 2,025
acres with vines, and enough muskmelon and watermelon seeds to plant
2,675 acres. The total quantity of flower and vegetable seeds thus
distributed was contained in more than 9,000,000 packages, and they were
sufficient if planted to cover 89,596 acres of land.
In view of these facts this enormous expenditure without legitimate
returns of benefit ought to be abolished. Anticipating a consummation so
manifestly in the interest of good administration, more than $100,000
has been stricken from the estimate made to cover this object for the
year ending June 30, 1895; and the Secretary recommends that the
remaining $35,000 of the estimate be confined strictly to the purchase
of new and improved varieties of seeds, and that these be distributed
through experiment stations.
Thus the seed will be tested, and after the test has been completed by
the experiment station the propagation of the useful varieties and the
rejection of the valueless may safely be left to the common sense of the
people.
The continued intelligent execution of the civil-service law and the
increasing approval by the people of its operation are most gratifying.
The recent extension of its limitations and regulations to the employees
at free-delivery post-offices, which has been honestly and promptly
accomplished by the Commission, with the hearty cooperation of the
Postmaster-General, is an immensely important advance in the usefulness
of the system.
I am, if possible, more than ever convinced of the incalculable benefits
conferred by the civil-service law, not only in its effect upon the
public service, but also, what is even more important, in its effect in
elevating the tone of political life generally.
The course of civil-service reform in this country instructively and
interestingly illustrates how strong a hold a movement gains upon our
people which has underlying it a sentiment of justice and right and
which at the same time promises better administration of their
Government.
The law embodying this reform found its way to our statute book
more from fear of the popular sentiment existing in its favor than
from any love for the reform itself on the part of legislators, and
it has lived and grown and flourished in spite of the covert as well
as open hostility of spoilsmen and notwithstanding the querulous
impracticability of many self-constituted guardians. Beneath all
the vagaries and sublimated theories which are attracted to it there
underlies this reform a sturdy common-sense principle not only suited to
this mundane sphere, but whose application our people are more and more
recognizing to be absolutely essential to the most successful operation
of their Government, if not to its perpetuity.
It seems to me to be entirely inconsistent with the character of this
reform, as well as with its best enforcement, to oblige the Commission
to rely for clerical assistance upon clerks detailed from other
Departments. There ought not to be such a condition in any Department
that clerks hired to do work there can be spared to habitually work
at another place, and it does not accord with a sensible view of
civil-service reform that persons should be employed on the theory that
their labor is necessary in one Department when in point of fact their
services are devoted to entirely different work in another Department.
I earnestly urge that the clerks necessary to carry on the work of the
Commission be regularly put upon its roster and that the system of
obliging the Commissioners to rely upon the services of clerks belonging
to other Departments be discontinued. This ought not to increase the
expense to the Government, while it would certainly be more consistent
and add greatly to the efficiency of the Commission.
Economy in public expenditure is a duty that can not innocently be
neglected by those intrusted with the control of money drawn from the
people for public uses. It must be confessed that our apparently endless
resources, the familiarity of our people with immense accumulations
of wealth, the growing sentiment among them that the expenditure of
public money should in some manner be to their immediate and personal
advantage, the indirect and almost stealthy manner in which a large
part of our taxes is exacted, and a degenerated sense of official
accountability have led to growing extravagance in governmental
appropriations.
At this time, when a depleted public Treasury confronts us, when many
of our people are engaged in a hard struggle for the necessaries of
life, and when enforced economy is pressing upon the great mass of our
countrymen, I desire to urge with all the earnestness at my command that
Congressional legislation be so limited by strict economy as to exhibit
an appreciation of the condition of the Treasury and a sympathy with the
straitened circumstances of our fellow-citizens.
The duty of public economy is also of immense importance in its intimate
and necessary relation to the task now in hand of providing revenue to
meet Government expenditures and yet reducing the people's burden of
Federal taxation.
After a hard struggle tariff reform is directly before us. Nothing so
important claims our attention and nothing so clearly presents itself as
both an opportunity and a duty--an opportunity to deserve the gratitude
of our fellow-citizens and a duty imposed upon us by our oft-repeated
professions and by the emphatic mandate of the people. After full
discussion our countrymen have spoken in favor of this reform, and they
have confided the work of its accomplishment to the hands of those who
are solemnly pledged to it.
If there is anything in the theory of a representation in public places
of the people and their desires, if public officers are really the
servants of the people, and if political promises and professions have
any binding force, our failure to give the relief so long awaited will
be sheer recreancy. Nothing should intervene to distract our attention
or disturb our effort until this reform is accomplished by wise and
careful legislation.
While we should stanchly adhere to the principle that only the necessity
of revenue justifies the imposition of tariff duties and other Federal
taxation and that they should be limited by strict economy, we can not
close our eyes to the fact that conditions have grown up among us which
in justice and fairness call for discriminating care in the distribution
of such duties and taxation as the emergencies of our Government
actually demand.
Manifestly if we are to aid the people directly through tariff reform,
one of its most obvious features should be a reduction in present tariff
charges upon the necessaries of life. The benefits of such a reduction
would be palpable and substantial, seen and felt by thousands who would
be better fed and better clothed and better sheltered. These gifts
should be the willing benefactions of a Government whose highest
function is the promotion of the welfare of the people.
Not less closely related to our people's prosperity and well-being is
the removal of restrictions upon the importation of the raw materials
necessary to our manufactures. The world should be open to our national
ingenuity and enterprise. This can not be while Federal legislation
through the imposition of high tariff forbids to American manufacturers
as cheap materials as those used by their competitors. It is quite
obvious that the enhancement of the price of our manufactured products
resulting from this policy not only confines the market for these
products within our own borders, to the direct disadvantage of our
manufacturers, but also increases their cost to our citizens.
The interests of labor are certainly, though indirectly, involved in
this feature of our tariff system. The sharp competition and active
struggle among our manufacturers to supply the limited demand for their
goods soon fill the narrow market to which they are confined. Then
follows a suspension of work in mills and factories, a discharge of
employees, and distress in the homes of our workingmen.
Even if the often-disproved assertion could be made good that a lower
rate of wages would result from free raw materials and low tariff
duties, the intelligence of our workmen leads them quickly to discover
that their steady employment, permitted by free raw materials, is the
most important factor in their relation to tariff legislation.
A measure has been prepared by the appropriate Congressional committee
embodying tariff reform on the lines herein suggested, which will be
promptly submitted for legislative action. It is the result of much
patriotic and unselfish work, and I believe it deals with its subject
consistently and as thoroughly as existing conditions permit.
I am satisfied that the reduced tariff duties provided for in the
proposed legislation, added to existing internal-revenue taxation, will
in the near future, though perhaps not immediately, produce sufficient
revenue to meet the needs of the Government.
The committee, after full consideration and to provide against a
temporary deficiency which may exist before the business of the country
adjusts itself to the new tariff schedules, have wisely embraced in
their plan a few additional internal-revenue taxes, including a small
tax upon incomes derived from certain corporate investments.
These new adjustments are not only absolutely just and easily borne, but
they have the further merit of being such as can be remitted without
unfavorable business disturbance whenever the necessity of their
imposition no longer exists.
In my great desire for the success of this measure I can not restrain
the suggestion that its success can only be attained by means of
unselfish counsel on the part of the friends of tariff reform and as a
result of their willingness to subordinate personal desires and
ambitions to the general good. The local interests affected by the
proposed reform are so numerous and so varied that if all are insisted
upon the legislation embodying the reform must inevitably fail.
In conclusion my intense feeling of responsibility impels me to invoke
for the manifold interests of a generous and confiding people the most
scrupulous care and to pledge my willing support to every legislative
effort for the advancement of the greatness and prosperity of our
beloved country.
GROVER CLEVELAND.
[Footnote 1: See pp. 377-378.]
[Footnote 2: See pp. 395-396.]
[Footnote 3: See Vol. VIII, pp. 353-355.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _Washington, December 18, 1893_.
_To the Senate and House of Representatives_:
In my recent annual message to the Congress I briefly referred to our
relations with Hawaii and expressed the intention of transmitting
further information on the subject when additional advices permitted.
Though I am not able now to report a definite change in the actual
situation, I am convinced that the difficulties lately created both
here and in Hawaii, and now standing in the way of a solution through
Executive action of the problem presented, render it proper and
expedient that the matter should be referred to the broader authority
and discretion of Congress, with a full explanation of the endeavor
thus far made to deal with the emergency and a statement of the
considerations which have governed my action.
I suppose that right and justice should determine the path to be
followed in treating this subject. If national honesty is to be
disregarded and a desire for territorial extension or dissatisfaction
with a form of government not our own ought to regulate our conduct, I
have entirely misapprehended the mission and character of our Government
and the behavior which the conscience of our people demands of their
public servants.
When the present Administration entered upon its duties, the Senate
had under consideration a treaty providing for the annexation of the
Hawaiian Islands to the territory of the United States. Surely under our
Constitution and laws the enlargement of our limits is a manifestation
of the highest attribute of sovereignty, and if entered upon as an
Executive act all things relating to the transaction should be clear and
free from suspicion. Additional importance attached to this particular
treaty of annexation because it contemplated a departure from unbroken
American tradition in providing for the addition to our territory of
islands of the sea more than 2,000 miles removed from our nearest coast.
These considerations might not of themselves call for interference with
the completion of a treaty entered upon by a previous Administration,
but it appeared from the documents accompanying the treaty when
submitted to the Senate that the ownership of Hawaii was tendered to us
by a Provisional Government set up to succeed the constitutional ruler
of the islands, who had been dethroned, and it did not appear that such
Provisional Government had the sanction of either popular revolution or
suffrage. Two other remarkable features of the transaction naturally
attracted attention. One was the extraordinary haste, not to say
precipitancy, characterizing all the transactions connected with the
treaty. It appeared that a so-called committee of safety, ostensibly the
source of the revolt against the constitutional Government of Hawaii,
was organized on Saturday, the 14th day of January; that on Monday, the
16th, the United States forces were landed at Honolulu from a naval
vessel lying in its harbor; that on the 17th the scheme of a Provisional
Government was perfected, and a proclamation naming its officers was
on the same day prepared and read at the Government building; that
immediately thereupon the United States minister recognized the
Provisional Government thus created; that two days afterwards, on the
19th day of January, commissioners representing such Government sailed
for this country in a steamer especially chartered for the occasion,
arriving in San Francisco on the 28th day of January and in Washington
on the 3d day of February; that on the next day they had their first
interview with the Secretary of State, and another on the 11th, when the
treaty of annexation was practically agreed upon, and that on the 14th
it was formally concluded and on the 15th transmitted to the Senate.
Thus between the initiation of the scheme for a Provisional Government
in Hawaii, on the 14th day of January, and the submission to the Senate
of the treaty of annexation concluded with such Government the entire
interval was thirty-two days, fifteen of which were spent by the
Hawaiian commissioners in their journey to Washington.
In the next place, upon the face of the papers submitted with the treaty
it clearly appeared that there was open and undetermined an issue of
fact of the most vital importance. The message of the President
accompanying the treaty[4] declared that "the overthrow of the monarchy
was not in any way promoted by this Government," and in a letter to the
President from the Secretary of State, also submitted to the Senate with
the treaty, the following passage occurs:
At the time the Provisional Government took possession of the Government
buildings no troops or officers of the United States were present or
took any part whatever in the proceedings. No public recognition was
accorded to the Provisional Government by the United States minister
until after the Queen's abdication and when they were in effective
possession of the Government buildings, the archives, the treasury, the
barracks, the police station, and all the potential machinery of the
Government.
But a protest also accompanied said treaty, signed by the Queen and her
ministers at the time she made way for the Provisional Government, which
explicitly stated that she yielded to the superior force of the United
States, whose minister had caused United States troops to be landed at
Honolulu and declared that he would support such Provisional Government.
The truth or falsity of this protest was surely of the first importance.
If true, nothing but the concealment of its truth could induce our
Government to negotiate with the semblance of a government thus created,
nor could a treaty resulting from the acts stated in the protest have
been knowingly deemed worthy of consideration by the Senate. Yet the
truth or falsity of the protest had not been investigated.
I conceived it to be my duty, therefore, to withdraw the treaty from the
Senate for examination, and meanwhile to cause an accurate, full, and
impartial investigation to be made of the facts attending the subversion
of the constitutional Government of Hawaii and the installment in
its place of the Provisional Government. I selected for the work of
investigation the Hon. James H. Blount, of Georgia, whose service of
eighteen years as a member of the House of Representatives and whose
experience as chairman of the Committee of Foreign Affairs in that body,
and his consequent familiarity with international topics, joined with
his high character and honorable reputation, seemed to render him
peculiarly fitted for the duties intrusted to him. His report detailing
his action under the instructions given to him and the conclusions
derived from his investigation accompany this message.
These conclusions do not rest for their acceptance entirely upon
Mr. Blount's honesty and ability as a man, nor upon his acumen and
impartiality as an investigator. They are accompanied by the evidence
upon which they are based, which evidence is also herewith transmitted,
and from which it seems to me no other deductions could possibly be
reached than those arrived at by the commissioner.
The report, with its accompanying proofs and such other evidence as is
now before the Congress or is herewith submitted, justifies, in my
opinion, the statement that when the President was led to submit the
treaty to the Senate with the declaration that "the overthrow of the
monarchy was not in any way promoted by this Government," and when the
Senate was induced to receive and discuss it on that basis, both
President and Senate were misled.
The attempt will not be made in this communication to touch upon all
the facts which throw light upon the progress and consummation of this
scheme of annexation. A very brief and imperfect reference to the facts
and evidence at hand will exhibit its character and the incidents in
which it had its birth.
It is unnecessary to set forth the reasons which in January, 1893, led
a considerable proportion of American and other foreign merchants and
traders residing at Honolulu to favor the annexation of Hawaii to the
United States. It is sufficient to note the fact and to observe that
the project was one which was zealously promoted by the minister
representing the United States in that country. He evidently had an
ardent desire that it should become a fact accomplished by his agency
and during his ministry, and was not inconveniently scrupulous as to the
means employed to that end. On the 19th day of November, 1892, nearly
two months before the first overt act tending toward the subversion of
the Hawaiian Government and the attempted transfer of Hawaiian territory
to the United States, he addressed a long letter to the Secretary of
State, in which the case for annexation was elaborately argued on moral,
political, and economical grounds. He refers to the loss to the Hawaiian
sugar interests from the operation of the McKinley bill and the tendency
to still further depreciation of sugar property unless some positive
measure of relief is granted. He strongly inveighs against the existing
Hawaiian Government and emphatically declares for annexation. He says:
In truth, the monarchy here is an absurd anachronism. It has nothing on
which it logically or legitimately stands. The feudal basis on which it
once stood no longer existing, the monarchy now is only an impediment to
good government--an obstruction to the prosperity and progress of the
islands.
He further says:
As a Crown colony of Great Britain or a Territory of the United States
the government modifications could be made readily and good
administration of the law secured. Destiny and the vast future interests
of the United States in the Pacific clearly indicate who at no distant
day must be responsible for the government of these islands. Under a
Territorial government they could be as easily governed as any of the
existing Territories of the United States. * * * Hawaii has reached
the parting of the ways. She must now take the road which leads to Asia,
or the other, which outlets her in America, gives her an American
civilization, and binds her to the care of American destiny.
He also declares:
One of two courses seems to me absolutely necessary to be
followed--either bold and vigorous measures for annexation or a "customs
union," an ocean cable from the Californian coast to Honolulu, Pearl
Harbor perpetually ceded to the United States, with an implied but not
expressly stipulated American protectorate over the islands. I believe
the former to be the better, that which will prove much the more
advantageous to the islands and the cheapest and least embarrassing in
the end to the United States. If it was wise for the United States,
through Secretary Marcy, thirty-eight years ago, to offer to expend
$100,000 to secure a treaty of annexation, it certainly can not be
chimerical or unwise to expend $100,000 to secure annexation in the near
future. To-day the United States has five times the wealth she possessed
in 1854, and the reasons now existing for annexation are much stronger
than they were then. I can not refrain from expressing the opinion with
emphasis that the golden hour is near at hand.
These declarations certainly show a disposition and condition of mind
which may be usefully recalled when interpreting the significance of the
minister's conceded acts or when considering the probabilities of such
conduct on his part as may not be admitted.
In this view it seems proper to also quote from a letter written by the
minister to the Secretary of State on the 8th day of March, 1892, nearly
a year prior to the first step taken toward annexation. After stating
the possibility that the existing Government of Hawaii might be
overturned by an orderly and peaceful revolution, Minister Stevens
writes as follows:
Ordinarily, in like circumstances, the rule seems to be to limit the
landing and movement of United States forces in foreign waters and
dominion exclusively to the protection of the United States legation
and of the lives and property of American citizens; but as the relations
of the United States to Hawaii are exceptional, and in former years
the United States officials here took somewhat exceptional action in
circumstances of disorder, I desire to know how far the present minister
and naval commander may deviate from established international rules
and precedents in the contingencies indicated in the first part of this
dispatch.
To a minister of this temper, full of zeal for annexation, there seemed
to arise in January, 1893, the precise opportunity for which he was
watchfully waiting--an opportunity which by timely "deviation from
established international rules and precedents" might be improved to
successfully accomplish the great object in view; and we are quite
prepared for the exultant enthusiasm with which, in a letter to the
State Department dated February 1, 1893, he declares:
The Hawaiian pear is now fully ripe, and this is the golden hour for
the United States to pluck it.
As a further illustration of the activity of this diplomatic
representative, attention is called to the fact that on the day the
above letter was written, apparently unable longer to restrain his
ardor, he issued a proclamation whereby, "in the name of the United
States," he assumed the protection of the Hawaiian Islands and declared
that said action was "taken pending and subject to negotiations at
Washington." Of course this assumption of a protectorate was promptly
disavowed by our Government, but the American flag remained over the
Government building at Honolulu and the forces remained on guard until
April, and after Mr. Blount's arrival on the scene, when both were
removed.
A brief statement of the occurrences that led to the subversion of the
constitutional Government of Hawaii in the interests of annexation to
the United States will exhibit the true complexion of that transaction.
On Saturday, January 14, 1893, the Queen of Hawaii, who had been
contemplating the proclamation of a new constitution, had, in deference
to the wishes and remonstrances of her cabinet, renounced the project
for the present at least. Taking this relinquished purpose as a basis
of action, citizens of Honolulu numbering from fifty to one hundred,
mostly resident aliens, met in a private office and selected a so-called
committee of safety, composed of thirteen persons, seven of whom were
foreign subjects, and consisted of five Americans, one Englishman,
and one German. This committee, though its designs were not revealed,
had in view nothing less than annexation to the United States, and
between Saturday, the 14th, and the following Monday, the 16th of
January--though exactly what action was taken may not be clearly
disclosed--they were certainly in communication with the United States
minister. On Monday morning the Queen and her cabinet made public
proclamation, with a notice which was specially served upon the
representatives of all foreign governments, that any changes in the
constitution would be sought only in the methods provided by that
instrument. Nevertheless, at the call and under the auspices of the
committee of safety, a mass meeting of citizens was held on that day to
protest against the Queen's alleged illegal and unlawful proceedings and
purposes. Even at this meeting the committee of safety continued to
disguise their real purpose and contented themselves with procuring
the passage of a resolution denouncing the Queen and empowering the
committee to devise ways and means "to secure the permanent maintenance
of law and order and the protection of life, liberty, and property
in Hawaii." This meeting adjourned between 3 and 4 o'clock in the
afternoon. On the same day, and immediately after such adjournment, the
committee, unwilling to take further steps without the cooperation of
the United States minister, addressed him a note representing that the
public safety was menaced and that lives and property were in danger,
and concluded as follows:
We are unable to protect ourselves without aid, and therefore pray for
the protection of the United States forces.
Whatever may be thought of the other contents of this note, the absolute
truth of this latter statement is incontestable. When the note was
written and delivered the committee, so far as it appears, had neither
a man nor a gun at their command, and after its delivery they became so
panic-stricken at their position that they sent some of their number to
interview the minister and request him not to land the United States
forces till the next morning. But he replied that the troops had been
ordered and whether the committee were ready or not the landing should
take place. And so it happened that on the 16th day of January, 1893,
between 4 and 5 o'clock in the afternoon, a detachment of marines from
the United States steamer _Boston_, with two pieces of artillery,
landed at Honolulu. The men, upward of 160 in all, were supplied with
double cartridge belts filled with ammunition and with haversacks and
canteens, and were accompanied by a hospital corps with stretchers and
medical supplies.
This military demonstration upon the soil of Honolulu was of itself an
act of war, unless made either with the consent of the Government of
Hawaii or for the _bona fide_ purpose of protecting the imperiled
lives and property of citizens of the United States. But there is no
pretense of any such consent on the part of the Government of the Queen,
which at that time was undisputed and was both the _de facto_ and
the _de jure_ Government. In point of fact the existing Government,
instead of requesting the presence of an armed force, protested against
it. There is as little basis for the pretense that such forces were
landed for the security of American life and property. If so, they would
have been stationed in the vicinity of such property and so as to
protect it, instead of at a distance and so as to command the Hawaiian
Government building and palace. Admiral Skerrett, the officer in command
of our naval force on the Pacific station, has frankly stated that in
his opinion the location of the troops was inadvisable if they were
landed for the protection of American citizens, whose residences and
places of business, as well as the legation and consulate, were in a
distant part of the city; but the location selected was a wise one if
the forces were landed for the purpose of supporting the Provisional
Government. If any peril to life and property calling for any such
martial array had existed, Great Britain and other foreign powers
interested would not have been behind the United States in activity to
protect their citizens. But they made no sign in that direction. When
these armed men were landed the city of Honolulu was in its customary
orderly and peaceful condition. There was no symptom of riot or
disturbance in any quarter. Men, women, and children were about the
streets as usual, and nothing varied the ordinary routine or disturbed
the ordinary tranquillity except the landing of the _Boston's_
marines and their march through the town to the quarters assigned them.
Indeed, the fact that after having called for the landing of the United
States forces on the plea of danger to life and property the committee
of safety themselves requested the minister to postpone action exposed
the untruthfulness of their representations of present peril to life and
property. The peril they saw was an anticipation growing out of guilty
intentions on their part and something which, though not then existing,
they knew would certainly follow their attempt to overthrow the
Government of the Queen without the aid of the United States forces.
Thus it appears that Hawaii was taken possession of by the United States
forces without the consent or wish of the Government of the islands,
or of anybody else so far as shown except the United States minister.
Therefore the military occupation of Honolulu by the United States
on the day mentioned was wholly without justification, either as an
occupation by consent or as an occupation necessitated by dangers
threatening American life and property. It must be accounted for in some
other way and on some other ground, and its real motive and purpose are
neither obscure nor far to seek.
The United States forces being now on the scene and favorably
stationed, the committee proceeded to carry out their original scheme.
They met the next morning, Tuesday, the 17th, perfected the plan of
temporary government, and fixed upon its principal officers, ten of whom
were drawn from the thirteen members of the committee of safety. Between
1 and 2 o'clock, by squads and by different routes to avoid notice, and
having first taken the precaution of ascertaining whether there was
anyone there to oppose them, they proceeded to the Government building
to proclaim the new Government. No sign of opposition was manifest, and
thereupon an American citizen began to read the proclamation from the
steps of the Government building, almost entirely without auditors.
It is said that before the reading was finished quite a concourse of
persons, variously estimated at from 50 to 100, some armed and some
unarmed, gathered about the committee to give them aid and confidence.
This statement is not important, since the one controlling factor in the
whole affair was unquestionably the United States marines, who, drawn
up under arms and with artillery in readiness only 76 yards distant,
dominated the situation.
The Provisional Government thus proclaimed was by the terms of the
proclamation "to exist until terms of union with the United States had
been negotiated and agreed upon." The United States minister, pursuant
to prior agreement, recognized this Government within an hour after the
reading of the proclamation, and before 5 o'clock, in answer to an
inquiry on behalf of the Queen and her cabinet, announced that he had
done so.
When our minister recognized the Provisional Government, the only basis
upon which it rested was the fact that the committee of safety had in
the manner above stated declared it to exist. It was neither a
government _de facto_ nor _de jure_. That it was not in such possession
of the Government property and agencies as entitled it to recognition is
conclusively proved by a note found in the files of the legation at
Honolulu, addressed by the declared head of the Provisional Government
to Minister Stevens, dated January 17, 1893, in which he acknowledges
with expressions of appreciation the minister's recognition of the
Provisional Government, and states that it is not yet in the possession
of the station house (the place where a large number of the Queen's
troops were quartered), though the same had been demanded of the Queen's
officers in charge. Nevertheless, this wrongful recognition by our
minister placed the Government of the Queen in a position of most
perilous perplexity. On the one hand she had possession of the palace,
of the barracks, and of the police station, and had at her command at
least 500 fully armed men and several pieces of artillery. Indeed, the
whole military force of her Kingdom was on her side and at her disposal,
while the committee of safety, by actual search, had discovered that
there were but very few arms in Honolulu that were not in the service of
the Government.
In this state of things, if the Queen could have dealt with the
insurgents alone, her course would have been plain and the result
unmistakable. But the United States had allied itself with her enemies,
had recognized them as the true Government of Hawaii, and had put
her and her adherents in the position of opposition against lawful
authority. She knew that she could not withstand the power of the United
States, but she believed that she might safely trust to its justice.
Accordingly, some hours after the recognition of the Provisional
Government by the United States minister, the palace, the barracks, and
the police station, with all the military resources of the country, were
delivered up by the Queen upon the representation made to her that her
cause would thereafter be reviewed at Washington, and while protesting
that she surrendered to the superior force of the United States, whose
minister had caused United States troops to be landed at Honolulu and
declared that he would support the Provisional Government, and that she
yielded her authority to prevent collision of armed forces and loss of
life, and only until such time as the United States, upon the facts
being presented to it, should undo the action of its representative and
reinstate her in the authority she claimed as the constitutional
sovereign of the Hawaiian Islands.
This protest was delivered to the chief of the Provisional Government,
who indorsed thereon his acknowledgment of its receipt. The terms of the
protest were read without dissent by those assuming to constitute the
Provisional Government, who were certainly charged with the knowledge
that the Queen, instead of finally abandoning her power, had appealed to
the justice of the United States for reinstatement in her authority; and
yet the Provisional Government, with this unanswered protest in its
hand, hastened to negotiate with the United States for the permanent
banishment of the Queen from power and for a sale of her Kingdom.
Our country was in danger of occupying the position of having actually
set up a temporary government on foreign soil for the purpose of
acquiring through that agency territory which we had wrongfully put in
its possession. The control of both sides of a bargain acquired in such
a manner is called by a familiar and unpleasant name when found in
private transactions. We are not without a precedent showing how
scrupulously we avoided such accusations in former days. After the
people of Texas had declared their independence of Mexico they resolved
that on the acknowledgment of their independence by the United States
they would seek admission into the Union. Several months after the
battle of San Jacinto, by which Texan independence was practically
assured and established, President Jackson declined to recognize it,
alleging as one of his reasons that in the circumstances it became us
"to beware of a too early movement, as it might subject us, however
unjustly, to the imputation of seeking to establish the claim of our
neighbors to a territory with a view to its subsequent acquisition by
ourselves." This is in marked contrast with the hasty recognition of a
government openly and concededly set up for the purpose of tendering to
us territorial annexation.
I believe that a candid and thorough examination of the facts will force
the conviction that the Provisional Government owes its existence to
an armed invasion by the United States. Fair-minded people, with the
evidence before them, will hardly claim that the Hawaiian Government
was overthrown by the people of the islands or that the Provisional
Government had ever existed with their consent. I do not understand that
any member of this Government claims that the people would uphold it by
their suffrages if they were allowed to vote on the question.
While naturally sympathizing with every effort to establish a republican
form of government, it has been the settled policy of the United States
to concede to people of foreign countries the same freedom and
independence in the management of their domestic affairs that we have
always claimed for ourselves, and it has been our practice to recognize
revolutionary governments as soon as it became apparent that they were
supported by the people. For illustration of this rule I need only to
refer to the revolution in Brazil in 1889, when our minister was
instructed to recognize the Republic "so soon as a majority of the
people of Brazil should have signified their assent to its establishment
and maintenance;" to the revolution in Chile in 1891, when our minister
was directed to recognize the new Government "if it was accepted by the
people," and to the revolution in Venezuela in 1892, when our
recognition was accorded on condition that the new Government was "fully
established, in possession of the power of the nation, and accepted by
the people."
As I apprehend the situation, we are brought face to face with the
following conditions:
The lawful Government of Hawaii was overthrown without the drawing of a
sword or the firing of a shot by a process every step of which, it may
safely be asserted, is directly traceable to and dependent for its
success upon the agency of the United States acting through its
diplomatic and naval representatives.
But for the notorious predilections of the United States minister for
annexation the committee of safety, which should be called the committee
of annexation, would never have existed.
But for the landing of the United States forces upon false pretexts
respecting the danger to life and property the committee would never
have exposed themselves to the pains and penalties of treason by
undertaking the subversion of the Queen's Government.
But for the presence of the United States forces in the immediate
vicinity and in position to afford all needed protection and support the
committee would not have proclaimed the Provisional Government from the
steps of the Government building.
And finally, but for the lawless occupation of Honolulu under false
pretexts by the United States forces, and but for Minister Stevens's
recognition of the Provisional Government when the United States forces
were its sole support and constituted its only military strength, the
Queen and her Government would never have yielded to the Provisional
Government, even for a time and for the sole purpose of submitting her
case to the enlightened justice of the United States.
Believing, therefore, that the United States could not, under the
circumstances disclosed, annex the islands without justly incurring the
imputation of acquiring them by unjustifiable methods, I shall not again
submit the treaty of annexation to the Senate for its consideration, and
in the instructions to Minister Willis, a copy of which accompanies this
message, I have directed him to so inform the Provisional Government.
But in the present instance our duty does not, in my opinion, end with
refusing to consummate this questionable transaction. It has been the
boast of our Government that it seeks to do justice in all things
without regard to the strength or weakness of those with whom it deals.
I mistake the American people if they favor the odious doctrine that
there is no such thing as international morality; that there is one law
for a strong nation and another for a weak one, and that even by
indirection a strong power may with impunity despoil a weak one of its
territory.
By an act of war, committed with the participation of a diplomatic
representative of the United States and without authority of Congress,
the Government of a feeble but friendly and confiding people has been
overthrown. A substantial wrong has thus been done which a due regard
for our national character as well as the rights of the injured people
requires we should endeavor to repair. The Provisional Government has
not assumed a republican or other constitutional form, but has remained
a mere executive council or oligarchy, set up without the assent of the
people. It has not sought to find a permanent basis of popular support
and has given no evidence of an intention to do so. Indeed, the
representatives of that Government assert that the people of Hawaii are
unfit for popular government and frankly avow that they can be best
ruled by arbitrary or despotic power.
The law of nations is founded upon reason and justice, and the rules of
conduct governing individual relations between citizens or subjects of a
civilized state are equally applicable as between enlightened nations.
The considerations that international law is without a court for its
enforcement and that obedience to its commands practically depends upon
good faith instead of upon the mandate of a superior tribunal only
give additional sanction to the law itself and brand any deliberate
infraction of it not merely as a wrong, but as a disgrace. A man of
true honor protects the unwritten word which binds his conscience more
scrupulously, if possible, than he does the bond a breach of which
subjects him to legal liabilities, and the United States, in aiming to
maintain itself as one of the most enlightened nations, would do its
citizens gross injustice if it applied to its international relations
any other than a high standard of honor and morality. On that ground the
United States can not properly be put in the position of countenancing a
wrong after its commission any more than in that of consenting to it in
advance. On that ground it can not allow itself to refuse to redress an
injury inflicted through an abuse of power by officers clothed with its
authority and wearing its uniform; and on the same ground, if a feeble
but friendly state is in danger of being robbed of its independence and
its sovereignty by a misuse of the name and power of the United States,
the United States can not fail to vindicate its honor and its sense of
justice by an earnest effort to make all possible reparation.
These principles apply to the present case with irresistible force when
the special conditions of the Queen's surrender of her sovereignty are
recalled. She surrendered, not to the Provisional Government, but to
the United States. She surrendered, not absolutely and permanently, but
temporarily and conditionally until such time as the facts could be
considered by the United States. Furthermore, the Provisional Government
acquiesced in her surrender in that manner and on those terms, not only
by tacit consent, but through the positive acts of some members of that
Government, who urged her peaceable submission, not merely to avoid
bloodshed, but because she could place implicit reliance upon the
justice of the United States and that the whole subject would be finally
considered at Washington.
I have not, however, overlooked an incident of this unfortunate affair
which remains to be mentioned. The members of the Provisional Government
and their supporters, though not entitled to extreme sympathy, have been
led to their present predicament of revolt against the Government of the
Queen by the indefensible encouragement and assistance of our diplomatic
representative. This fact may entitle them to claim that in our effort
to rectify the wrong committed some regard should be had for their
safety. This sentiment is strongly seconded by my anxiety to do nothing
which would invite either harsh retaliation on the part of the Queen or
violence and bloodshed in any quarter. In the belief that the Queen,
as well as her enemies, would be willing to adopt such a course as
would meet these conditions, and in view of the fact that both the Queen
and the Provisional Government had at one time apparently acquiesced
in a reference of the entire case to the United States Government,
and considering the further fact that in any event the Provisional
Government by its own declared limitation was only "to exist until terms
of union with the United States of America have been negotiated and
agreed upon," I hoped that after the assurance to the members of that
Government that such union could not be consummated I might compass a
peaceful adjustment of the difficulty.
Actuated by these desires and purposes, and not unmindful of the
inherent perplexities of the situation nor of the limitations upon
my power, I instructed Minister Willis to advise the Queen and her
supporters of my desire to aid in the restoration of the status existing
before the lawless landing of the United States forces at Honolulu on
the 16th of January last if such restoration could be effected upon
terms providing for clemency as well as justice to all parties
concerned. The conditions suggested, as the instructions show,
contemplate a general amnesty to those concerned in setting up the
Provisional Government and a recognition of all its _bona fide_
acts and obligations. In short, they require that the past should be
buried and that the restored Government should reassume its authority as
if its continuity had not been interrupted. These conditions have not
proved acceptable to the Queen, and though she has been informed that
they will be insisted upon and that unless acceded to the efforts of the
President to aid in the restoration of her Government will cease, I have
not thus far learned that she is willing to yield them her acquiescence.
The check which my plans have thus encountered has prevented their
presentation to the members of the Provisional Government, while
unfortunate public misrepresentations of the situation and exaggerated
statements of the sentiments of our people have obviously injured the
prospects of successful Executive mediation.
I therefore submit this communication, with its accompanying exhibits,
embracing Mr. Blount's report, the evidence and statements taken by him
at Honolulu, the instructions given to both Mr. Blount and Minister
Willis, and correspondence connected with the affair in hand.
In commending this subject to the extended powers and wide discretion of
the Congress I desire to add the assurance that I shall be much
gratified to cooperate in any legislative plan which may be devised for
the solution of the problem before us which is consistent with American
honor, integrity, and morality.
GROVER CLEVELAND.
[Footnote 4: See pp. 348-349.]
EXECUTIVE MANSION, _Washington, December 18, 1893_.
_To the Senate of the United States_:
In compliance with a resolution passed by the Senate on the 6th instant,
I hereby transmit reports of the Secretaries of State and of the Navy,
with copies of all instructions given to the respective diplomatic and
naval representatives of the United States in the Hawaiian Islands since
the 4th day of March, 1881, touching the matters specified in the
resolution.
It has seemed convenient to include in the present communication to the
Senate copies of the diplomatic correspondence concerning the political
condition of Hawaii, prepared for transmission to the House of
Representatives in response to a later resolution passed by that body on
the 13th instant.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, December 18, 1893_.
_To the House of Representatives_:
In compliance with a resolution passed by your honorable body on the
13th instant, I hereby transmit a report of the Secretary of State,
with copies of the instructions given to Mr. Albert S. Willis, the
representative of the United States now in the Hawaiian Islands, and
also the correspondence since the 4th day of March, 1889, concerning
the relations of this Government to those islands.
In making this communication I have withheld only a dispatch from the
former minister to Hawaii, numbered 70, under date of October 8, 1892,
and a dispatch from the present minister, numbered 3, under date of
November 16, 1893, because in my opinion the publication of these two
papers would be incompatible with the public interest.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 4, 1894_.
_To the Senate of the United States_:
I transmit herewith a report of the Secretary of State, submitted in
compliance with the resolution of October 17 last, in the matter of the
claim of certain persons against the Government of Spain for illegal
arrest off the coast of Yucatan in the year 1850, and subsequent
imprisonment.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 13, 1894_.
_To the Congress_:
I transmit herewith copies of all dispatches from our minister at Hawaii
relating in any way to political affairs in that country, except such as
have been heretofore laid before the Congress.
I also transmit a copy of the last instructions sent to our minister,
dated January 12, 1894, being the only instructions to him not already
sent to the Congress.
In transmitting certain correspondence with my message dated December
18, 1893, I withheld a dispatch from our present minister, numbered
3 and dated November 16, 1893, and also a dispatch from our former
minister, numbered 70 and dated October 8, 1892. Inasmuch as the
contents of the dispatch of November 16, 1893, are referred to in the
dispatches of a more recent date, now sent to Congress, and inasmuch
as there seems no longer to be sufficient reason for withholding said
dispatch, a copy of the same is herewith submitted. The dispatch
numbered 70 and dated October 8, 1892, above referred to, is still
withheld for the reason that such a course still appears to be
justifiable and proper.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 20, 1894_.
_To the Congress_:
I transmit herewith dispatches received yesterday from our minister
at Hawaii, with certain correspondence which accompanied the same,
including a most extraordinary letter, dated December 27, 1893, signed
by Sanford B. Dole, minister of foreign affairs of the Provisional
Government, addressed to our minister, Mr. Willis, and delivered to him
a number of hours after the arrival at Honolulu of a copy of my message
to Congress on the Hawaiian question, with copies of instructions given
to our minister.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 22, 1894_.
_To the Congress_:
I transmit herewith copies of dispatches received from our minister to
Hawaii after the arrival of those copies which accompanied my message
of the 20th instant. I also inclose, for the information of Congress,
copies of reports and a copy of an order just received by the Secretary
of the Navy from Rear-Admiral Irwin, commanding our naval forces at
Honolulu.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 2, 1894_.
_To the Congress_:
I transmit a communication from the Secretary of State, accompanying a
dispatch received a few days ago from our minister at Hawaii.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, February 12, 1894_.
_To the Congress_:
I transmit herewith two dispatches received a few days ago from our
minister at Hawaii, and a reply to one of them from the Secretary of
State, in which a correct version is given of an interview which
occurred November 14, 1893, between the Secretary of State and Mr.
Thurston, representing the Provisional Government at Washington.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 16, 1894_.
_To the Senate and House of Representatives_:
I transmit herewith, for the information of Congress, a communication
from the Secretary of State, covering the report of the Director of the
Bureau of the American Republics for the year 1893.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 19, 1894_.
_To the House of Representatives_:
I herewith transmit copies of certain dispatches recently received from
our minister at Honolulu.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 19, 1894_.
_To the Senate_:
On the evening of the 16th instant I received a copy of a resolution
passed by the Senate, requesting the transmission to that body of all
reports and dispatches from our minister at Hawaii, and especially a
certain letter written to him by Mr. Dole, President of the Provisional
Government.
On the same day I received from the State Department a copy of a
dispatch from Minister Willis, accompanied by various exhibits. I was
not able to send them to the Senate on that day. The Senate adjourned
that afternoon until to-day, and thus prevented the submission until now
of these papers.
The next day after the receipt of the Senate resolution, and on the 17th
instant, other dispatches were received from Mr. Willis at the State
Department. They were copied with all possible haste, and are now
submitted at the first meeting of the Senate since their receipt. They
include the letter mentioned in the Senate resolution and the answer of
Minister Willis to the same.
Since the 18th day of December last, when I submitted to the "broader
authority and discretion of the Congress" all matters connected with our
relations with Hawaii, I have with the utmost promptness transmitted
to the Congress all dispatches and reports relative to the subject,
and I am not aware of any dispatches or documents in the remotest way
connected with these relations which have come to the possession of the
State Department or the Executive and been withheld from the Senate.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, March 7, 1894_.
_To the Senate of the United States_:
I transmit herewith a report submitted by the Secretary of State in
response to the resolution of the Senate dated January 23, 1894,
requesting communication of correspondence exchanged between the
Government of the United States and the Governments of Colombia,
Venezuela, and Hayti.
GROVER CLEVELAND.
EXECUTIVE MANSION, _March 7, 1894_.
_To the Congress_:
I transmit herewith copies of certain dispatches lately received from
our minister at Hawaii, together with copies of the inclosures which
accompanied such dispatches.
GROVER CLEVELAND.
EXECUTIVE MANSION, _March 8, 1894_.
_To the Senate of the United States_:
I transmit herewith a report furnished by the Secretary of State in
response to a resolution of the Senate of the 1st instant, making
inquiry respecting the present condition of the _Virginius_
indemnity fund.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, D.C., March 14, 1894_.
_To the Senate_:
I herewith transmit a report[5] of the Secretary of State of the 14th
instant, concerning the several inquiries in the resolution of the
Senate addressed to him under date of the 9th instant.
GROVER CLEVELAND.
[Footnote 5: Relating to the coined silver money and the products of
India, Russia, and the Argentine Republic.]
EXECUTIVE MANSION, _Washington, March 19, 1894_.
_To the Senate_:
I transmit herewith, with a view to its ratification, a convention
concluded at this capital on the 17th instant between the United States
and China concerning the subject of emigration between those two
countries.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, March 19, 1894_.
_To the Senate_:
I transmit herewith a report from the Secretary of State, concerning the
landing of British troops at Bluefields, Nicaragua, in answer to the
resolution of the Senate of the 7th instant on that subject.
GROVER CLEVELAND.
EXECUTIVE MANSION, _March 19, 1894_.
_To the Congress_:
I transmit herewith a copy of a dispatch received from our minister at
Hawaii, together with copies of the inclosures which accompanied said
dispatch.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, April 3, 1894_.
_To the Senate_:
I transmit herewith report from the Secretary of State, inclosing
the final report of the agent of the United States before the Paris
Tribunal, also the protocols thus far received and certain other papers
relating to that arbitration.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, April 13, 1894_.
_To the Congress_:
I transmit herewith copies of certain dispatches from the United States
minister at Honolulu, received by the Secretary of State since my
message of March 19, 1894.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, April 21, 1894_.
_To the Congress_:
I transmit herewith a communication from the Secretary of State,
covering a dispatch from the United States minister at Honolulu and
reply thereto.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, D.C., May 1, 1894_.
_To the Senate and House of Representatives_:
I transmit herewith the ninth annual report of the Commissioner of
Labor. This report relates entirely to building and loan associations in
the United States.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, May 9, 1894_.
_To the Senate of the United States_:
I transmit herewith, in response to the resolution of the Senate of
April 6, 1894, a report of the Secretary of State, containing the
requested information as to the present condition of affairs in the
Samoan Islands, with copies of the correspondence in relation thereto,
including that with the Governments of Great Britain and Germany.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, May 9, 1894_.
_To the Congress_:
I transmit herewith a communication from the Secretary of State, in
regard to recent dispatches from the United States minister at Honolulu,
received since my message of April 21, 1894, and also a dispatch from
the minister dated April 14, 1894.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, May 29, 1894_.
_To the Congress_:
I herewith transmit, having regard to my message of May 9, 1894, a
communication from the Secretary of State, covering a dispatch from the
United States minister at Honolulu.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, June 20, 1894_.
_To the Senate_:
I transmit herewith, in response to the resolution of the Senate of
December 20, 1893, a report from the Acting Secretary of State, covering
the desired copies of correspondence in the matter of the claim of
Antonio Maximo Mora against Spain.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, June 23, 1894_.
_To the Congress_:
I herewith transmit a communication covering dispatches from the United
States minister at Honolulu.
GROVER CLEVELAND.
EXECUTIVE MANSION, _June 25, 1894_.
_To the Senate and House of Representatives_:
The shocking intelligence has been received that the President of the
French Republic met his death yesterday at the hands of an assassin.
This terrible event which has overtaken a sister Republic can not fail to
deeply arouse the sympathies of the American nation, while the violent
termination of a career promising so much in aid of liberty and advancing
civilization should be mourned as an affliction to mankind.
GROVER CLEVELAND.
EXECUTIVE MANSION, _June 29, 1894_.
_To the Senate of the United States_:
Answering a resolution of your honorable body dated the 13th instant,
I transmit herewith a report[6] of the Secretary of State, with an
accompanying document, which contain all the information in my
possession touching the matters embraced in said resolution.
GROVER CLEVELAND.
[Footnote 6: Relating to the probable retaliatory action of foreign
governments for the proposed imposition by the United States of a duty
on sugar.]
EXECUTIVE MANSION, _Washington, July 9, 1894_.
_To the Senate_:
I transmit herewith, in further response to the Senate resolution of
April 6, 1894, a report from the Secretary of State, accompanied by
copies of certain correspondence relating to Samoan affairs.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 19, 1894_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 18th instant,
the House of Representatives concurring, I return herewith the bill
(S. 1105) entitled "An act for the relief of Albert Redstone."
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, July 24, 1894_.
_To the Congress_:
I herewith transmit a communication from the Secretary of State,
covering a dispatch from the United States minister at Honolulu.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, D.C., July 27, 1894_.
_To the Senate and House of Representatives_:
I transmit herewith the seventh special report of the Commissioner of
Labor. This report relates to what is generally known as the slums of
cities, and has been prepared in accordance with a joint resolution
approved July 20, 1892.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, July 30, 1894_.
_To the Congress_:
I herewith transmit a communication from the Secretary of State,
covering two dispatches from the United States minister at Honolulu.
GROVER CLEVELAND.
VETO MESSAGES.
EXECUTIVE MANSION, _January 17, 1894_.
_To the House of Representatives_:
I return without my approval House bill No. 71, entitled "An act for the
relief of purchasers of timber and stone lands under the act of June 3,
1878."
This bill permits the proofs and affidavits which under present statutes
parties desiring to acquire certain public lands are required to make
before the registers and receivers of the land offices within which such
lands are located to be made before any commissioner of the United
States circuit court or before the judge or clerk of any court of
records of the county or parish in which the lands are situated.
A similar bill was passed by the Fifty-second Congress and was
disapproved by the Commissioner of the General Land Office and the
Secretary of the Interior. The successors of these officers oppose the
present bill on the ground that in its operation it would open the door
to fraud and to a perversion of the intentions of the Government in
relation to the public lands.
It is difficult, with the most scrupulous care, to guard the alienation
of our public lands from fraud and illegal practices. It is perfectly
plain, however, that the prospect of accomplishing this result is better
under present laws, which require the necessary proofs to be made before
land officers who are appointed for that purpose and who are under the
control of the General Land Office and amenable to its regulations, than
it would be by substituting other officers over whom the Land Office has
no control.
Certain rules and orders of the Land Office are now in force which
regulate the taking of the necessary proofs and permit oral examinations
by registers and receivers. These regulations are of the utmost
importance if our land laws are to be justly and honestly administered.
I fully concur in the objections made to this bill by the officers
having charge of the public lands in the last Administration and by
their successors who are now charged with that responsibility. I am
convinced that such a relaxation of our existing land laws as is
contemplated by the bill under consideration would not be in the
interest of good administration.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 20, 1894_.
_To the House of Representatives_:
I hereby return without my approval House bill No. 3289, entitled
"An act to authorize the New York and New Jersey Bridge Companies
to construct and maintain a bridge across the Hudson River between
New York City and the State of New Jersey."
This bill authorizes the construction of a bridge over the North River
between the States of New York and New Jersey, the terminus of which
in the city of New York shall not be below Sixty-sixth street. It
contemplates the construction of a bridge upon piers placed in the
river. No mention is made of a single span crossing the entire river,
nor is there anything in the bill indicating that it was within the
intention of the Congress that there should be a bridge built without
piers. I am by no means certain that the Secretary of War, who is
invested by the terms of the bill with considerable discretion so far as
the plans for the structure are concerned, would have the right to exact
of the promoters of this enterprise the erection of a bridge spanning
the entire river.
Much objection has been made to the location of any piers in the river
for the reason that they would seriously interfere with the commerce
which seeks the port of New York through that channel. It is certainly
very questionable whether piers should be permitted at all in the North
River at the point designated for the location of this bridge. It seems
absolutely certain that within a few years a great volume of shipping
will extend to that location, which would be seriously embarrassed by
such obstruction.
I appreciate fully the importance of securing some means by which
railroad traffic can cross this river, and no one can fail to realize
the serious inconvenience to travel caused by lack of facilities of
that character. At the same time, it is a plain dictate of wisdom and
expediency that the commerce of the river be not unnecessarily
interfered with by bridges or in any other manner.
Engineers whose judgment upon the matter can not be questioned,
including the engineer of the company proposing to build this bridge,
have expressed the opinion that the entire river can be spanned safely
and effectively by a suspension bridge, or a construction not needing
the use of piers.
The company to which the permission to bridge the river is granted in
the bill under consideration was created by virtue of an act of the
legislature of the State of New York which became a law, by reason of
the failure of the governor to either approve or veto the same, on the
30th day of April, 1890. It may be safely assumed that the members of
the legislature which passed this law knew what was necessary for the
protection of the commerce of the city of New York and had informed
themselves concerning the plan of a bridge that should be built in view
of all the interests concerned.
By paragraph 24 of the law creating this company it is provided that
"the said bridge shall be constructed with a single span over the entire
river between towers or piers located between the span and the existing
pier-head lines in either State," and that "no pier or tower or other
obstruction of a permanent character shall be placed or built in the
river between said towers or piers under this act."
In view of such professional judgment, and considering the interests
which would be interfered with by the location of piers in the river,
and having due regard to the judgment of the legislature of the State
of New York, it seems to me that a plan necessitating the use of piers
in the bed of the river should be avoided. The question of increased
expense of construction or the compromise of conflicting interests
should not outweigh the other important considerations involved.
I notice the bill provides that the companies availing themselves of
its privileges shall receive no greater pay for transporting the mails
across the bridge than is allowed per mile to railroads using the same.
If this is intended, as the language seems to import, to authorize this
bridge company to charge the United States Government a toll for the
carriage of its mails across the bridge equal to the amount which may
be paid per mile by the Government for carrying the mails by railroads
crossing the bridge, it seems to me it should not be allowed. The
expense to the Government for carrying the mails over the structure
should beyond any doubt be limited to the compensation paid the
railroads for transportation.
An exceedingly important objection to the bill remains to be considered.
In 1890 the North River Bridge Company was incorporated by an act of
Congress for the purpose of constructing a bridge across the North
River, the New York terminus of which was located at or near
Twenty-third street in the city of New York. The proposition to
construct the bridge at that point was a subject very carefully and
thoroughly examined at that time and during the agitation of the project
for a number of years prior to the passage of the act. As a result of
such examination and much discussion, Congress granted permission to
this company to construct a bridge having a single span and suspended
from towers on each side of the river, and in the act especially
prohibited the placing of any piers in the river, either of a temporary
or of a permanent character, in connection with said bridge. This plan
to bridge the river without piers was at that time considered feasible
by the engineers of the company, and it accepted the terms of the act.
Before this permission was finally granted a number of bills were
introduced in the Congress covering the same subject, which were
referred to Government engineers. Reports were made by these officers in
every case insisting upon a construction with a single span and without
piers in the bed of the river.
The eighth subdivision of the bill herewith returned provides that any
company heretofore created for the purpose of bridging the river may
avail itself of the provisions of the act, and makes such company
subject to all its provisions. This, of course, has reference to
the North River Bridge Company and releases that company from the
prohibition of the act under which it was permitted to span the river
and permits it to construct piers in the river. It seems to me that
the language of the bill under consideration, so far as it relates to
this particular feature, is equivalent to a new grant to that company,
differing very materially from the grant which was thought expedient at
the time it was before the Congress, and removes the guaranty that in
the construction of its bridge there shall be no obstructions in the
river such as were especially guarded against by the bill originally
passed for its benefit. In effect a new charter is granted to a company
not named in the bill, and with no apparent reason for the important
enlargement of its privileges thus accomplished. It is entirely apparent
that the reasons against obstructions in the North River which might
interfere with commerce and navigation and the beneficial use of the
harbor of New York are immensely strengthened when they are applied to
a location in the river far below the location of the bridge which is
permitted in the bill now before me.
Whatever question there may be about the injurious character of the
obstruction at Sixty-sixth street in New York City, I believe there can
be no doubt whatever that piers placed in the river more than 2 miles
below, at Twenty-third street, would be very serious impediments. If
this thoroughfare, so important to the commerce of the country and the
State of New York, is to be crossed by bridges, each scheme for that
purpose should be considered by itself and its merits and advisability
determined by the circumstances which naturally belong to it. The
objection to piers in the river for the purpose of supporting bridges is
in any event so serious that the considerations which would determine
the question of a bridge located at Sixty-sixth street ought not in
such an indirect manner as is done by this bill be applied to a like
structure at Twenty-third street.
GROVER CLEVELAND.
EXECUTIVE MANSION, _March 29, 1894_.
_To the House of Representatives_:
I return without my approval House bill No. 4956, entitled "An act
directing the coinage of the silver bullion held in the Treasury, and
for other purposes."
My strong desire to avoid disagreement with those in both Houses of
Congress who have supported this bill would lead me to approve it if I
could believe that the public good would not be thereby endangered and
that such action on my part would be a proper discharge of official
duty. Inasmuch, however, as I am unable to satisfy myself that the
proposed legislation is either wise or opportune, my conception of the
obligations and responsibilities attached to the great office I hold
forbids the indulgence of my personal desire and inexorably confines me
to that course which is dictated by my reason and judgment and pointed
out by a sincere purpose to protect and promote the general interests of
our people.
The financial disturbance which swept over the country during the last
year was unparalleled in its severity and disastrous consequences. There
seemed to be almost an entire displacement of faith in our financial
ability and a loss of confidence in our fiscal policy. Among those who
attempted to assign causes for our distress it was very generally
conceded that the operation of a provision of law then in force which
required the Government to purchase monthly a large amount of silver
bullion and issue its notes in payment therefor was either entirely or
to a large extent responsible for our condition. This led to the repeal
on the 1st day of November, 1893, of this statutory provision.
We had, however, fallen so low in the depths of depression and timidity
and apprehension had so completely gained control in financial circles
that our rapid recuperation could not be reasonably expected. Our
recovery has, nevertheless, steadily progressed, and though less than
five months have elapsed since the repeal of the mischievous
silver-purchase requirement a wholesome improvement is unmistakably
apparent. Confidence in our absolute solvency is to such an extent
reinstated and faith in our disposition to adhere to sound financial
methods is so far restored as to produce the most encouraging results
both at home and abroad. The wheels of domestic industry have been
slowly set in motion and the tide of foreign investment has again
started in our direction.
Our recovery being so well under way, nothing should be done to check
our convalescence; nor should we forget that a relapse at this time
would almost surely reduce us to a lower stage of financial distress
than that from which we are just emerging.
I believe that if the bill under consideration should become a law it
would be regarded as a retrogression from the financial intentions
indicated by our recent repeal of the provision forcing silver-bullion
purchases; that it would weaken, if it did not destroy, returning
faith and confidence in our sound financial tendencies, and that
as a consequence our progress to renewed business health would be
unfortunately checked and a return to our recent distressing plight
seriously threatened.
This proposed legislation is so related to the currency conditions
growing out of the law compelling the purchase of silver by the
Government that a glance at such conditions and a partial review of the
law referred to may not be unprofitable.
Between the 14th day of August, 1890, when the law became operative, and
the 1st day of November, 1893, when the clause it contained directing
the purchase of silver was repealed, there were purchased by the
Secretary of the Treasury more than 168,000,000 ounces of silver
bullion. In payment for this bullion the Government issued its Treasury
notes, of various denominations, amounting to nearly $156,000,000, which
notes were immediately added to the currency in circulation among our
people. Such notes were by the law made legal tender in payment of all
debts, public and private, except when otherwise expressly stipulated,
and were made receivable for customs, taxes, and all public dues,
and when so received might be reissued. They were also permitted to be
held by banking associations as a part of their lawful reserves.
On the demand of the holders these Treasury notes were to be redeemed in
gold or silver coin, in the discretion of the Secretary of the Treasury;
but it was declared as a part of this redemption provision that it was
"the established policy of the United States to maintain the two metals
on a parity with each other upon the present legal ratio or such ratio
as may be provided by law." The money coined from such bullion was to be
standard silver dollars, and after directing the immediate coinage of a
little less than 28,000,000 ounces the law provided that as much of the
remaining bullion should be thereafter coined as might be necessary to
provide for the redemption of the Treasury notes issued on its purchase,
and that "any gain or seigniorage arising from such coinage shall be
accounted for and paid into the Treasury."
This gain or seigniorage evidently indicates so much of the bullion
owned by the Government as should remain after using a sufficient amount
to coin as many standard silver dollars as should equal in number the
dollars represented by the Treasury notes issued in payment of the
entire quantity of bullion. These Treasury notes now outstanding and in
circulation amount to $152,951,280, and although there has been thus
far but a comparatively small amount of this bullion coined, yet the
so-called gain or seigniorage, as above defined, which would arise
from the coinage of the entire mass has been easily ascertained to be a
quantity of bullion sufficient to make when coined 55,156,681 standard
silver dollars.
Considering the present intrinsic relation between gold and silver, the
maintenance of the parity between the two metals, as mentioned in this
law, can mean nothing less than the maintenance of such a parity in the
estimation and confidence of the people who use our money in their daily
transactions. Manifestly the maintenance of this parity can only be
accomplished, so far as it is affected by these Treasury notes and in
the estimation of the holders of the same, by giving to such holders
on their redemption the coin, whether it is gold or silver, which they
prefer. It follows that while in terms the law leaves the choice of coin
to be paid on such redemption to the discretion of the Secretary of the
Treasury, the exercise of this discretion, if opposed to the demands of
the holder, is entirely inconsistent with the effective and beneficial
maintenance of the parity between the two metals.
If both gold and silver are to serve us as money and if they together
are to supply to our people a safe and stable currency, the necessity of
preserving this parity is obvious. Such necessity has been repeatedly
conceded in the platforms of both political parties and in our Federal
statutes. It is nowhere more emphatically recognized than in the recent
law which repealed the provision under which the bullion now on hand was
purchased. This law insists upon the "maintenance of the parity in value
of the coins of the two metals and the equal power of every dollar at
all times in the markets and in the payment of debts."
The Secretary of the Treasury has therefore, for the best of reasons,
not only promptly complied with every demand for the redemption of these
Treasury notes in gold, but the present situation as well as the letter
and spirit of the law appear plainly to justify, if they do not enjoin
upon him, a continuation of such redemption.
The conditions I have endeavored to present may be thus summarized:
First. The Government has purchased and now has on hand sufficient
silver bullion to permit the coinage of all the silver dollars necessary
to redeem in such dollars the Treasury notes issued for the purchase of
said silver bullion, and enough besides to coin, as gain or seigniorage,
55,156,681 additional standard silver dollars.
Second. There are outstanding and now in circulation Treasury notes
issued in payment of the bullion purchased amounting to $152,951,280.
These notes are legal tender in payment of all debts, public and
private, except when otherwise expressly stipulated; they are receivable
for customs, taxes, and all public dues; when held by banking
associations they may be counted as part of their lawful reserves,
and they are redeemed by the Government in gold at the option of the
holders. These advantageous attributes were deliberately attached to
these notes at the time of their issue. They are fully understood by our
people to whom such notes have been distributed as currency, and have
inspired confidence in their safety and value, and have undoubtedly thus
induced their continued and contented use as money, instead of anxiety
for their redemption.
Having referred to some incidents which I deem relevant to the subject,
it remains for me to submit a specific statement of my objections to the
bill now under consideration.
This bill consists of two sections, excluding one which merely
appropriates a sum sufficient to carry the act into effect. The first
section provides for the immediate coinage of the silver bullion in the
Treasury which represents the so-called gain or seigniorage, or which
would arise from the coinage of all the bullion on hand, which gain or
seigniorage this section declares to be $55,156,681. It directs that the
money so coined or the certificates issued thereon shall be used in the
payment of public expenditures, and provides that if the needs of the
Treasury demand it the Secretary of the Treasury may, in his discretion,
issue silver certificates in excess of such coinage, not exceeding the
amount of seigniorage in said section authorized to be coined.
The second section directs that as soon as possible after the coinage of
this seigniorage the remainder of the bullion held by the Government
shall be coined into legal-tender standard silver dollars, and that they
shall be held in the Treasury for the redemption of the Treasury notes
issued in the purchase of said bullion. It provides that as fast as the
bullion shall be coined for the redemption of said notes they shall not
be reissued, but shall be canceled and destroyed in amounts equal to the
coin held at any time in the Treasury derived from the coinage provided
for, and that silver certificates shall be issued on such coin in the
manner now provided by law. It is, however, especially declared in said
section that the act shall not be construed to change existing laws
relating to the legal-tender character or mode of redemption of the
Treasury notes issued for the purchase of the silver bullion to be
coined.
The entire bill is most unfortunately constructed. Nearly every sentence
presents uncertainty and invites controversy as to its meaning and
intent. The first section is especially faulty in this respect, and it
is extremely doubtful whether its language will permit the consummation
of its supposed purposes. I am led to believe that the promoters of the
bill intended in this section to provide for the coinage of the bullion
constituting the gain or seigniorage, as it is called, into standard
silver dollars, and yet there is positively nothing in the section to
prevent its coinage into any description of silver coins now authorized
under any existing law.
I suppose this section was also intended, in case the needs of the
Treasury called for money faster than the seigniorage bullion could
actually be coined, to permit the issue of silver certificates in
advance of such coinage; but its language would seem to permit the
issuance of such certificates to double the amount of seigniorage as
stated, one-half of which would not represent an ounce of silver in
the Treasury. The debate upon this section in the Congress developed
an earnest and positive difference of opinion as to its object and
meaning. In any event, I am clear that the present perplexities and
embarrassments of the Secretary of the Treasury ought not to be
augmented by devolving upon him the execution of a law so uncertain
and confused.
I am not willing, however, to rest my objection to this section solely
on these grounds. In my judgment sound finance does not commend a
further infusion of silver into our currency at this time unaccompanied
by further adequate provision for the maintenance in our Treasury of a
safe gold reserve.
Doubts also arise as to the meaning and construction of the second
section of the bill. If the silver dollars therein directed to be coined
are, as the section provides, to be held in the Treasury for the
redemption of Treasury notes, it is suggested that, strictly speaking,
certificates can not be issued on such coin "in the manner now provided
by law," because these dollars are money held in the Treasury for the
express purpose of redeeming Treasury notes on demand, which would
ordinarily mean that they were set apart for the purpose of substituting
them for these Treasury notes. They are not, therefore, held in such a
way as to furnish a basis for certificates according to any provision of
existing law.
If however, silver certificates can properly be issued upon these
dollars, there is nothing in the section to indicate the characteristics
and functions of these certificates. If they were to be of the same
character as silver certificates in circulation under existing laws,
they would at best be receivable only for customs, taxes, and all public
dues; and under the language of this section it is, to say the least,
extremely doubtful whether the certificates it contemplates would be
lawfully received even for such purposes.
Whatever else may be said of the uncertainties of expression in this
bill, they certainly ought not to be found in legislation affecting
subjects so important and far-reaching as our finances and currency.
In stating other and more important reasons for my disapproval of this
section I shall, however, assume that under its provisions the Treasury
notes issued in payment for silver bullion will continue to be redeemed
as heretofore, in silver or gold, at the option of the holders, and that
if when they are presented for redemption or reach the Treasury in any
other manner there are in the Treasury coined silver dollars equal in
nominal value to such Treasury notes, then and in that case the notes
will be destroyed and silver certificates to an equal amount be
substituted.
I am convinced that this scheme is ill advised and dangerous. As an
ultimate result of its operation Treasury notes, which are legal tender
for all debts, public and private, and which are redeemable in gold
or silver at the option of the holder, will be replaced by silver
certificates, which, whatever may be their character and description,
will have none of these qualities. In anticipation of this result and
as an immediate effect the Treasury notes will naturally appreciate in
value and desirability. The fact that gold can be realized upon them and
the further fact that their destruction has been decreed when they reach
the Treasury must tend to their withdrawal from general circulation
to be immediately presented for gold redemption or to be hoarded for
presentation at a more convenient season. The sequel of both operations
will be a large addition to the silver currency in our circulation and a
corresponding reduction of gold in the Treasury. The argument has been
made that these things will not occur at once, because a long time must
elapse before the coinage of anything but the seigniorage can be entered
upon. If the physical effects of the execution of the second section
of this bill are not to be realized until far in the future, this may
furnish a strong reason why it should not be passed so much in advance;
but the postponement of its actual operation can not prevent the fear
and loss of confidence and nervous precaution which would immediately
follow its passage and bring about its worst consequences. I regard this
section of the bill as embodying a plan by which the Government will be
obliged to pay out its scanty store of gold for no other purpose than
to force an unnatural addition of silver money into the hands of our
people. This is an exact reversal of the policy which safe finance
dictates if we are to preserve parity between gold and silver and
maintain sensible bimetallism.
We have now outstanding more than $338,000,000 in silver certificates
issued under existing laws. They are serving the purpose of money
usefully and without question. Our gold reserve, amounting to only a
little more than $100,000,000, is directly charged with the redemption
of $346,000,000 of United States notes. When it is proposed to inflate
our silver currency it is a time for strengthening our gold reserve
instead of depleting it. I can not conceive of a longer step toward
silver monometallism than we take when we spend our gold to buy silver
certificates for circulation, especially in view of the practical
difficulties surrounding the replenishment of our gold.
This leads me to earnestly present the desirability of granting to the
Secretary of the Treasury a better power than now exists to issue bonds
to protect our gold reserve when for any reason it should be necessary.
Our currency is in such a confused condition and our financial affairs
are apt to assume at any time so critical a position that it seems to me
such a course is dictated by ordinary prudence.
I am not insensible to the arguments in favor of coining the bullion
seigniorage now in the Treasury, and I believe it could be done safely
and with advantage if the Secretary of the Treasury had the power to
issue bonds at a low rate of interest under authority in substitution of
that now existing and better suited to the protection of the Treasury.
I hope a way will present itself in the near future for the adjustment
of our monetary affairs in such a comprehensive and conservative manner
as will accord to silver its proper place in our currency; but in the
meantime I am extremely solicitous that whatever action we take on this
subject may be such as to prevent loss and discouragement to our people
at home and the destruction of confidence in our financial management
abroad.
GROVER CLEVELAND.
EXECUTIVE MANSION, _August 7, 1894_.
_To the House of Representatives_:
I herewith return without approval House bill No. 2637, entitled "An act
for the relief of Eugene Wells, late captain, Twelfth Infantry, and
second lieutenant, First Artillery, United States Army."
This bill authorizes the President to nominate and, by and with the
advice and consent of the Senate, to appoint the beneficiary therein
named a second lieutenant of artillery in the Army of the United States,
and it directs that when so appointed he shall be placed upon the
retired list on account of disability, thus dispensing with the usual
examination and finding by a retiring board and all other ordinary
prerequisites of retirement.
Appointments to the Army under the authority of special legislation
which names the proposed appointee, and the purpose of which is the
immediate retirement of the appointee, are open to serious objections,
though I confess I have been persuaded through sympathy and sentiment on
a number of occasions to approve such legislation. When, however, it is
proposed to make the retirement compulsory and without reference to age
or previous examination, a most objectionable feature is introduced.
The cases covered by the special enactments referred to are usually such
as should, if worthy of any consideration, be provided for under general
or private pension laws, leaving the retired list of the Army to serve
the legitimate purpose for which it was established.
A recent discussion in the House of Representatives upon a bill similar
to the one now before me drew from a member of the House Committee on
Military Affairs the declaration that hundreds of such bills were before
that committee and that there were fifty precedents for the passage of
the particular one then under discussion.
It seems to me that this condition suggests such an encroachment upon
the retired list of the Army as should lead to the virtual abandonment
of the legislation referred to.
In addition to the objections to such legislation based upon sound
policy and good administration, there are facts connected with the case
covered by the bill now before me which, in my judgment, forbid its
favorable consideration.
The beneficiary named in this bill entered the military service as first
lieutenant in 1861. In September or October, 1870, then being a captain,
a charge of conduct unbecoming an officer and a gentleman was preferred
against him with a view to his trial on said charge before a
court-martial.
The Articles of War provide that any officer convicted of this offense
shall be dismissed the service.
The first specification under this charge alleged that Captain Wells did
violently and without just cause or provocation assault First Lieutenant
P.H. Breslin "by furiously striking and hitting him (Lieutenant Breslin)
upon the head with a hickory stick, the butt end of a billiard cue, and
did continue the assault (upon Lieutenant Breslin) until forced to
desist therefrom by First Lieutenant Carl Veitenhimer, Fourth United
States Infantry, thereby endangering the life of Lieutenant Breslin and
disgracing himself (Captain Wells) as an officer of the United States
Army."
The second specification alleged that Captain Wells "did become so much
under the influence of intoxicating liquor as to behave himself in a
scandalous manner by violently attacking the person of First Lieutenant
P.H. Breslin, Fourth United States Infantry."
These offenses were charged to have been committed on the 3d day of
September, 1870, at Fort Fetterman, in Wyoming Territory.
On the 15th day of July, 1870, a law was passed, among other things,
to bring about a reduction of the Army, which law provided that the
President should before the 1st day of July, 1871, reduce the number of
enlisted men in the Army to 30,000, and authorized him in his discretion
to honorably discharge from the service of the United States officers of
the Army who might apply therefor on or before January 1, 1871.
Before the trial by court-martial upon the charge then pending against
him Captain Wells applied for his discharge under the provision of the
law above recited, whereupon the charge against him was withdrawn and
canceled, and on the 27th day of October, 1870, his application for a
discharge was granted.
On the 6th day of July, 1875, he was again appointed to the Army as
second lieutenant in the artillery, against which a remonstrance was
made by certain officers in the Army.
In August, 1877, Second Lieutenant Wells was charged with being "drunk
on duty, in violation of the thirty-eighth article of war."
He was also charged with "conduct to the prejudice of good order and
military discipline."
The first specification under the latter charge alleged that the accused
did "engage in an affray with First Lieutenant E. Van A. Andruss, First
Artillery." The second specification under said charge alleged that the
accused addressed his superior officer in a defiant and disrespectful
manner and neglected and hesitated to promptly obey the order of said
superior officer.
All these offenses were alleged to have been committed at Reading, Pa.,
on the 2d day of August, 1877.
Soon after these charges were preferred a court-martial was convened for
the trial of the accused thereon. He pleaded not guilty to the charges
and specifications, but was convicted of them all and sentenced "to be
dismissed the service of the United States."
On the 6th day of October the proceedings, findings, and sentence of the
court-martial were approved by the President, who ordered the sentence
to be executed; and on the 13th day of October, 1877, in pursuance
thereof, Lieutenant Eugene Wells was dismissed from the service.
Since that time repeated efforts have been made to vacate this judgment
and restore the dismissed officer to the service. While a number of
committees in Congress have made reports favorable to such action, at
least two committees have recommended a denial of legislative relief.
Both of these reports were made on behalf of House Committees on
Military Affairs by distinguished soldiers, who, after patient
examination and with an inclination to be not only just but generous to
a fellow-soldier, were constrained to recommend a refusal of the
application for restoration. One of these reports was made to the
Forty-seventh and the other to the Forty-ninth Congress.
I am impressed with the belief that legislation of the kind proposed is
of extremely doubtful expediency in any save very exceptional cases, and
I am thoroughly convinced by the facts now before me that the discipline
and efficiency of our Army, as well as justice to its meritorious
members, do not permit my approval on any ground of the bill herewith
returned.
GROVER CLEVELAND.
EXECUTIVE MANSION, _August 11, 1894_.
_To the Senate_:
I hereby return without my approval Senate bill No. 1438, entitled
"An act for the relief of Louis A. Yorke."
In the year 1886 the beneficiary named in this bill was a passed
assistant paymaster in the Navy. In December of that year he appeared
before a naval examining board convened pursuant to law for the purpose
of passing upon his fitness to be promoted to the grade of paymaster.
The investigation of the board was conducted fairly and thoroughly. Much
of the evidence relating to the candidate's moral fitness for promotion
was documentary, and the examination touching his professional
competency was of the usual character in such cases.
Considerable evidence was before the board showing quite a large amount
of personal indebtedness owing by the candidate, and it appeared that
in a few instances his accounts with the Navy Department had not been
promptly settled. It was also shown that he had not at all times
deposited the Government money intrusted to his care in the places
required by law and the regulations of the Navy. In connection with his
personal indebtedness incidents and circumstances were brought to light
which certainly indicated that he entertained very lax ideas of honest
dealing and fairness and which developed a disregard of the obligations
and requirements of his position as an officer in the Navy. He was given
abundant opportunity to meet and explain every damaging allegation and
every adverse inference arising from the evidence, and his claim, not
without foundation it appeared, that the charges against him were
instigated by malice was doubtless given full weight.
The examining board on the evidence made the following decisions and
findings:
The written examination of the candidate shows that he is deficient in
his knowledge of the duties appertaining to the next higher grade; and
the record evidence puts in question his moral fitness, and he has
failed to establish both his professional and moral qualifications for
promotion to the satisfaction of the board.
Therefore we hereby certify that Passed Assistant Paymaster Louis A.
Yorke, United States Navy, has the mental fitness to perform efficiently
all the duties, both at sea and on shore, of the next higher grade, but
he has not the professional and moral qualifications required, and we do
not recommend him for promotion.
After the board had thus disposed of the case and had adjourned it was,
at the request of the candidate, reconvened by order of the Secretary of
the Navy, who issued for its guidance the following directions, among
others:
The board will inform Passed Assistant Paymaster Yorke of its findings
and of the evidence upon which it finds him to be not morally qualified
for promotion, and will afford him a further hearing and an opportunity
to present such evidence as he may desire as to his moral fitness for
promotion.
The board met pursuant to such order on the 4th day of January, 1887,
when the findings of the board were read to the candidate for promotion,
and also the evidence upon which said findings were based, and he was
informed that the board would accord him a further hearing as to his
moral fitness for promotion and would afford him a reasonable time in
which to submit his case. Thereupon he requested the board to allow him
until the 26th day of January to produce the necessary witnesses in his
behalf. This request was granted, but on the day appointed, upon his
representation that he was then unable to submit his defense, he was
upon his request allowed another day for that purpose.
In availing himself of the opportunity thus afforded him to present
evidence in defense or explanation of the matters charged against him
he examined no witnesses and contented himself with presenting his own
statement, containing little more than a reiteration of statements he
had already made before the board at previous hearings, supplemented by
slight documentary evidence which established no new facts in his favor.
The board thereupon reviewed all the evidence and proofs which had been
submitted during the entire examination, and after full consideration
decided that there was nothing in the additional evidence produced to
warrant a modification of the original finding, and the board therefore
again certified and decided that the candidate had not the moral
qualifications to perform efficiently the duties of the grade to which
he sought promotion.
The Secretary of the Navy transmitted the record, proceedings, and
findings of said examining board to the President, with a recommendation
that the same be approved and that the candidate be discharged from the
Navy with one year's pay, pursuant to a statute passed on the 5th day of
August, 1882, directing a discharge from the service in such cases.
Thereupon, and on the 19th day of February, 1887, the record,
proceedings, and findings of said board were approved by the President,
and Passed Assistant Paymaster Yorke was ordered discharged from the
naval service with one year's pay.
The bill now under consideration provides that the action of the
examining board above recited "be set aside and declared null and void."
It also authorizes the President "to appoint the beneficiary to the
office to which he would have been promoted but for said action and to
retire him in that grade as of the date he was wholly retired."
The authority attempted by the bill to be given to the President to thus
make an appointment to the office of paymaster in the Navy without the
interposition of the Senate appears to be inadmissible under that clause
of the Constitution which only permits the President to appoint certain
officers "by and with the advice and consent of the Senate."
The bill provides for the immediate retirement of the beneficiary.
He is now but 47 years old, thus lacking fifteen years of the time
when he would be entitled to retirement on account of age. There is no
suggestion that he is physically incapacitated. On the contrary, when
he was examined for promotion a medical board certified that he was
physically qualified to perform all his duties at sea, and the candidate
himself not only certified to the same thing, but further declared that
he was "free from all bodily ailments." If this condition continues and
if he should be restored to the Navy at all, he should be sent to duty
on the active list instead of being retired. On the facts as presented
he would seem to be out of place among those who, though still
compensated by the Government, have been on account of age, long and
honorable service, or disabilities incurred in the discharge of duty
relieved from further activity.
A careful investigation of the facts submitted to the examining board
and a consideration of all the statements made on behalf of the
beneficiary named in the bill utterly fail, in my opinion, to justify
the impeachment of the findings and determination of the board.
I have no doubt malicious feeling growing out of domestic difficulties
entered into the affair and gave impetus to the search after inculpating
evidence, but facts were nevertheless established beyond any reasonable
doubt which abundantly uphold these findings.
I feel obliged to disapprove the bill herewith returned because I
believe the power to appoint a paymaster in the Navy ought not, under
the Constitution, be conferred upon the President alone; because if the
beneficiary were restored to the Navy there would be no justice or
propriety in placing him upon the retired list, and because upon the
merits of the case I am of the opinion the judgment of the examining
board ought not to be reversed.
GROVER CLEVELAND.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas an act of Congress entitled "An act to give effect to the award
rendered by the Tribunal of Arbitration at Paris under the treaty
between the United States and Great Britain concluded at Washington
February 29, 1892, for the purpose of submitting to arbitration certain
questions concerning the preservation of the fur seals," was approved
April 6, 1894, and reads as follows:
Whereas the following articles of the award of the Tribunal of
Arbitration constituted under the treaty concluded at Washington the
29th of February, 1892, between the United States of America and Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland
were delivered to the agents of the respective Governments on the
15th day of August, 1893:
"ARTICLE 1. The Governments of the United States and Great Britain shall
forbid their citizens and subjects, respectively, to kill, capture, or
pursue at any time and in any manner whatever the animals commonly
called fur seals within a zone of 60 miles around the Pribilof Islands,
inclusive of the territorial waters.
"The miles mentioned in the preceding paragraph are geographical miles,
of 60 to a degree of latitude.
"ART. 2. The two Governments shall forbid their citizens and subjects,
respectively, to kill, capture, or pursue in any manner whatever during
the season extending each year from the 1st of May to the 31st of July,
both inclusive, the fur seals on the high sea in the part of the Pacific
Ocean, inclusive of the Bering Sea, which is situated to the north of
the thirty-fifth degree of north latitude and eastward of the one
hundred and eightieth degree of longitude from Greenwich till it strikes
the water boundary described in Article I of the treaty of 1867 between
the United States and Russia, and following that line up to Bering
Strait.
"ART. 3. During the period of time and in the waters in which the
fur-seal fishing is allowed only sailing vessels shall be permitted
to carry on or take part in fur-seal fishing operations. They will,
however, be at liberty to avail themselves of the use of such canoes or
undecked boats, propelled by paddles, oars, or sails, as are in common
use as fishing boats.
"ART. 4. Each sailing vessel authorized to fish for fur seals must
be provided with a special license issued for that purpose by its
Government, and shall be required to carry a distinguishing flag to
be prescribed by its Government.
"ART. 5. The masters of the vessels engaged in fur-seal fishing shall
enter accurately in their official log book the date and place of each
fur-seal fishing operation, and also the number and sex of the seals
captured upon each day. These entries shall be communicated by each of
the two Governments to the other at the end of each fishing season.
"ART. 6. The use of nets, firearms, and explosives shall be forbidden in
the fur-seal fishing. This restriction shall not apply to shotguns when
such fishing takes place outside of Bering Sea during the season when it
may be lawfully carried on.
"ART. 7. The two Governments shall take measures to control the fitness
of the men authorized to engage in fur-seal fishing. These men shall
have been proved fit to handle with sufficient skill the weapons by
means of which this fishing may be carried on.
"ART. 8. The regulations contained in the preceding articles shall not
apply to Indians dwelling on the coast of the territory of the United
States or of Great Britain and carrying on fur-seal fishing in canoes
or undecked boats not transported by or used in connection with other
vessels, and propelled wholly by paddles, oars, or sails and manned by
not more than five persons each in the way hitherto practiced by the
Indians, provided such Indians are not in the employment of other
persons, and provided that when so hunting in canoes or undecked boats
they shall not hunt fur seals outside of territorial waters under
contract for the delivery of the skins to any person.
"This exemption shall not be construed to affect the municipal law of
either country, nor shall it extend to the waters of Bering Sea or the
waters of the Aleutian passes.
"Nothing herein contained is intended to interfere with the employment
of Indians as hunters or otherwise in connection with fur-sealing
vessels as heretofore.
"ART. 9. The concurrent regulations hereby determined with a view to the
protection and preservation of the fur seals shall remain in force until
they have been in whole or in part abolished or modified by common
agreement between the Governments of the United States and of Great
Britain.
"The said concurrent regulations shall be submitted every five years
to a new examination, so as to enable both interested Governments to
consider whether in the light of past experience, there is occasion
for any modification thereof."
_Now, therefore, be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled_, That no citizen of the United States or person owing the
duty of obedience to the laws or the treaties of the United States, nor
any person belonging to or on board of a vessel of the United States,
shall kill, capture, or pursue at any time or in any manner whatever
outside of territorial waters any fur seal in the waters surrounding the
Pribilof Islands within a zone of 60 geographical miles (60 to a degree
of latitude) around said islands, exclusive of the territorial waters.
SEC. 2. That no citizen of the United States or person above described
in section 1 of this act, nor any person belonging to or on board of a
vessel of the United States, shall kill, capture, or pursue in any
manner whatever during the season extending from the 1st day of May to
the 31st day of July, both inclusive, in each year any fur seal on the
high seas outside of the zone mentioned in section 1, and in that part
of the Pacific Ocean, including Bering Sea, which is situated to the
north of the thirty-fifth degree of north latitude and to the east of
the one hundred and eightieth degree of longitude from Greenwich till it
strikes the water boundary described in Article I of the treaty of 1867
between the United States and Russia, and following that line up to
Bering Strait.
SEC. 3. No citizen of the United States or person above described in the
first section of this act shall during the period and in the waters in
which by section 2 of this act the killing of fur seals is not
prohibited use or employ any vessel, nor shall any vessel of the United
States be used or employed, in carrying on or taking part in fur-seal
fishing operations, other than a sailing vessel propelled by sails
exclusively and such canoes or undecked boats propelled by paddles,
oars, or sails as may belong to and be used in connection with such
sailing vessels; nor shall any sailing vessel carry on or take part in
such operations without a special license obtained from the Government
for that purpose and without carrying a distinctive flag prescribed by
the Government for the same purpose.
SEC. 4. That every master of a vessel licensed under this act to engage
in fur-seal fishing operations shall accurately enter in his official
log book the date and place of every such operation, and also the number
and sex of the seals captured each day; and on coming into port and
before landing cargo the master shall verify on oath such official log
book as containing a full and true statement of the number and character
of his fur-seal fishing operations, including the number and sex of
seals captured; and for any false statement willfully made by a person
so licensed by the United States in this behalf he shall be subject to
the penalties of perjury, and any seal skins found in excess of the
statement in the official log book shall be forfeited to the United
States.
SEC. 5. That no person or vessel engaging in fur-seal fishing operations
under this act shall use or employ in such operations any net, firearm,
air gun, or explosive: _Provided, however_, That this prohibition
shall not apply to the use of shotguns in such operations outside of
Bering Sea during the season when the killing of fur seals is not there
prohibited by this act.
SEC. 6. That the foregoing sections of this act shall not apply to
Indians dwelling on the coast of the United States and taking fur seals
in canoes or undecked boats propelled wholly by paddles, oars, or sails,
and not transported by or used in connection with other vessels or
manned by more than five persons, in the manner heretofore practiced by
the said Indians: _Provided, however_, That the exception made in
this section shall not apply to Indians in the employment of other
persons, or who shall kill, capture, or pursue fur seals outside of
territorial waters under contract to deliver the skins to other persons,
nor to the waters of Bering Sea or of the passes between the Aleutian
Islands.
SEC. 7. That the President shall have power to make regulations
respecting the special license and the distinctive flag mentioned in
this act, and regulations otherwise suitable to secure the due execution
of the provisions of this act, and from time to time to add to, modify,
amend, or revoke such regulations as in his judgment may seem expedient.
SEC. 8. That, except in the case of a master making a false statement
under oath in violation of the provisions of the fourth section of this
act, every person guilty of a violation of the provisions of this act or
of the regulations made thereunder shall for each offense be fined not
less than $200 or imprisoned not more than six months, or both; and all
vessels, their tackle, apparel, furniture, and cargo, at any time used
or employed in violation of this act or of the regulations made
thereunder shall be forfeited to the United States.
SEC. 9. That any violation of this act or the regulations made
thereunder may be prosecuted either in the district court of Alaska or
in any district court of the United States in California, Oregon, or
Washington.
SEC. 10. That if any unlicensed vessel of the United States shall be
found within the waters to which this act applies, and at a time when
the killing of fur seals is by this act there prohibited, having on
board seal skins or bodies of seals or apparatus or implements suitable
for killing or taking seals, or if any licensed vessel shall be found
in the waters to which this act applies having on board apparatus or
implements suitable for taking seals, but forbidden then and there to
be used, it shall be presumed that the vessel in the one case and the
apparatus or implements in the other was or were used in violation of
this act until it is otherwise sufficiently proved.
SEC. 11. That it shall be the duty of the President to cause a
sufficient naval force to cruise in the waters to which this act is
applicable to enforce its provisions; and it shall be the duty of the
commanding officer of any vessel belonging to the naval or revenue
service of the United States, when so instructed by the President, to
seize and arrest all vessels of the United States found by him to be
engaged, used, or employed in the waters last aforesaid in violation
of any of the prohibitions of this act or of any regulations made
thereunder, and to take the same, with all persons on board thereof, to
the most convenient port in any district of the United States mentioned
in this act, there to be dealt with according to law.
SEC. 12. That any vessel or citizen of the United States or person
described in the first section of this act offending against the
prohibitions of this act or the regulations thereunder may be seized and
detained by the naval or other duly commissioned officers of Her Majesty
the Queen of Great Britain, but when so seized and detained they shall
be delivered as soon as practicable, with any witnesses and proofs on
board, to any naval or revenue officer or other authorities of the
United States, whose courts alone shall have jurisdiction to try the
offense and impose the penalties for the came: _Provided, however_,
That British officers shall arrest and detain vessels and persons as in
this section specified only after, by appropriate legislation, Great
Britain shall have authorized officers of the United States duly
commissioned and instructed by the President to that end to arrest,
detain, and deliver to the authorities of Great Britain vessels and
subjects of that Government offending against any statutes or
regulations of Great Britain enacted or made to enforce the award of
the treaty mentioned in the title of this act.
Now, therefore, be it known that I, Grover Cleveland, President of the
United States of America, have caused the said act specially to be
proclaimed, to the end that its provisions may be known and observed;
and I hereby proclaim that every person guilty of a violation of the
provisions of said act will be arrested and punished as therein
provided, and all vessels so employed, their tackle, apparel, furniture,
and cargo, will be seized and forfeited.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 9th day of April, A.D. 1894, and of
the Independence of the United States the one hundred and eighteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory proof has been given to me that no light-house and
light dues, tonnage dues, beacon and buoy dues, or other equivalent
taxes of any kind are imposed upon vessels of the United States in the
ports of the island of Grenada, one of the British West India Islands:
Now, therefore, I, Grover Cleveland, President of the United States of
America, by virtue of the authority vested in me by section 11 of the
act of Congress entitled "An act to abolish certain fees for official
services to American vessels and to amend the laws relating to shipping
commissioners, seamen, and owners of vessels, and for other purposes,"
approved June 19, 1886, and in virtue of the further act amendatory
thereof, entitled "An act to amend the laws relating to navigation,
and for other purposes," approved April 4, 1888, do hereby declare and
proclaim that from and after the date of this my proclamation shall
be suspended the collection of the whole of the tonnage duty which
is imposed by said section 11 of the act approved June 19, 1886, upon
vessels entered in the ports of the United States from any of the ports
of the island of Grenada.
_Provided_, That there shall be excluded from the benefits of the
suspension hereby declared and proclaimed the vessels of any foreign
country in whose ports the fees or dues of any kind or nature imposed on
vessels of the United States or the import or export duties on their
cargoes are in excess of the fees, dues, or duties imposed on the
vessels of such country or on the cargoes of such vessels; but this
proviso shall not be held to be inconsistent with the special regulation
by foreign countries of duties and other charges on their own vessels
and the cargoes thereof engaged in their coasting trade, or with the
existence between such countries and other states of reciprocal
stipulations founded on special conditions and equivalents, and thus not
within the treatment of American vessels under the most-favored-nation
clause in treaties between the United States and such countries.
And the suspension hereby declared and proclaimed shall continue so long
as the reciprocal exemption of vessels belonging to citizens of the
United States and their cargoes shall be continued in the said ports of
the island of Grenada, and no longer.
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 2d day of May, A.D. 1894, and of
the Independence of the United States the one hundred and eighteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, by reason of unlawful obstructions, combinations, and
assemblages of persons, it has become impracticable, in the judgment of
the President, to enforce by the ordinary course of judicial proceedings
the laws of the United States within the State of Illinois, and
especially in the city of Chicago within said State; and
Whereas, for the purpose of enforcing the faithful execution of
the laws of the United States and protecting its property and removing
obstructions to the United States mails in the State and city aforesaid,
the President has employed a part of the military forces of the United
States:
Now, therefore, I, Grover Cleveland, President of the United States, do
hereby admonish all good citizens and all persons who may be or may come
within the city and State aforesaid against aiding, countenancing,
encouraging, or taking any part in such unlawful obstructions,
combinations, and assemblages; and I hereby warn all persons engaged in
or in any way connected with such unlawful obstructions, combinations,
and assemblages to disperse and retire peaceably to their respective
abodes on or before 12 o'clock noon on the 9th day of July instant.
Those who disregard this warning and persist in taking part with a
riotous mob in forcibly resisting and obstructing the execution of
the laws of the United States or interfering with the functions of the
Government or destroying or attempting to destroy the property belonging
to the United States or under its protection can not be regarded
otherwise than as public enemies.
Troops employed against such a riotous mob will act with all the
moderation and forbearance consistent with the accomplishment of the
desired end, but the stern necessities that confront them will not with
certainty permit discrimination between guilty participants and those
who are mingled with them from curiosity and without criminal intent.
The only safe course, therefore, for those not actually unlawfully
participating is to abide at their homes, or at least not to be found
in the neighborhood of riotous assemblages.
While there will be no hesitation or vacillation in the decisive
treatment of the guilty, this warning is especially intended to protect
and save the innocent.
[SEAL.]
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be hereto affixed.
Done at the city of Washington, this 8th day of July, A.D. 1894, and of
the Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, by reason of unlawful obstructions, combinations, and
assemblages of persons, it has become impracticable, in the judgment of
the President, to enforce by the ordinary course of judicial proceedings
the laws of the United States at certain points and places within the
States of North Dakota, Montana, Idaho, Washington, Wyoming, Colorado,
and California and the Territories of Utah and New Mexico, and
especially along the lines of such railways traversing said States and
Territories as are military roads and post routes and are engaged in
interstate commerce and in carrying United States mails; and
Whereas, for the purpose of enforcing the faithful execution of the laws
of the United States and protecting property belonging to the United
States or under its protection, and of preventing obstructions of the
United States mails and of commerce between the States and Territories,
and of securing to the United States the right guaranteed by law to the
use of such roads for postal, military, naval, and other Government
service, the President has employed a part of the military forces of the
United States:
Now, therefore, I, Grover Cleveland, President of the United States, do
hereby command all persons engaged in or in any way connected with such
unlawful obstructions, combinations, and assemblages to disperse and
retire peaceably to their respective abodes on or before 3 o'clock in
the afternoon on the 10th day of July instant.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be hereto affixed.
[SEAL.]
Done at the city of Washington, this 9th day of July, A.D. 1894, and of
the Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas an act of Congress entitled "An act to adopt regulations for
preventing collisions at sea" was approved August 19, 1890, the said act
being in the following words:
_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That the following
regulations for preventing collisions at sea shall be followed by all
public and private vessels of the United States upon the high seas and
in all waters connected therewith navigable by seagoing vessels:
PRELIMINARY.
In the following rules every steam vessel which is under sail and not
under steam is to be considered a sailing vessel, and every vessel under
steam, whether under sail or not, is to be considered a steam vessel.
The words "steam vessel" shall include any vessel propelled by
machinery.
A vessel is "under way" within the meaning of these rules when she is
not at anchor or made fast to the shore or aground.
RULES CONCERNING LIGHTS, ETC.
The word "visible" in these rules when applied to lights shall mean
visible on a dark night with a clear atmosphere.
ARTICLE 1. The rules concerning lights shall be complied with in all
weathers from sunset to sunrise, and during such time no other lights
which may be mistaken for the prescribed lights shall be exhibited.
ART. 2. A steam vessel when under way shall carry--
(_a_) On or in front of the foremast, or if a vessel without a
foremast, then in the fore part of the vessel, at a height above the
hull of not less than 20 feet, and if the breadth of the vessel exceeds
20 feet, then at a height above the hull not less than such breadth, so,
however, that the light need not be carried at a greater height above
the hull than 40 feet a bright white light so constructed as to show
an unbroken light over an arc of the horizon of 20 points of the
compass, so fixed as to throw the light 10 points on each side of the
vessel--namely, from right ahead to 2 points abaft the beam on either
side--and of such a character as to be visible at a distance of at least
5 miles.
(_b_) On the starboard side a green light so constructed as to show
an unbroken light over an arc of the horizon of 10 points of the
compass, so fixed as to throw the light from right ahead to 2 points
abaft the beam on the starboard side, and of such a character as to be
visible at a distance of at least 2 miles.
(_c_) On the port side a red light so constructed as to show an
unbroken light over an arc of the horizon of 10 points of the compass,
so fixed as to throw the light from right ahead to 2 points abaft the
beam on the port side, and of such a character as to be visible at a
distance of at least 2 miles.
(_d_) The said green and red side lights shall be fitted with
inboard screens projecting at least 3 feet forward from the light, so as
to prevent these lights from being seen across the bow.
(_e_) A steam vessel when under way may carry an additional white
light similar in construction to the light mentioned in subdivision
(_a_). These two lights shall be so placed in line with the keel
that one shall be at least 15 feet higher than the other and in such a
position with reference to each other that the lower light shall be
forward of the upper one. The vertical distance between these lights
shall be less than the horizontal distance.
ART. 3. A steam vessel when towing another vessel shall, in addition to
her side lights, carry two bright white lights in a vertical line one
over the other, not less than 6 feet apart, and when towing more than
one vessel shall carry an additional bright white light 6 feet above or
below such light if the length of the tow measuring from the stern of
the towing vessel to the stern of the last vessel towed exceeds 600
feet. Bach of these lights shall be of the same construction and
character and shall be carried in the same position as the white light
mentioned in article 2 (_a_), excepting the additional light, which
may be carried at a height of not less than 14 feet above the hull.
Such steam vessel may carry a small white light abaft the funnel or
aftermast for the vessel towed to steer by, but such light shall not be
visible forward of the beam.
ART. 4. (_a_) A vessel which from any accident is not under command
shall carry at the same height as a white light mentioned in article 2
(_a_), where they can best be seen, and if a steam vessel in lieu
of that light, two red lights in a vertical line one over the other, not
less than 6 feet apart, and of such a character as to be visible all
around the horizon at a distance of at least 2 miles; and shall by day
carry in a vertical line one over the other, not less than 6 feet apart,
where they can best be seen, two black balls or shapes each 2 feet in
diameter.
(_b_) A vessel employed in laying or in picking up a telegraph
cable shall carry in the same position as the white light mentioned in
article 2 (_a_), and if a steam vessel in lieu of that light, three
lights in a vertical line one over the other, not less than 6 feet
apart. The highest and lowest of these lights shall be red and the
middle light shall be white, and they shall be of such a character as to
be visible all around the horizon at a distance of at least 2 miles. By
day she shall carry in a vertical line one over the other, not less than
6 feet apart, where they can best be seen, three shapes not less than 2
feet in diameter, of which the highest and lowest shall be globular in
shape and red in color and the middle one diamond in shape and white.
(_c_) The vessels referred to in this article, when not making way
through the water, shall not carry the side lights, but when making way
shall carry them.
(_d_) The lights and shapes required to be shown by this article
are to be taken by other vessels as signals that the vessel showing them
is not under command and can not, therefore, get out of the way.
These signals are not signals of vessels in distress and requiring
assistance. Such signals are contained in article 31.
ART. 5. A sailing vessel under way and any vessel being towed shall
carry the same lights as are prescribed by article 2 for a steam vessel
under way, with the exception of the white lights mentioned therein,
which they shall never carry.
ART. 6. Whenever, as in the case of small vessels under way during bad
weather, the green and red side lights can not be fixed, these lights
shall be kept at hand, lighted and ready for use, and shall on the
approach of or to other vessels be exhibited on their respective sides,
in sufficient time to prevent collision, in such manner as to make them
most visible and so that the green light shall not be seen on the port
side nor the red light on the starboard side, nor, if practicable, more
than 2 points abaft the beam on their respective sides.
To make the use of these portable lights more certain and easy the
lanterns containing them shall each be painted outside with the color of
the light they respectively contain and shall be provided with proper
screens.
ART. 7. Steam vessels of less than 40 and vessels under oars or sails of
less than 20 tons gross tonnage, respectively, when under way shall not
be obliged to carry the lights mentioned in article 2 (_a_),
(_b_), and (_c_), but if they do not carry them they shall be
provided with the following lights:
First. Steam vessels of less than 40 tons shall carry--
(_a_) In the fore part of the vessel or on or in front of the
funnel, where it can best be seen, and at a height above the gunwale of
not less than 9 feet, a bright white light constructed and fixed as
prescribed in article 2 (_a_) and of such a character as to be
visible at a distance of at least 2 miles.
(_b_) Green and red side lights constructed and fixed as prescribed
in article 2 (_b_) and (_c_) and of such a character as to be
visible at a distance of at least 1 mile, or a combined lantern showing
a green light and a red light from right ahead to 2 points abaft the
beam on their respective sides. Such lanterns shall be carried not less
than 3 feet below the white light.
Second. Small steamboats, such as are carried by seagoing vessels, may
carry the white light at a less height than 9 feet above the gunwale,
but it shall be carried above the combined lantern mentioned in
subdivision 1 (_b_).
Third. Vessels under oars or sails of less than 20 tons shall have ready
at hand a lantern with a green glass on one side and a red glass on the
other, which on the approach of or to other vessels shall be exhibited,
in sufficient time to prevent collision, so that the green light shall
not be seen on the port side nor the red light on the starboard side.
The vessels referred to in this article shall not be obliged to carry
the lights prescribed by article 4 (_a_) and article 11, last
paragraph.
ART. 8. Pilot vessels when engaged on their station on pilotage duty
shall not show the lights required for other vessels, but shall carry a
white light at the masthead, visible all around the horizon, and shall
also exhibit a flare-up light or flare-up lights at short intervals,
which shall never exceed fifteen minutes.
On the near approach of or to other vessels they shall have their side
lights lighted, ready for use, and shall flash or show them at short
intervals to indicate the direction in which they are heading; but the
green light shall not be shown on the port side nor the red light on the
starboard side.
A pilot vessel of such a class as to be obliged to go alongside of a
vessel to put a pilot on board may show the white light instead of
carrying it at the masthead, and may, instead of the colored lights
above mentioned, have at hand, ready for use, a lantern with a green
glass on the one side and a red glass on the other, to be used as
prescribed above.
Pilot vessels when not engaged on their station on pilotage duty shall
carry lights similar to those of other vessels of their tonnage.
ART. 9. Fishing vessels and fishing boats when under way and when not
required by this article to carry or show the lights therein named shall
carry or show the lights prescribed for vessels of their tonnage under
way.
(_a_) Vessels and boats when fishing with drift nets shall exhibit
two white lights from any part of the vessel where they can best be
seen. Such lights shall be placed so that the vertical distance between
them shall be not less than 6 feet and not more than 10 feet, and so
that the horizontal distance between them measured in a line with the
keel shall be not less than 5 feet and not more than 10 feet. The lower
of these two lights shall be the more forward, and both of them shall be
of such a character as to show all around the horizon and to be visible
at a distance of not less than 3 miles.
(_b_) Vessels when engaged in trawling, by which is meant the
dragging of an apparatus along the bottom of the sea--
First. If steam vessels, shall carry in the same position as the white
light mentioned in article 2 (_a_) a tricolored lantern so
constructed and fixed as to show a white light from right ahead to 2
points on each bow and a green light and a red light over an arc of the
horizon from 2 points on either bow to 2 points abaft the beam on the
starboard and port sides, respectively, and not less than 6 nor more
than 12 feet below the tricolored lantern, a white light in a lantern so
constructed as to show a clear, uniform, and unbroken light all around
the horizon.
Second. If sailing vessels of 7 tons gross tonnage and upward, shall
carry a white light in a lantern so constructed as to show a clear,
uniform, and unbroken light all around the horizon, and shall also be
provided with a sufficient supply of red pyrotechnic lights, which shall
each burn for at least 30 seconds, and shall be shown on the approach of
or to other vessels in sufficient time to prevent collision.
In the Mediterranean Sea the vessels referred to in subdivision
(_b_) 2 may use a flare-up light in lieu of a pyrotechnic light.
All lights mentioned in subdivision (_b_) 1 and 2 shall be visible
at a distance of at least 2 miles.
Third. If sailing vessels of less than 7 tons gross tonnage, shall not
be obliged to carry the white light mentioned in subdivision (_b_)
2 of this article, but if they do not carry such light they shall have
at hand, ready for use, a lantern showing a bright white light, which
shall on the approach of or to other vessels be exhibited where it can
best be seen, in sufficient time to prevent collision; and they shall
also show a red pyrotechnic light, as prescribed in subdivision
(_b_) 2, or in lieu thereof a flare-up light.
(_c_) Vessels and boats when line fishing with their lines out and
attached to their lines, and when not at anchor or stationary, shall
carry the same lights as vessels fishing with drift nets.
(_d_) Fishing vessels and fishing boats may at any time use a
flare-up light in addition to the lights which they are by this article
required to carry and show. All flare-up lights exhibited by a vessel
when trawling or fishing with any kind of dragnet shall be shown at the
after part of the vessel, excepting that if the vessel is hanging by the
stern to her fishing gear they shall be exhibited from the bow.
(_e_) Every fishing vessel and every boat when at anchor shall
exhibit a white light visible all around the horizon at a distance of at
least 1 mile.
(_f_) If a vessel or boat when fishing becomes stationary in
consequence of her gear getting fast to a rock or other obstruction, she
shall show the light and make the fog signal prescribed for a vessel at
anchor, respectively. (See article 15 (_d_), (_e_), and last
paragraph.)
(_g_) In fog, mist, falling snow, or heavy rain storms drift-net
vessels attached to their nets, and vessels when trawling, dredging, or
fishing with any kind of dragnet, and vessels line fishing with their
lines out shall, if of 20 tons gross tonnage or upward, respectively, at
intervals of not more than one minute make a blast--if steam vessels,
with the whistle or siren, and if sailing vessels, with the fog
horn--each blast to be followed by ringing the bell.
(_h_) Sailing vessels or boats fishing with nets or lines or trawls
when under way shall in daytime indicate their occupation to an
approaching vessel by displaying a basket or other efficient signal
where it can best be seen.
The vessels referred to in this article shall not be obliged to carry
the lights prescribed by article 4 (_a_) and article 11, last
paragraph.
ART. 10. A vessel which is being overtaken by another shall show from
her stern to such last-mentioned vessel a white light or a flare-up
light.
The white light required to be shown by this article may be fixed
and carried in a lantern, but in such case the lantern shall be so
constructed, fitted, and screened that it shall throw an unbroken light
over an arc of the horizon of 12 points of the compass--namely, for 6
points from right aft on each side of the vessel--so as to be visible at
a distance of at least 1 mile. Such light shall be carried as nearly as
practicable on the same level as the side lights.
ART. 11. A vessel under 150 feet in length when at anchor shall carry
forward, where it can best be seen, but at a height not exceeding 20
feet above the hull, a white light in a lantern so constructed as to
show a clear, uniform, and unbroken light visible all around the horizon
at a distance of at least 1 mile.
A vessel of 150 feet or upward in length when at anchor shall carry in
the forward part of the vessel, at a height of not less than 20 and not
exceeding 40 feet above the hull, one such light, and at or near the
stern of the vessel, and at such a height that it shall be not less than
15 feet lower than the forward light, another such light.
The length of a vessel shall be deemed to be the length appearing in her
certificate of registry.
A vessel aground in or near a fairway shall carry the above light or
lights and the two red lights prescribed by article 4 (_a_).
ART. 12. Every vessel may, if necessary in order to attract attention,
in addition to the lights which she is by these rules required to carry,
show a flare-up light or use any detonating signal that can not be
mistaken for a distress signal.
ART. 13. Nothing in these rules shall interfere with the operation of
any special rules made by the government of any nation with respect to
additional station and signal lights for two or more ships of war or for
vessels sailing under convoy, or with the exhibition of recognition
signals adopted by shipowners which have been authorized by their
respective governments and duly registered and published.
ART. 14. A steam vessel proceeding under sail only, but having her
funnel up, shall carry in daytime forward, where it can best be seen,
one black ball or shape 2 feet in diameter.
SOUND SIGNALS FOR FOG, ETC.
ART. 15. All signals prescribed by this article for vessels under way
shall be given--
1. By "steam vessels," on the whistle or siren.
2. By "sailing vessels" and "vessels towed," on the fog horn.
The words "prolonged blast" used in this article shall mean a blast of
from four to six seconds' duration.
A steam vessel shall be provided with an efficient whistle or siren,
sounded by steam or by some substitute for steam, so placed that the
sound may not be intercepted by any obstruction, and with an efficient
fog horn, to be sounded by mechanical means, and also with an efficient
bell. (In all cases where the rules require a bell to be used a drum may
be substituted on board Turkish vessels or a gong where such articles
are used on board small seagoing vessels.) A sailing vessel of 20 tons
gross tonnage or upward shall be provided with a similar fog horn and
bell.
In fog, mist, falling snow, or heavy rain storms, whether by day or
night, the signals described in this article shall be used as follows,
viz:
(_a_) A steam vessel having way upon her shall sound at intervals
of not more than two minutes a prolonged blast.
(_b_) A steam vessel under way, but stopped and having no way upon
her, shall sound at intervals of not more than two minutes two prolonged
blasts with an interval of about one second between them.
(_c_) A sailing vessel under way shall sound at intervals of not
more than one minute, when on the starboard tack one blast, when on the
port tack two blasts in succession, and when with the wind abaft the
beam three blasts in succession.
(_d_) A vessel when at anchor shall at intervals of not more than
one minute ring the bell rapidly for about five seconds.
(_e_) A vessel at anchor at sea, when not in ordinary anchorage
ground and when in such a position as to be an obstruction to vessels
under way, shall sound, if a steam vessel, at intervals of not more than
two minutes, two prolonged blasts with her whistle or siren, followed by
ringing her bell; or, if a sailing vessel, at intervals of not more than
one minute two blasts with her fog horn, followed by ringing her bell.
(_f_) A vessel when towing shall, instead of the signals prescribed
in subdivisions (_a_) and (_c_) of this article, at intervals
of not more than two minutes sound three blasts in succession, namely,
one prolonged blast followed by two short blasts. A vessel towed may
give this signal, and she shall not give any other.
(_g_) A steam vessel wishing to indicate to another "The way is off
my vessel; you may feel your way past me" may sound three blasts in
succession, namely, short, long, short, with intervals of about one
second between them.
(_h_) A vessel employed in laying or picking up a telegraph cable
shall on hearing the fog signal of an approaching vessel sound in answer
three prolonged blasts in succession.
(_i_) A vessel under way which is unable to get out of the way of
an approaching vessel through being not under command or unable to
maneuver as required by these rules shall on hearing the fog signal of
an approaching vessel sound in answer four short blasts in succession.
Sailing vessels and boats of less than 20 tons gross tonnage shall not
be obliged to give the above-mentioned signals, but if they do not they
shall make some other efficient sound signal at intervals of not more
than one minute.
SPEED OF SHIPS TO BE MODERATE IN FOG, ETC.
ART. 16. Every vessel shall in a fog, mist, falling snow, or heavy rain
storm go at a moderate speed, having careful regard to the existing
circumstances and conditions.
A steam vessel hearing, apparently forward of her beam, the fog signal
of a vessel the position of which is not ascertained shall, so far as
the circumstances of the case admit, stop her engines, and then navigate
with caution until danger of collision is over.
STEERING AND SAILING RULES.
PRELIMINARY.--RISK OF COLLISION.
Risk of collision can, when circumstances permit, be ascertained by
carefully watching the compass bearing of an approaching vessel. If the
bearing does not appreciably change, such risk should be deemed to
exist.
ART. 17. When two sailing vessels are approaching one another so as to
involve risk of collision, one of them shall keep out of the way of the
other as follows, namely:
(_a_) A vessel which is running free shall keep out of the way of a
vessel which is closehauled.
(_b_) A vessel which is closehauled on the port tack shall keep out
of the way of a vessel which is closehauled on the starboard tack.
(_c_) When both are running free with the wind on different sides,
the vessel which has the wind on the port side shall keep out of the way
of the other.
(_d_) When both are running free with the wind on the same side,
the vessel which is to the windward shall keep out of the way of the
vessel which is to leeward.
(_e_) A vessel which has the wind aft shall keep out of the way of
the other vessel.
ART. 18. When two steam vessels are meeting end on or nearly end on, so
as to involve risk of collision, each shall alter her course to
starboard, so that each may pass on the port side of the other.
This article only applies to cases where vessels are meeting end on or
nearly end on in such a manner as to involve risk of collision, and does
not apply to two vessels which must if both keep on their respective
courses pass clear of each other.
The only cases to which it does apply are when each of the two vessels
is end on or nearly end on to the other; in other words, to cases in
which by day each vessel sees the masts of the other in a line or nearly
in a line with her own, and by night to cases in which each vessel is in
such a position as to see both the side lights of the other.
It does not apply by day to cases in which a vessel sees another ahead
crossing her own course, or by night to cases where the red light of one
vessel is opposed to the red light of the other, or where the green
light of one vessel is opposed to the green light of the other, or where
a red light without a green light or a green light without a red light
is seen ahead, or where both green and red lights are seen anywhere but
ahead.
ART. 19. When two steam vessels are crossing, so as to involve risk of
collision, the vessel which has the other on her own starboard side
shall keep out of the way of the other.
ART. 20. When a steam vessel and a sailing vessel are proceeding in such
directions as to involve risk of collision, the steam vessel shall keep
out of the way of the sailing vessel.
ART. 21. Where by any of these rules one of two vessels is to keep out
of the way, the other shall keep her course and speed.
ART. 22. Every vessel which is directed by these rules to keep out of
the way of another vessel shall, if the circumstances of the case admit,
avoid crossing ahead of the other.
ART. 23. Every steam vessel which is directed by these rules to keep out
of the way of another vessel shall on approaching her, if necessary,
slacken her speed or stop or reverse.
ART. 24. Notwithstanding anything contained in these rules every vessel
overtaking any other shall keep out of the way of the overtaken vessel.
Every vessel coming up with another vessel from any direction more than
2 points abaft her beam--that is, in such a position with reference to
the vessel which she is overtaking, that at night she would be unable to
see either of that vessel's side lights--shall be deemed to be an
overtaking vessel, and no subsequent alteration of the bearing between
the two vessels shall make the overtaking vessel a crossing vessel
within the meaning of these rules or relieve her of the duty of keeping
clear of the overtaken vessel until she is finally past and clear.
As by day the overtaking vessel can not always know with certainty
whether she is forward of or abaft this direction from the other vessel,
she should if in doubt assume that she is an overtaking vessel and keep
out of the way.
ART. 25. In narrow channels every steam vessel shall, when it is safe
and practicable, keep to that side of the fairway or mid-channel which
lies on the starboard side of such vessel.
ART. 26. Sailing vessels under way shall keep out of the way of sailing
vessels or boats fishing with nets or lines or trawls. This rule shall
not give to any vessel or boat engaged in fishing the right of
obstructing a fairway used by vessels other than fishing vessels or
boats.
ART. 27. In obeying and construing these rules due regard shall be had
to all dangers of navigation and collision and to any special
circumstances which may render a departure from the above rules
necessary in order to avoid immediate danger.
SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER.
ART. 28. The words "short blast" used in this article shall mean a blast
of about one second's duration.
When vessels are in sight of one another, a steam vessel under way, in
taking any course authorized or required by these rules, shall indicate
that course by the following signals on her whistle or siren, namely:
One short blast to mean, "I am directing my course to starboard."
Two short blasts to mean, "I am directing my course to port."
Three short blasts to mean, "My engines are going at full speed astern."
NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS.
ART. 29. Nothing in these rules shall exonerate any vessel or the owner
or master or crew thereof from the consequences of any neglect to carry
lights or signals, or of any neglect to keep a proper lookout, or of the
neglect of any precaution which may be required by the ordinary practice
of seamen or by the special circumstances of the case.
RESERVATION OF RULES FOR HARBORS AND INLAND NAVIGATION.
ART. 30. Nothing in these rules shall interfere with the operation of a
special rule duly made by local authority relative to the navigation of
any harbor, river, or inland waters.
DISTRESS SIGNALS.
ART. 31. When a vessel is in distress and requires assistance from other
vessels or from the shore, the following shall be the signals to be used
or displayed by her, either together or separately, namely:
In the daytime--
First. A gun fired at intervals of about a minute.
Second. The international code signal of distress, indicated by N.C.
Third. The distance signal, consisting of a square flag, having either
above or below it a ball or anything resembling a ball.
Fourth. Rockets or shells as prescribed below for use at night.
Fifth. A continuous sounding with any fog-signal apparatus.
At night--
First. A gun fired at intervals of about a minute.
Second. Flames on the vessel (as from a burning tar barrel, oil barrel,
etc.).
Third. Rockets or shells bursting in the air with a loud report and
throwing stars of any color or description, fired one at a time at short
intervals.
Fourth. A continuous sounding with any fog-signal apparatus.
SEC. 2. That all laws or parts of laws inconsistent with the foregoing
regulations for preventing collisions at sea for the navigation of all
public and private vessels of the United States upon the high seas and
in all waters connected therewith navigable by seagoing vessels are
hereby repealed.
SEC. 3. That this act shall take effect at a time to be fixed by the
President by proclamation issued for that purpose.
And whereas an act of Congress entitled "An act to amend an act approved
August 19, 1890, entitled 'An act to adopt regulations for preventing
collisions at sea,'" was approved May 28, 1894, the said act being in
the following words:
_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That article 7 of
the act approved August 19, 1890, entitled "An act to adopt regulations
for preventing collisions at sea," be amended to read as follows:
"ART. 7. Steam vessels of less than 40 and vessels under oars or sails
of less than 20 tons gross tonnage, respectively, and rowing boats, when
under way, shall not be required to carry the lights mentioned in
article 2 (_a_), (_b_), and (_c_), but if they do not
carry them they shall be provided with the following lights:
"First. Steam vessels of less than 40 tons shall carry--
"(_a_) In the fore part of the vessel or on or in front of the
funnel where it can best be seen, and at a height above the gunwale of
not less than 9 feet, a bright white light constructed and fixed as
prescribed in article 2 (_a_) and of such a character as to be
visible at a distance of at least 2 miles.
"(_b_) Green and red side lights constructed and fixed as
prescribed in article 2 (_b_) and (_c_) and of such a
character as to be visible at a distance of at least 1 mile, or a
combined lantern showing a green light and a red light from right ahead
to 2 points abaft the beam on their respective sides. Such lanterns
shall be carried not less than 3 feet below the white light.
"Second. Small steamboats, such as are carried by seagoing vessels, may
carry the white light at a less height than 9 feet above the gunwale,
but it shall be carried above the combined lantern mentioned in
subdivision 1 (_b_).
"Third. Vessels under oars or sails of less than 20 tons shall have
ready at hand a lantern with a green glass on one side and a red glass
on the other, which on the approach of or to other vessels shall be
exhibited, in sufficient time to prevent collision, so that the green
light shall not be seen on the port side nor the red light on the
starboard side.
"Fourth. Rowing boats, whether under oars or sail, shall have ready at
hand a lantern showing a white light, which shall be temporarily
exhibited in sufficient time to prevent collision.
"The vessels referred to in this article shall not be obliged to carry
the lights prescribed by article 4 (a) and article 11, last paragraph."
That article 9 be hereby repealed.
That article 21 be amended to read as follows:
"ART. 21. Where by any of these rules one of two vessels is to keep out
of the way the other shall keep her course and speed.
"NOTE.--When, in consequence of thick weather or other causes, such
vessel finds herself so close that collision can not be avoided by the
action of the giving-way vessel alone, she also shall take such action
as will best aid to avert collision." (See articles 27 and 29.)
That article 31 be amended to read as follows:
"DISTRESS SIGNALS.
"ART. 31. When a vessel is in distress and requires assistance from
other vessels or from the shore the following shall be the signals to
be used or displayed by her, either together or separately, namely:
"In the daytime--
"First. A gun or other explosive signal fired at intervals of about a
minute.
"Second. The international code signal of distress indicated by N.C.
"Third. The distance signal, consisting of a square flag, having either
above or below it a ball or anything resembling a ball.
"Fourth. A continuous sounding with any fog-signal apparatus.
"At night--
"First. A gun or other explosive signal fired at intervals of about a
minute.
"Second. Flames on the vessel (as from a burning tar barrel, oil barrel,
etc.).
"Third. Rockets or shells throwing stars of any color or description,
fired one at a time at short intervals.
"Fourth. A continuous sounding with any fog-signal apparatus."
And whereas it is provided by section 3 of the act approved August 19,
1890, that it shall take effect at a time to be fixed by the President
by proclamation issued for that purpose:
Now, therefore, I, Grover Cleveland, President of the United States of
America, do hereby, in virtue of the authority vested in me by section 3
of the act aforesaid, proclaim the 1st day of March, 1895, as the day on
which the said act approved August 19, 1890, as amended by the act
approved May 28, 1894, shall take effect.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States of America to be affixed.
[SEAL.]
Done at the city of Washington, this 13th day of July, 1894, and of the
Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas Congress by a statute approved March 22, 1882, and by statutes
in furtherance and amendment thereof defined the crimes of bigamy,
polygamy, and unlawful cohabitation in the Territories and other places
within the exclusive jurisdiction of the United States and prescribed a
penalty for such crimes; and
Whereas on or about the 6th day of October, 1890, the Church of the
Latter-day Saints, commonly known as the Mormon Church, through its
president issued a manifesto proclaiming the purpose of said church no
longer to sanction the practice of polygamous marriages and calling upon
all members and adherents of said church to obey the laws of the United
States in reference to said subject-matter; and
Whereas on the 4th day of January, A.D. 1893,[7] Benjamin Harrison, then
President of the United States, did declare and grant a full pardon and
amnesty to certain offenders under said acts upon condition of future
obedience to their requirements, as is fully set forth in said
proclamation of amnesty and pardon; and
Whereas upon the evidence now furnished me I am satisfied that the
members and adherents of said church generally abstain from plural
marriages and polygamous cohabitation and are now living in obedience to
the laws, and that the time has now arrived when the interests of public
justice and morality will be promoted by the granting of amnesty and
pardon to all such offenders as have complied with the conditions of
said proclamation, including such of said offenders as have been
convicted under the provisions of said act:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the powers in me vested, do hereby declare and grant a full
amnesty and pardon to all persons who have in violation of said acts
committed either of the offenses of polygamy, bigamy, adultery, or
unlawful cohabitation under the color of polygamous or plural marriage,
or who, having been convicted of violations of said acts, are now
suffering deprivation of civil rights in consequence of the same,
excepting all persons who have not complied with the conditions
contained in said executive proclamation of January 4, 1893.
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 25th day of September, A.D. 1894,
and of the Independence of the United States the one hundred and
nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
[Footnote 7: See pp. 368-369.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The American people should gratefully render thanksgiving and praise to
the Supreme Ruler of the Universe, who has watched over them with
kindness and fostering care during the year that has passed; they should
also with humility and faith supplicate the Father of All Mercies for
continued blessings according to their needs, and they should by deeds
of charity seek the favor of the Giver of Every Good and Perfect Gift.
Therefore, I, Grover Cleveland, President of the United States, do
hereby appoint and set apart Thursday, the 29th day of November instant,
as a day of thanksgiving and prayer to be kept and observed by all the
people of the land.
On that day let our ordinary work and business be suspended and let us
meet in our accustomed places of worship and give thanks to Almighty God
for our preservation as a nation, for our immunity from disease and
pestilence, for the harvests that have rewarded our husbandry, for a
renewal of national prosperity, and for every advance in virtue and
intelligence that has marked our growth as a people.
And with our thanksgiving let us pray that these blessings may be
multiplied unto us, that our national conscience may be quickened to a
better recognition of the power and goodness of God, and that in our
national life we may clearer see and closer follow the path of
righteousness.
And in our places of worship and praise, as well as in the happy
reunions of kindred and friends on that day, let us invoke divine
approval by generously remembering the poor and needy. Surely He who has
given us comfort and plenty will look upon our relief of the destitute
and our ministrations of charity as the work of hearts truly grateful
and as proofs of the sincerity of our thanksgiving.
Witness my hand and the seal of the United States, which I have caused
to be hereto affixed.
[SEAL.]
Done at the city of Washington on the 1st day of November, A.D. 1894,
and of the Independence of the United States the one hundred and
nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
A PROCLAMATION.
Whereas by the sixteenth section of the act of Congress approved March
2, 1889 (25 U.S. Statutes at Large, p. 888), the agreements entered into
between the Chicago, Milwaukee and St. Paul Railway Company and the
Sioux Indians for the right of way and occupation of certain lands for
station purposes in that portion of the Sioux Reservation, in the State
of South Dakota, relinquished by said Indians were ratified upon the
condition that said railway company shall within three years after the
said act takes effect construct, complete, and put into operation its
line of road as therein provided for, due location of which was to be
made within nine months after said act took effect; and in case of
failure to so construct said road "the lands granted for right of way,
station grounds, or other railway purposes as in this act provided shall
without any further act or ceremony be declared by proclamation of the
President forfeited, and shall without entry or further action on the
part of the United States revert to the United States and be subject to
entry under the other provisions of this act;" and
Whereas under previous proclamation[8] said act took effect on February
10, 1890, and more than three years have elapsed and no construction has
been reported of the said road beyond the town of Chamberlain, in the
State of South Dakota, as evidenced by the report of the Secretary of
the Interior dated December 3, 1894:
Now, therefore, I, Grover Cleveland, President of the United States, do
declare that the said lands granted for right of way and station
purposes, to wit, that tract of land known as lots 2, 3, and 4 and the
southeast quarter of the southwest quarter of section 10, and lots 1 and
9 in section 15, township 104 north, range 71 west, containing 188
acres, as shown by a plat approved January 24, 1891, being the tract
selected by the Chicago, Milwaukee and St. Paul Railway Company under
the sixteenth section of the act of March 2, 1889 (25 U.S. Statutes at
Large, p. 888), also the 640 acres in said township 104 north, ranges 71
and 72 west, fifth principal meridian, in the State of South Dakota,
plat of which was approved by the Secretary of the Interior January 24,
1889, and now on file in the General Land Office, are forfeited to the
United States and will be subject to entry under the homestead laws as
provided by said act of March 2, 1889, whenever the Secretary of the
Interior shall give due notice to the local officers of this declaration
of forfeiture.
Given under my hand, at the city of Washington, this 5th day of
December, A.D. 1894.
GROVER CLEVELAND, _President of the United States_.
By the President:
S.W. LAMOREUX,
_Commissioner of the General Land Office_.
[Footnote 8: See pp. 94-97.]
EXECUTIVE ORDERS.
CIVIL SERVICE.--REVOCATION OF PROMOTION REGULATIONS.
DECEMBER 11, 1893.
The promotion regulations applied to the War Department May 7, 1887,
under authority contained in amended Civil-Service Rule VI are hereby
revoked, and hereafter promotions in that Department, until otherwise
provided, will be made in accordance with the provisions of Departmental
Rule IX and the order of the Secretary of War of March 2, 1892, or such
other and further orders as the said Secretary may make not inconsistent
with the civil-service rules and the order of the President of December
4, 1891, directing the keeping of an efficiency record with a view to
the placing of promotions wholly upon the basis of merit.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
GENERAL RULE III.
Amend General Rule III by striking out clause (_e_) of section 2.
DEPARTMENTAL RULE II.
Amend Departmental Rule II by striking out the whole of section 1 and
substituting therefor the following:
1. To test fitness for the classified departmental service there shall
be a clerk-copyist examination and such supplementary and special
examinations as the Commission may provide to meet the special
requirements of the service. The clerk-copyist examination shall not
include more than the following subjects: Orthography, copying,
penmanship, arithmetic (fundamental rules, fractions, percentage,
interest, and discount), elements of bookkeeping and accounts, elements
of the English language, letter writing, elements of the geography,
history, and government of the United States.
DEPARTMENTAL RULE VI.
Amend Departmental Rule VI as follows:
In section 1, line 1, strike out the words "copyist and of the clerk"
and insert in lieu thereof the words "clerk-copyist," and in the same
line strike out the final letter in the word "examinations." In section
4 strike out all after the word "the" where it occurs the second time in
line 6 down to and including the word "separated" in line 8 and insert
in lieu thereof the words "clerk-copyist," and strike out the final
letter of the word "examinations" in line 9. In section 9, line 1,
strike out the words "the copyist and the clerk" and insert in lieu
thereof the word "all," and strike out all after the word "register" in
line 3 to the end of the section.
DEPARTMENTAL RULE VII.
Amend Departmental Rule VII as follows:
In section 1, after the word "clerk" in line 3, insert a hyphen and the
word "copyist." In section 3, after the word "the" where it occurs the
second time in line 1, strike out the words "copyist or the clerk" and
insert in lieu thereof the words "clerk-copyist." Strike out all of
section 4 and change the numbering of the sections following as
required.
DEPARTMENTAL RULE IX.
Amend Departmental Rule IX as follows:
In section 2, after the word "clerk" in line 1, insert a hyphen and the
word "copyist." In section 3, after the word "clerk" in line 1, insert
a hyphen and the word "copyist." Strike out the period at the end of
section 5 and insert in lieu thereof a comma, and add to the section
the following:
But the provisions of clause I of this rule shall cease to be operative
when, by reason of the consolidation of the clerk and copyist
examinations, there shall no longer be any persons in the departmental
service to whom they apply.
DEPARTMENTAL RULE IV.
Postal Rule IV is hereby amended by adding thereto the following
section:
4. In case of the sudden occurrence of a vacancy in a position within
the classified service of any post-office which the public interest
requires shall be immediately filled, and which can not be so filled by
certification from the eligible registers, such vacancy may be filled by
temporary appointment until a regular appointment can be made under the
provisions of sections 1 and 2 of this rule: _Provided_, Such
temporary appointment shall in no case continue longer than ninety days:
_And provided further_, That no person shall serve more than ninety
days in any one year under such temporary appointment. Every such
temporary appointment and also the discontinuance of the same shall at
once be reported to the Commission.
Approved, January 5, 1894.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Departmental Rule VII is hereby amended by adding thereto the following
section:
9. In case of the sudden occurrence of a vacancy in the position of
observer in the Weather Bureau of the Department of Agriculture which
the public interest requires shall be immediately filled, and which can
not be so filled by certification from the eligible registers of the
Commission, the Secretary of Agriculture may fill such vacancy by
temporary appointment until a regular appointment can be made under the
provisions of sections 1, 2, and 3 of this rule: _Provided_, Such
temporary appointment shall in no case continue longer than ninety days.
Every such temporary appointment and the discontinuance of the same
shall at once be reported to the Commission.
Approved, January 5, 1894.
GROVER CLEVELAND.
CIVIL SERVICE.--EXECUTIVE ORDER WITHDRAWING FISH CULTURISTS FROM THE
LIST OF PLACES TO BE FILLED BY NONCOMPETITIVE EXAMINATION.
EXECUTIVE MANSION, _January 20, 1894_.
So much of Executive orders heretofore issued under General Rule III,
section 2, clause (d), as provides for the appointment of fish
culturists upon noncompetitive examination is hereby revoked, and
hereafter fish culturists will be appointed upon competitive
examination.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
SPECIAL INDIAN RULE NO. 1.
EXECUTIVE MANSION, _March 6, 1894_.
Exceptions from examination are hereby made as follows: One
superintendent and the necessary teachers, not exceeding four in number,
for the organization and equipment of a normal school to be established
at Albuquerque, N. Mex., this rule to expire by limitation six months
after the date of its approval.
Approved: GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _March 20, 1894_.
So much of clause 6 of Special Departmental Rule No. 1, providing for
exceptions from examination in the office of the Secretary in the
Department of Agriculture, as excepts "clerk to act as appointment
clerk" is hereby revoked, and that position will hereafter be treated as
subject to competitive examination.
Approved: GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
Section 6 of Special Departmental Rule No. 1 is hereby amended by
striking from the list of excepted places in the Weather Bureau of the
Department of Agriculture enumerated therein the following:
The three professors of meteorology of highest grade.
Said section is further amended by adding thereto the following:
Noncompetitive examinations shall be held, on such dates and at such
places as the Commission may from time to time determine, to test the
competency of inspectors and assistant inspectors in the Bureau of
Animal Industry in the Department of Agriculture employed elsewhere
than at Washington, who were so employed on the date inspectors and
assistant inspectors were included in the classified service and have
been continued in the service of the Department until opportunity has
been provided for their noncompetitive examination. The results of
such examination shall be reported by the Commission to the Secretary
of Agriculture.
Approved, May 1, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _May 11, 1894_.
SPECIAL DEPARTMENTAL RULE NO. I.
Special Departmental Rule No. I is hereby amended by adding to the
exceptions from examination therein made in the Department of the
Treasury the following:
In the office of the Second Auditor: One skilled laborer with duties
exclusively of a carpenter and cabinetmaker.
In the Bureau of Engraving and Printing: Custodian of proving presses
and modeler.
SPECIAL CUSTOMS RULE NO. I.
Special Customs Rule No. I, authorizing certain exceptions from
examination in the classified customs service, is hereby amended by
adding to the statement of places therein excepted the following:
In the customs district of Vermont: One deputy collector and inspector,
to be stationed at Halifax during the winter and at Quebec during the
time the St. Lawrence River is open to navigation.
RAILWAY MAIL RULE IV.
Railway Mail Rule IV, section 2, clause (b), of the civil-service rules
is hereby amended by striking out all after the word "averages" in line
3 to and including the word "territory" in line 10, and the word
"further" in line 10; so that as amended the clause will read:
The Commission shall certify from the register of the State or Territory
in which the vacancy exists the names of the three eligibles thereon
having the highest averages: _Provided_, That if upon the register
of the State or Territory in which the vacancy exists there are the
names of eligibles having a claim of preference under section 1754,
Revised Statutes, the names of such eligibles shall be certified before
the names of other eligibles of higher grade: _Provided further_,
That on a line on which the service does not require the full time of a
clerk, and one can be employed jointly with the railroad company, the
appointment may be made without examination and certification, with the
consent of the Commission, upon a statement of the facts by the general
superintendent; but no clerk so appointed shall be eligible for transfer
or appointment to any other place in the service.
Section 6 of said rule is hereby amended by adding after the word
"substitutes" in line 6 the words "resident in the counties which are
supplied wholly or in part by the road on which the vacancy exists;" so
that as amended the section will read:
6. There may be certified and appointed in each State and Territory, in
the manner provided for in this rule, such number of substitute clerks,
not exceeding the ratio of one substitute to ten regular clerks, in
such State or Territory as the Postmaster-General may authorize, and
any vacancies occurring in class I in any State or Territory in which
substitutes have been appointed shall be filled by the appointment
thereto of those substitutes resident in the counties which are
supplied wholly or in part by the road on which the vacancy exists,
in the order of their appointment as substitutes, without further
certification. The time during which any substitute is actually
employed in the service shall be counted as part of his probation.
GENERAL RULE III.
Section 2 of General Rule III is hereby amended by adding thereto the
following clause:
(_h_) For the appointment of an Indian as assistant teacher in
the Indian-school service.
INDIAN RULE IV.
Indian Rule IV is hereby amended by adding thereto the following
section:
6. Upon the nomination by the Commissioner of Indian Affairs, through
the Secretary of the Interior, of an Indian for appointment as
assistant teacher, the Commission shall give such Indian noncompetitive
examination under General Rule III, section 2, clause (_h_), upon
passing which at the required grade he shall be certified and appointed
for the probationary period provided for in section 3 of this rule, at
the end of which period he shall be absolutely appointed or discharged
from the service in accordance with the provisions of said section. Any
Indian appointed assistant teacher as herein provided may be, any time
after absolute appointment, appointed teacher upon the certification of
the Commission that he has passed the teacher's examination.
Approved: GROVER CLEVELAND.
CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION OF THE INDIAN SERVICE AS
MADE BY THE SECRETARY OF THE INTERIOR APRIL 13, 1891.
EXECUTIVE MANSION, _May 11, 1894_.
In the exercise of the power vested in the President by the third
paragraph of section 6 of the act entitled "An act to regulate and
improve the civil service of the United States," approved January 16,
1883, I hereby direct the Secretary of the Interior to revise the
classification of the Indian service made by him, by direction of the
President, on the 13th day of April, 1891, and to include in class 3
of said classification assistant teachers.
Approved: GROVER CLEVELAND.
BY THE PRESIDENT OF THE UNITED STATES.
EXECUTIVE ORDER.
EXECUTIVE MANSION, _May 26, 1894_.
_It is hereby ordered_, That the several Executive Departments and
the Government Printing Office be closed on Wednesday, the 30th instant,
to enable the employees to participate in the decoration of the graves
of the soldiers and sailors who fell in defense of the Union during the
War of the Rebellion.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Special Indian Rule No. 1 is hereby amended by adding to the places
excepted from examination therein the following:
Kindergarten teachers, to be employed as such, not exceeding twenty
in number.
Approved, June 21, 1894.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Special Customs Rule No. 1 is hereby amended by adding to the places
excepted from examination therein the following:
In the customs district of Boston, office of the collector: One
superintendent of warehouses.
In the customs district of Philadelphia, office of the collector:
Five chiefs of division.
Approved, June 21, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _July 9, 1894_.
DEPARTMENTAL RULE II.
Departmental Rule II, clause 3 (_f_), is hereby amended by adding
at the end thereof the following words:
Except in the Department of Agriculture the chiefs of the following
divisions: Entomology and economic ornithology and mammalogy.
SPECIAL DEPARTMENTAL RULE NO. I.
Special Departmental Rule No. 1 is hereby amended by dropping from among
the places therein excepted from examination the following:
In the Department of Agriculture, office of the Secretary, the
assistant chiefs of the following divisions: Of entomology and of
economic ornithology and mammalogy.
Approved:
GROVER CLEVELAND.
CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION OF THE DEPARTMENT OF THE
INTERIOR.
EXECUTIVE MANSION, _July 25, 1894_.
In the exercise of the power vested in the President by the third
paragraph of section 6 of the act entitled "An act to regulate and
improve the civil service of the United States," approved January 16,
1883, I hereby direct the Secretary of the Interior to revise the
classification of the Department of the Interior so as to include
therein the chief clerk and the assistant chief clerk at the Indian
warehouse at New York.
Approved:
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Special Departmental Rule No. 1 is hereby amended by adding to the
places therein excepted from examination in the Department of the
Treasury the following:
In the Bureau of Statistics: One expert in mechanical designs and in
diagramming commercial and financial facts.
Approved, November 2, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
DEPARTMENTAL RULE II.
Departmental Rule II, clause 3 (_f_), is hereby amended by adding
at the end thereof the following words: "and of pomology;" so that as
amended the paragraph will read:
(_f_) Chiefs of divisions, except in the Department of Agriculture
the chiefs of the following divisions: Entomology, economic ornithology
and mammalogy, and of pomology.
SPECIAL DEPARTMENTAL RULE NO. I.
Special Departmental Rule No. I is hereby amended by dropping from among
the places therein excepted from examination the following:
In the Department of Agriculture, office of the Secretary: The assistant
chief of the division of pomology.
Approved, November 2, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _November 2, 1894_.
INDIAN RULE IV.
Section 6 of Indian Rule IV is hereby amended by inserting the following
proviso at the end of the first sentence:
_Provided_, That the certificates of graduation of the Indian
graduates of the normal classes at Santa Fe, N. Mex.; Salem, Oreg.;
Haskell Institute, Lawrence, Kans.; Carlisle, Pa., and Hampton, Va.,
may be accepted by the Commission as the basis of certification in
lieu of the examination herein provided.
As amended the section will read:
6. Upon the nomination by the Commissioner of Indian Affairs, through
the Secretary of the Interior, of an Indian for appointment as
assistant teacher, the Commission shall give such Indian noncompetitive
examination, under General Rule III, section 2, clause (_h_), upon
passing which at the required grade he shall be certified and appointed
for the probationary period provided for in section 3 of this rule, at
the end of which period he shall be absolutely appointed or discharged
from the service in accordance with the provisions of said section:
_Provided_, That the certificates of graduation of the Indian
graduates of the normal classes at Santa Fe, N. Mex.; Salem, Oreg.;
Haskell Institute, Lawrence, Kans.; Carlisle, Pa., and Hampton, Va.,
may be accepted by the Commission as the basis of certification in lieu
of the examination herein provided for. Any Indian appointed assistant
teacher as herein provided may at any time after absolute appointment
be appointed teacher upon the certification of the Commission that he
has passed the teacher examination.
SPECIAL INDIAN RULE NO. 1.
Special Indian Rule No. 1 is hereby amended by inserting after the words
"New Mexico" in line 3 the words "also one normal teacher each at the
Salem (Oreg.) school and the Haskell Institute, Lawrence, Kans." As
amended the rule will read:
Exceptions from examination are hereby made as follows: One
superintendent and the necessary teachers, not exceeding four in
number, for the organization and equipment of one normal school to be
established at Santa Fe, N. Mex.; also one normal teacher each at the
Salem (Oreg.) school and the Haskell Institute, Lawrence, Kans.; this
rule to expire by limitation six months after the date of its approval.
Approved:
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
Postal Rule II is hereby amended by striking put all of section 5 and
inserting in lieu thereof the following:
5. Exceptions from examination in the classified postal service are
hereby made as follows:
(_a_) Assistant postmaster or the chief assistant to the
postmaster, by whatever designation known.
(_b_) One secretary to the postmaster, when authorized by law and
allowed by the Post-Office Department.
(_c_) Cashier, when authorized by law and employed under that
roster title.
(_d_) Assistant cashier, when authorized by law and employed under
that roster title.
(_e_) Superintendents of station or branch post-offices at which
letter carriers are employed.
(_f_) Printers and pressmen, when authorized by law and allowed by
the Post-Office Department and employed as such.
6. No person appointed to a place under any exception made by any postal
rule shall be transferred to any other place not also excepted from
examination.
Postal Rule IV is hereby amended by inserting after the word "manner,"
in section 1, line 3, the following:
_Provided_, That superintendents of mail shall be selected from
among the employees of the railway mail service or of the mailing
division of the post-office at which they are respectively to serve.
Postal Rule VIII is hereby amended as follows:
In clause (_a_), line 2, after the word "by," insert the word
"any," and in the same line strike out "II, clause 5."
Approved, November 2, 1894.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _November 2, 1894_.
Departmental Rule VII, clause 1, is hereby amended by inserting at the
end of line 6 the following:
Vacancies in places authorized to be filled by noncompetitive
examination may be filled without examination for a period not exceeding
thirty days, until a regular appointment can be made upon certification
made by the Commission.
Every such appointment and the reasons therefor shall be at once
reported to the Commission.
Approved:
GROVER CLEVELAND.
CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION.
In pursuance of the authority contained in the third paragraph of
section 6 of the act entitled "An act to regulate and improve the civil
service of the United States," approved January 16, 1883, the heads of
the several Executive Departments are hereby directed to amend their
several classifications so as to include among the employees classified
thereunder messengers, assistant messengers, and watchmen.
Approved, November 2, 1894.
GROVER CLEVELAND.
CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION.
In pursuance of the authority contained in the third paragraph of
section 6 of the act entitled "An act to regulate and improve the
civil service of the United States," approved January 16, 1883, the
Postmaster-General is hereby directed to amend the classification of
the Post-Office Department so as to include among the classes covered
thereby clerks to post-office inspectors.
Approved, November 2, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
GENERAL RULE III.
General Rule III is hereby amended by striking out clause (_b_) of
section 2 and relettering the remaining clauses of the section
accordingly.
DEPARTMENTAL RULES.
Departmental Rule II is hereby amended as follows:
In section 4, line 1, strike out the word "hereby," and insert after
the word "made," at the end of the line, the words "by any departmental
rule;" in line 2, after the word "shall," strike out the words "within
one year after appointment;" substitute a period for the semicolon in
line 3 and strike out the remainder of the section. As amended the
section will read:
4. No person appointed to a place under the exceptions to examination
made by any departmental rule shall be transferred from such place to
a place not also excepted from examination.
Departmental Rule XI is hereby amended as follows:
In clause (_a_) line 2, insert the word "any" before the word
"departmental," and strike out in line 3 all after the word "rule."
RAILWAY MAIL RULES.
Railway Mail Rule II is hereby amended as follows:
In section 6, line 2, after the word "shall," strike out the words
"within one year after appointment;" substitute a period for the
semicolon in line 3 and strike out the remainder of the section. As
amended the section will read:
6. No person appointed to a place under any exception to examination
hereby made shall be transferred to another place not also excepted
from examination.
Approved, November 2, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
Customs Rule I is hereby amended as follows:
In section 2, line 2, strike out the word "fifty" and insert in lieu
thereof the word "twenty."
Customs Rule II is hereby amended as follows:
In section 6, line 1, strike out the word "hereby," and after the word
"made," at the end of the line, insert the words "by any customs rule;"
in line 2, after the word "shall," strike out the words "within one year
after appointment;" substitute a period for the semicolon in line 3 and
strike out the remainder of the section. As amended the clause will
read:
No person appointed to a place under any exception to examination made
by any customs rule shall be transferred from such place to another
place not also excepted from examination.
Customs Rule VIII is hereby amended as follows:
In clause (_a_), line 2, after the word "by," insert the word
"any," and in the same line strike out "II, clause 5."
Approved, November 2, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
DEPARTMENTAL RULE VII.
Departmental Rule VII is hereby amended by adding to the first paragraph
of section 1 the following proviso:
_Provided further_, That sea post clerks in the Post-Office
Department shall be appointed by transfer from the classified railway
mail service or the classified postal service, and shall be eligible
at any time for retransfer to the service from which transferred, but
shall not be transferred to any other department or branch of the
service, nor to any other place in the Post-Office Department, without
examination and certification by the Commission.
RAILWAY MAIL RULE II.
Railway Mail Rule II is hereby amended as follows:
In section 5 strike out clauses (_e_) and (_f_).
RAILWAY MAIL RULE IV.
Railway Mail Rule IV is hereby amended as follows:
In the last proviso of clause (_b_) of section 2, in line 2 of
that proviso, after the word "line," insert the words "or at a transfer
station or on a steamboat;" in the same line strike out the words "on
which" and substitute therefor the word "where," and in line 3, after
the word "railroad," insert the words "or steamboat;" so that as amended
the proviso will read:
_Provided further_, That on a line or at a transfer station or on a
steamboat where the service does not require the full time of a clerk,
and one can be employed jointly with the railroad or steamboat company,
the appointment may be made without examination and certification, with
the consent of the Commission, upon a statement of the facts by the
general superintendent; but no clerk so appointed shall be eligible for
transfer or appointment to any other place in the service.
Approved, November 17, 1894.
GROVER CLEVELAND.
SECOND ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 3, 1894_.
_To the Congress of the United States_:
The assemblage within the nation's legislative halls of those charged
with the duty of making laws for the benefit of a generous and free
people impressively suggests the exacting obligation and inexorable
responsibility involved in their task. At the threshold of such labor
now to be undertaken by the Congress of the United States, and in the
discharge of an executive duty enjoined by the Constitution, I submit
this communication, containing a brief statement of the condition of
our national affairs and recommending such legislation as seems to me
necessary and expedient.
The history of our recent dealings with other nations and our peaceful
relations with them at this time additionally demonstrate the advantage
of consistently adhering to a firm but just foreign policy, free from
envious or ambitious national schemes and characterized by entire
honesty and sincerity.
During the past year, pursuant to a law of Congress, commissioners were
appointed to the Antwerp Industrial Exposition. Though the participation
of American exhibitors fell far short of completely illustrating our
national ingenuity and industrial achievements, yet it was quite
creditable in view of the brief time allowed for preparation.
I have endeavored to impress upon the Belgian Government the
needlessness and positive harmfulness of its restrictions upon the
importation of certain of our food products, and have strongly urged
that the rigid supervision and inspection under our laws are amply
sufficient to prevent the exportation from this country of diseased
cattle and unwholesome meat.
The termination of the civil war in Brazil has been followed by the
general prevalence of peace and order. It appearing at an early stage of
the insurrection that its course would call for unusual watchfulness on
the part of this Government, our naval force in the harbor of Rio de
Janeiro was strengthened. This precaution, I am satisfied, tended to
restrict the issue to a simple trial of strength between the Brazilian
Government and the insurgents and to avert complications which at times
seemed imminent. Our firm attitude of neutrality was maintained to the
end. The insurgents received no encouragement of eventual asylum from
our commanders, and such opposition as they encountered was for the
protection of our commerce and was clearly justified by public law.
A serious tension of relations having arisen at the close of the war
between Brazil and Portugal by reason of the escape of the insurgent
admiral Da Gama and his followers, the friendly offices of our
representatives to those countries were exerted for the protection of
the subjects of either within the territory of the other.
Although the Government of Brazil was duly notified that the commercial
arrangement existing between the United States and that country based on
the third section of the tariff act of 1890 was abrogated on August 28,
1894, by the taking effect of the tariff law now in force, that
Government subsequently notified us of its intention to terminate such
arrangement on the 1st day of January, 1895, in the exercise of the
right reserved in the agreement between the two countries. I invite
attention to the correspondence between the Secretary of State and the
Brazilian minister on this subject.
The commission organized under the convention which we had entered
into with Chile for the settlement of the outstanding claims of each
Government against the other adjourned at the end of the period
stipulated for its continuance leaving undetermined a number of American
cases which had been duly presented. These claims are not barred, and
negotiations are in progress for their submission to a new tribunal.
On the 17th of March last a new treaty with China in further regulation
of emigration was signed at Washington, and on August 13 it received the
sanction of the Senate. Ratification on the part of China and formal
exchange are awaited to give effect to this mutually beneficial
convention.
A gratifying recognition of the uniform impartiality of this country
toward all foreign states was manifested by the coincident request of
the Chinese and Japanese Governments that the agents of the United
States should within proper limits afford protection to the subjects of
the other during the suspension of diplomatic relations due to a state
of war. This delicate office was accepted, and a misapprehension which
gave rise to the belief that in affording this kindly unofficial
protection our agents would exercise the same authority which the
withdrawn agents of the belligerents had exercised was promptly
corrected. Although the war between China and Japan endangers no policy
of the United States, it deserves our gravest consideration by reason of
its disturbance of our growing commercial interests in the two countries
and the increased dangers which may result to our citizens domiciled or
sojourning in the interior of China.
Acting under a stipulation in our treaty with Korea (the first concluded
with a western power), I felt constrained at the beginning of the
controversy to tender our good offices to induce an amicable arrangement
of the initial difficulty growing out of the Japanese demands for
administrative reforms in Korea, but the unhappy precipitation of actual
hostilities defeated this kindly purpose.
Deploring the destructive war between the two most powerful of the
eastern nations and anxious that our commercial interests in those
countries may be preserved and that the safety of our citizens there
shall not be jeopardized, I would not hesitate to heed any intimation
that our friendly aid for the honorable termination of hostilities would
be acceptable to both belligerents.
A convention has been finally concluded for the settlement by
arbitration of the prolonged dispute with Ecuador growing out of the
proceedings against Emilio Santos, a naturalized citizen of the United
States.
Our relations with the Republic of France continue to be such as should
exist between nations so long bound together by friendly sympathy and
similarity in their form of government.
The recent cruel assassination of the President of this sister Republic
called forth such universal expressions of sorrow and condolence from
our people and Government as to leave no doubt of the depth and
sincerity of our attachment. The resolutions passed by the Senate and
House of Representatives on the occasion have been communicated to the
widow of President Carnot.
Acting upon the reported discovery of Texas fever in cargoes of American
cattle, the German prohibition against importations of live stock and
fresh meats from this country has been revived. It is hoped that Germany
will soon become convinced that the inhibition is as needless as it is
harmful to mutual interests.
The German Government has protested against that provision of the
customs tariff act which imposes a discriminating duty of one-tenth of
1 cent a pound on sugars coming from countries paying an export bounty
thereon, claiming that the exaction of such duty is in contravention of
Articles V and IX of the treaty of 1828 with Prussia.
In the interests of the commerce of both countries and to avoid even the
accusation of treaty violation, I recommend the repeal of so much of the
statute as imposes that duty, and I invite attention to the accompanying
report of the Secretary of State, containing a discussion of the
questions raised by the German protests.
Early in the present year an agreement was reached with Great Britain
concerning instructions to be given to the naval commanders of the two
Governments in Bering Sea and the contiguous North Pacific Ocean for
their guidance in the execution of the award of the Paris Tribunal of
Arbitration and the enforcement of the regulations therein prescribed
for the protection of seal life in the waters mentioned. An
understanding has also been reached for the payment by the United States
of $425,000 in full satisfaction of all claims which may be made by
Great Britain for damages growing out of the controversy as to fur seals
in Bering Sea or the seizure of British vessels engaged in taking seal
in those waters. The award and findings of the Paris Tribunal to a great
extent determined the facts and principles upon which these claims
should be adjusted, and they have been subjected by both Governments to
a thorough examination upon the principles as well as the facts which
they involve. I am convinced that a settlement upon the terms mentioned
would be an equitable and advantageous one, and I recommend that
provision be made for the prompt payment of the stated sum.
Thus far only France and Portugal have signified their willingness to
adhere to the regulations established under the award of the Paris
Tribunal of Arbitration.
Preliminary surveys of the Alaskan boundary and a preparatory
examination of the question of protection of food fish in the contiguous
waters of the United States and the Dominion of Canada are in progress.
The boundary of British Guiana still remains in dispute between Great
Britain and Venezuela. Believing that its early settlement on some just
basis alike honorable to both parties is in the line of our established
policy to remove from this hemisphere all causes of difference with
powers beyond the sea, I shall renew the efforts heretofore made to
bring about a restoration of diplomatic relations between the disputants
and to induce a reference to arbitration--a resort which Great Britain
so conspicuously favors in principle and respects in practice and which
is earnestly sought by her weaker adversary.
Since communicating the voluminous correspondence in regard to Hawaii
and the action taken by the Senate and House of Representatives on
certain questions submitted to the judgment and wider discretion of
Congress the organization of a government in place of the provisional
arrangement which followed the deposition of the Queen has been
announced, with evidence of its effective operation. The recognition
usual in such cases has been accorded the new Government.
Under our present treaties of extradition with Italy miscarriages
of justice have occurred owing to the refusal of that Government to
surrender its own subjects. Thus far our efforts to negotiate an amended
convention obviating this difficulty have been unavailing.
Apart from the war in which the Island Empire is engaged, Japan attracts
increasing attention in this country by her evident desire to cultivate
more liberal intercourse with us and to seek our kindly aid in
furtherance of her laudable desire for complete autonomy in her domestic
affairs and full equality in the family of nations. The Japanese Empire
of to-day is no longer the Japan of the past, and our relations with
this progressive nation should not be less broad and liberal than those
with other powers.
Good will, fostered by many interests in common, has marked our
relations with our nearest southern neighbor. Peace being restored along
her northern frontier, Mexico has asked the punishment of the late
disturbers of her tranquillity. There ought to be a new treaty of
commerce and navigation with that country to take the place of the one
which terminated thirteen years ago. The friendliness of the intercourse
between the two countries is attested by the fact that during this long
period the commerce of each has steadily increased under the rule of
mutual consideration, being neither stimulated by conventional
arrangements nor retarded by jealous rivalries or selfish distrust.
An indemnity tendered by Mexico as a gracious act for the murder in 1887
of Leon Baldwin, an American citizen, by a band of marauders in Durango
has been accepted and is being paid in installments.
The problem of the storage and use of the waters of the Rio Grande for
irrigation should be solved by appropriate concurrent action of the two
interested countries. Rising in the Colorado heights, the stream flows
intermittently, yielding little water during the dry months to the
irrigation channels already constructed along its course. This scarcity
is often severely felt in the regions where the river forms a common
boundary. Moreover, the frequent changes in its course through level
sands often raise embarrassing questions of territorial jurisdiction.
Prominent among the questions of the year was the Bluefields incident,
in what is known as the Mosquito Indian Strip, bordering on the Atlantic
Ocean and within the jurisdiction of Nicaragua. By the treaty of 1860
between Great Britain and Nicaragua the former Government expressly
recognized the sovereignty of the latter over the strip, and a limited
form of self-government was guaranteed to the Mosquito Indians, to be
exercised according to their customs, for themselves and other dwellers
within its limits. The so-called native government, which grew to be
largely made up of aliens, for many years disputed the sovereignty of
Nicaragua over the strip and claimed the right to maintain therein a
practically independent municipal government. Early in the past year
efforts of Nicaragua to maintain sovereignty over the Mosquito territory
led to serious disturbances, culminating in the suppression of the
native government and the attempted substitution of an impracticable
composite administration in which Nicaragua and alien residents were to
participate. Failure was followed by an insurrection, which for a time
subverted Nicaraguan rule, expelling her officers and restoring the old
organization. This in turn gave place to the existing local government
established and upheld by Nicaragua.
Although the alien interests arrayed against Nicaragua in these
transactions have been largely American and the commerce of that region
for some time has been and still is chiefly controlled by our citizens,
we can not for that reason challenge the rightful sovereignty of
Nicaragua over this important part of her domain.
For some months one, and during part of the time two, of our naval ships
have been stationed at Bluefields for the protection of all legitimate
interests of our citizens. In September last the Government at Managua
expelled from its territory twelve or more foreigners, including two
Americans, for alleged participation in the seditious or revolutionary
movements against the Republic at Bluefields already mentioned; but
through the earnest remonstrance of this Government the two Americans
have been permitted to return to the peaceful management of their
business. Our naval commanders at the scene of these disturbances by
their constant exhibition of firmness and good judgment contributed
largely to the prevention of more serious consequences and to the
restoration of quiet and order. I regret that in the midst of these
occurrences there happened a most grave and irritating failure of
Nicaraguan justice. An American citizen named Wilson, residing at Rama,
in the Mosquito territory, was murdered by one Argüello, the acting
governor of the town. After some delay the murderer was arrested, but so
insecurely confined or guarded that he escaped, and notwithstanding our
repeated demands it is claimed that his recapture has been impossible by
reason of his flight beyond Nicaraguan jurisdiction.
The Nicaraguan authorities, having given notice of forfeiture of their
concession to the canal company on grounds purely technical and not
embraced in the contract, have receded from that position.
Peru, I regret to say, shows symptoms of domestic disturbance, due
probably to the slowness of her recuperation from the distresses of
the war of 1881. Weakened in resources, her difficulties in facing
international obligations invite our kindly sympathy and justify our
forbearance in pressing long-pending claims. I have felt constrained
to testify this sympathy in connection with certain demands urgently
preferred by other powers.
The recent death of the Czar of Russia called forth appropriate
expressions of sorrow and sympathy on the part of our Government with
his bereaved family and the Russian people. As a further demonstration
of respect and friendship our minister at St. Petersburg was directed to
represent our Government at the funeral ceremonies.
The sealing interests of Russia in Bering Sea are second only to our
own. A _modus vivendi_ has therefore been concluded with the
Imperial Government restrictive of poaching on the Russian rookeries and
of sealing in waters which were not comprehended in the protected area
defined in the Paris award.
Occasion has been found to urge upon the Russian Government equality of
treatment for our great life-insurance companies whose operations have
been extended throughout Europe. Admitting as we do foreign corporations
to transact business in the United States, we naturally expect no less
tolerance for our own in the ample fields of competition abroad.
But few cases of interference with naturalized citizens returning to
Russia have been reported during the current year. One Krzeminski was
arrested last summer in a Polish province on a reported charge of
unpermitted renunciation of Russian allegiance, but it transpired
that the proceedings originated in alleged malfeasance committed by
Krzeminski while an imperial official a number of years ago. Efforts for
his release, which promised to be successful, were in progress when his
death was reported.
The Government of Salvador having been overthrown by an abrupt popular
outbreak, certain of its military and civil officers, while hotly
pursued by infuriated insurgents, sought refuge on board the United
States war ship _Bennington_, then lying in a Salvadorean port.
Although the practice of asylum is not favored by this Government, yet
in view of the imminent peril which threatened the fugitives and solely
from considerations of humanity they were afforded shelter by our naval
commander, and when afterwards demanded under our treaty of extradition
with Salvador for trial on charges of murder, arson, and robbery I
directed that such of them as had not voluntarily left the ship be
conveyed to one of our nearest ports where a hearing could be had before
a judicial officer, in compliance with the terms of the treaty. On their
arrival at San Francisco such a proceeding was promptly instituted
before the United States district judge, who held that the acts
constituting the alleged offenses were political and discharged all the
accused except one Cienfuegos, who was held for an attempt to murder.
Thereupon I was constrained to direct his release for the reason that an
attempt to murder was not one of the crimes charged against him and upon
which his surrender to the Salvadorean authorities had been demanded.
Unreasonable and unjust fines imposed by Spain on the vessels and
commerce of the United States have demanded from time to time during the
last twenty years earnest remonstrance on the part of our Government.
In the immediate past exorbitant penalties have been imposed upon our
vessels and goods by customs authorities of Cuba and Puerto Rico for
clerical errors of the most trivial character in the manifests or bills
of lading. In some cases fines amounting to thousands of dollars have
been levied upon cargoes or the carrying vessels when the goods in
question were entitled to free entry. Fines have been exacted even when
the error had been detected and the Spanish authorities notified before
the arrival of the goods in port.
This conduct is in strange contrast with the considerate and liberal
treatment extended to Spanish vessels and cargoes in our ports in like
cases. No satisfactory settlement of these vexatious questions has yet
been reached.
The Mora case, referred to in my last annual message, remains unsettled.
From the diplomatic correspondence on this subject which has been laid
before the Senate it will be seen that this Government has offered to
conclude a convention with Spain for disposal by arbitration of
outstanding claims between the two countries, except the Mora claim,
which, having been long ago adjusted, now only awaits payment as
stipulated, and of course it could not be included in the proposed
convention. It was hoped that this offer would remove parliamentary
obstacles encountered by the Spanish Government in providing payment of
the Mora indemnity. I regret to say that no definite reply to this offer
has yet been made and all efforts to secure payment of this settled
claim have been unavailing.
In my last annual message I adverted to the claim on the part of Turkey
of the right to expel as persons undesirable and dangerous Armenians
naturalized in the United States and returning to Turkish
jurisdiction.[9] Numerous questions in this relation have arisen. While
this Government acquiesces in the asserted right of expulsion, it will
not consent that Armenians may be imprisoned or otherwise punished for
no other reason than having acquired without imperial consent American
citizenship.
Three of the assailants of Miss Melton, an American teacher in Mosul,
have been convicted by the Ottoman courts, and I am advised that an
appeal against the acquittal of the remaining five has been taken by the
Turkish prosecuting officer.
A convention has been concluded with Venezuela for the arbitration of a
long-disputed claim growing out of the seizure of certain vessels the
property of citizens of the United States. Although signed, the treaty
of extradition with Venezuela is not yet in force, owing to the
insistence of that Government that when surrendered its citizens shall
in no case be liable to capital punishment.
The rules for the prevention of collisions at sea which were framed
by the maritime conference held in this city in 1889, having been
concurrently incorporated in the statutes of the United States and
Great Britain, have been announced to take effect March 1, 1895, and
invitations have been extended to all maritime nations to adhere to
them. Favorable responses have thus far been received from Austria,
France, Portugal, Spain, and Sweden.
In my last annual message I referred briefly to the unsatisfactory state
of affairs in Samoa under the operation of the Berlin treaty as signally
illustrating the impolicy of entangling alliances with foreign
powers,[10] and on May 9, 1894, in response to a resolution of the
Senate, I sent a special message [11] and documents to that body on the
same subject, which emphasized my previously expressed opinions. Later
occurrences, the correspondence in regard to which will be laid before
the Congress, further demonstrate that the Government which was devised
by the three powers and forced upon the Samoans against their inveterate
hostility can be maintained only by the continued presence of foreign
military force and at no small sacrifice of life and treasure.
The suppression of the Mataafa insurrection by the powers and the
subsequent banishment of the leader and eleven other chiefs, as recited
in my last message, did not bring lasting peace to the islands.
Formidable uprisings continued, and finally a rebellion broke out in
the capital island, Upolu, headed in Aana, the western district, by the
younger Tamasese, and in Atua, the eastern district, by other leaders.
The insurgents ravaged the country and fought the Government's troops
up to the very doors of Apia. The King again appealed to the powers
for help, and the combined British and German naval forces reduced the
Atuans to apparent subjection, not, however, without considerable loss
to the natives. A few days later Tamasese and his adherents, fearing the
ships and the marines, professed submission.
Reports received from our agents at Apia do not justify the belief
that the peace thus brought about will be of long duration. It is
their conviction that the natives are at heart hostile to the present
Government, that such of them as profess loyalty to it do so from fear
of the powers, and that it would speedily go to pieces if the war ships
were withdrawn. In reporting to his Government on the unsatisfactory
situation since the suppression of the late revolt by foreign armed
forces, the German consul at Apia stated:
That peace will be lasting is hardly to be presumed. The lesson given
by firing on Atua was not sufficiently sharp and incisive to leave
a lasting impression on the forgetful Samoan temperament. In fact,
conditions are existing which show that peace will not last and is not
seriously intended. Malietoa, the King, and his chiefs are convinced
that the departure of the war ships will be a signal for a renewal of
war. The circumstance that the representatives of the villages of all
the districts which were opposed to the Government have already
withdrawn to Atua to hold meetings, and that both Atua and Aana have
forbidden inhabitants of those districts which fought on the side of the
Government to return to their villages, and have already partly burned
down the latter, indicates that a real conciliation of the parties is
still far off.
And in a note of the 10th ultimo, inclosing a copy of that report for
the information of this Government, the German ambassador said:
The contents of the report awakened the Imperial Government's
apprehension that under existing circumstances the peace concluded
with the rebels will afford no assurance of the lasting restoration
of tranquillity in the islands.
The present Government has utterly failed to correct, if indeed it has
not aggravated, the very evils it was intended to prevent. It has not
stimulated our commerce with the islands. Our participation in its
establishment against the wishes of the natives was in plain defiance of
the conservative teachings and warnings of the wise and patriotic men
who laid the foundations of our free institutions, and I invite an
expression of the judgment of Congress on the propriety of steps being
taken by this Government looking to the withdrawal from its engagements
with the other powers on some reasonable terms not prejudicial to any of
our existing rights.
The Secretary of the Treasury reports that the receipts of the
Government from all sources of revenue during the fiscal year ending
June 30, 1894, amounted to $372,802,498.29 and its expenditures to
$442,605,758.87, leaving a deficit of $69,803,260.58. There was a
decrease of $15,952,674.66 in the ordinary expense of the Government as
compared with the fiscal year 1893.
There was collected from customs $131,818,530.62 and from internal
revenue $147,168,449.70. The balance of the income for the year,
amounting to $93,815,517.97, was derived from the sales of lands and
other sources.
The value of our total dutiable imports amounted to $275,199,086, being
$146,657,625 less than during the preceding year, and the importations
free of duty amounted to $379,795,536, being $64,748,675 less than
during the preceding year. The receipts from customs were $73,536,486.11
less and from internal revenue $13,836,539.97 less than in 1893.
The total tax collected from distilled spirits was $85,259,250.25, on
manufactured tobacco $28,617,898.62, and on fermented liquors
$31,414,788.04.
Our exports of merchandise, domestic and foreign, amounted during the
year to $892,140,572, being an increase over the preceding year of
$44,495,378.
The total amount of gold exported during the fiscal year was
$76,898,061, as against $108,680,444 during the fiscal year 1893. The
amount imported was $72,449,119, as against $21,174,381 during the
previous year.
The imports of silver were $13,286,552 and the exports were $50,451,265.
The total bounty paid upon the production of sugar in the United
States for the fiscal year was $12,100,208.89, being an increase of
$2,725,078.01 over the payments made during the preceding year. The
amount of bounty paid from July 1, 1894, to August 28, 1894, the time
when further payments ceased by operation of law, was $966,185.84. The
total expenses incurred in the payment of the bounty upon sugar during
the fiscal year was $130,140.85.
It is estimated that upon the basis of the present revenue laws the
receipts of the Government during the current fiscal year, ending June
30, 1895, will be $424,427,748.44 and its expenditures $444,427,748.44,
resulting in a deficit of $20,000,000.
On the 1st day of November, 1894, the total stock of money of all kinds
in the country was $2,240,773,888, as against $2,204,651,000 on the 1st
day of November, 1893, and the money of all kinds in circulation, or not
included in the Treasury holdings, was $1,672,093,422, or $24.27 per
capita upon an estimated population of 68,887,000. At the same date
there was held in the Treasury gold bullion amounting to $44,615,177.55
and silver bullion which was purchased at a cost of $127,772,988. The
purchase of silver bullion under the act of July 14, 1890, ceased on the
1st day of November, 1893, and up to that time there had been purchased
during the fiscal year 11,917,658.78 fine ounces, at a cost of
$8,715,521.32, an average cost of $O.7313 per fine ounce. The total
amount of silver purchased from the time that law took effect until the
repeal of its purchasing clause, on the date last mentioned, was
168,674,682.53 fine ounces, which cost $155,931,002.25, the average
price per fine ounce being $0.9244.
The total amount of standard silver dollars coined at the mints of the
United States since the passage of the act of February 28, 1878, is
$421,776,408, of which $378,166,793 were coined under the provisions of
that act, $38,531,143 under the provisions of the act of July 14, 1890,
and $5,078,472 under the act providing for the coinage of trade-dollar
bullion.
The total coinage of all metals at our mints during the last fiscal year
consisted of 63,485,220 pieces, valued at $106,216,730.06, of which
there were $99,474,912.50 in gold coined, $758 in standard silver
dollars, $6,024,140.30 in subsidiary silver coin, and $716,919.26 in
minor coin.
During the calendar year 1893 the production of precious metals in the
United States was estimated at 1,739,323 fine ounces of gold of the
commercial and coinage value of $35,955,000 and 60,000,000 fine ounces
of silver of the bullion or market value of $46,800,000 and of the
coinage value of $77,576,000. It is estimated that on the 1st day of
July, 1894, the stock of metallic money in the United States, consisting
of coin and bullion, amounted to $1,251,640,958, of which $627,923,201
was gold and $624,347,757 was silver.
Fifty national banks were organized during the year ending October
31, 1894, with a capital of $5,285,000, and 79, with a capital of
$10,475,000, went into voluntary liquidation. Twenty-one banks, with a
capital of $2,770,000, were placed in the hands of receivers. The total
number of national banks in existence on the 31st day of October last
was 3,756, being 40 less than on the 31st day of October, 1893. The
capital stock paid in was $672,671,365, being $9,678,491 less than at
the same time in the previous year, and the surplus fund and individual
profits, less expenses and taxes paid, amounted to $334,121,082.10,
which was $16,089,780 less than on October 31, 1893. The circulation was
decreased $1,741,563. The obligations of the banks to each other were
increased $117,268,334 and the individual deposits were $277,294,489
less than at the corresponding date in the previous year. Loans and
discounts were $161,206,923 more than at the same time the previous
year, and checks and other cash items were $90,349,963 more. The total
resources of the banks at the date mentioned amounted to $3,473,922,055,
as against $3,109,563,284.36 in 1893.
From the report of the Secretary of War it appears that the strength of
the Army on September 30, 1894, was 2,135 officers and 25,765 enlisted
men. Although this is apparently a very slight decrease compared with
the previous year, the actual effective force has been increased to the
equivalent of nearly two regiments through the reorganization of the
system of recruiting and the consequent release to regimental duty of
the large force of men hitherto serving at the recruiting depots. The
abolition of these depots, it is predicted, will furthermore effect an
annual reduction approximating $250,000 in the direct expenditures,
besides promoting generally the health, morale, and discipline of the
troops.
The execution of the policy of concentrating the Army at important
centers of population and transportation, foreshadowed in the last
annual report of the Secretary, has resulted in the abandonment of
fifteen of the smaller posts, which was effected under a plan which
assembles organizations of the same regiments hitherto widely separated.
This renders our small forces more readily effective for any service
which they may be called upon to perform, increases the extent of the
territory under protection without diminishing the security heretofore
afforded to any locality, improves the discipline, training, and
_esprit de corps_ of the Army, besides considerably decreasing the
cost of its maintenance.
Though the forces of the Department of the East have been somewhat
increased, more than three-fourths of the Army is still stationed west
of the Mississippi. This carefully matured policy, which secures the
best and greatest service in the interests of the general welfare from
the small force comprising our Regular Army, should not be thoughtlessly
embarrassed by the creation of new and unnecessary posts through acts of
Congress to gratify the ambitions or interests of localities.
While the maximum legal strength of the Army is 25,000 men, the
effective strength, through various causes, is but little over 20,000
men. The purpose of Congress does not, therefore, seem to be fully
attained by the existing condition. While no considerable increase in
the Army is, in my judgment, demanded by recent events, the policy of
seacoast fortification, in the prosecution of which we have been
steadily engaged for some years, has so far developed as to suggest that
the effective strength of the Army be now made at least equal to the
legal strength. Measures taken by the Department during the year, as
indicated, have already considerably augmented the effective force,
and the Secretary of War presents a plan, which I recommend to the
consideration of Congress, to attain the desired end. Economies effected
in the Department in other lines of its work will offset to a great
extent the expenditure involved in the proposition submitted. Among
other things this contemplates the adoption of the three-battalion
formation of regiments, which for several years has been indorsed by
the Secretaries of War and the Generals Commanding the Army. Compact
in itself, it provides a skeleton organization, ready to be filled out
in the event of war, which is peculiarly adapted to our strength and
requirements; and the fact that every other nation, with a single
exception, has adopted this formation to meet the conditions of
modern warfare should alone secure for the recommendation an early
consideration.
It is hardly necessary to recall the fact that in obedience to the
commands of the Constitution and the laws, and for the purpose of
protecting the property of the United States, aiding the process of
Federal courts, and removing lawless obstructions to the performance
by the Government of its legitimate functions, it became necessary in
various localities during the year to employ a considerable portion of
the regular troops. The duty was discharged promptly, courageously, and
with marked discretion by the officers and men, and the most gratifying
proof was thus afforded that the Army deserves that complete confidence
in its efficiency and discipline which the country has at all times
manifested.
The year has been free from disturbances by Indians, and the chances of
further depredations on their part are constantly becoming more remote
and improbable.
The total expenditures for the War Department for the year ended June
30, 1894, amounted to $56,039,009.34. Of this sum $2,000,614.99 was for
salaries and contingent expenses, $23,665,156.16 for the support of the
military establishment, $5,001,682.23 for miscellaneous objects, and
$25,371,555.96 for public works. This latter sum includes $19,494,037.49
for river and harbor improvements and $3,947,863.56 for fortifications
and other works of defense. The appropriations for the current year
aggregate $52,429,112.78, and the estimates submitted by the Secretary
of War for the next fiscal year call for appropriations amounting to
$52,318,629.55.
The skill and industry of our ordnance officers and inventors have, it
is believed, overcome the mechanical obstacles which have heretofore
delayed the armament of our coasts, and this great national undertaking
upon which we have entered may now proceed as rapidly as Congress shall
determine. With a supply of finished guns of large caliber already
on hand, to which additions should now rapidly follow, the wisdom of
providing carriages and emplacements for their mount can not be too
strongly urged.
The total enrollment of the militia of the several States is 117,533
officers and enlisted men, an increase of 5,343 over the number reported
at the close of the previous year. The reports of militia inspections by
Regular Army officers show a marked increase in interest and efficiency
among the State organizations, and I strongly recommend a continuance of
the policy of affording every practical encouragement possible to this
important auxiliary of our military establishment.
The condition of the Apache Indians held as prisoners by the Government
for eight years at a cost of half a million dollars has been changed
during the year from captivity to one which gives them an opportunity
to demonstrate their capacity for self-support and at least partial
civilization. Legislation enacted at the late session of Congress gave
the War Department authority to transfer the survivors, numbering 346,
from Mount Vernon Barracks, in Alabama, to any suitable reservation. The
Department selected as their future home the military lands near Fort
Sill, Ind. T., where, under military surveillance, the former prisoners
have been established in agriculture under conditions favorable to their
advancement.
In recognition of the long and distinguished military services and
faithful discharge of delicate and responsible civil duties by
Major-General John M. Schofield, now the General Commanding the Army,
it is suggested to Congress that the temporary revival of the grade of
lieutenant-general in his behalf would be a just and gracious act and
would permit his retirement, now near at hand, with rank befitting his
merits.
The report of the Attorney-General notes the gratifying progress made
by the Supreme Court in overcoming the arrears of its business and in
reaching a condition in which it will be able to dispose of cases as
they arise without any unreasonable delay. This result is of course very
largely due to the successful working of the plan inaugurating circuit
courts of appeals. In respect to these tribunals the suggestion is made
in quarters entitled to the highest consideration that an additional
circuit judge for each circuit would greatly strengthen these courts and
the confidence reposed in their adjudications, and that such an addition
would not create a greater force of judges than the increasing business
of such courts requires. I commend the suggestion to the careful
consideration of the Congress. Other important topics are adverted to
in the report, accompanied by recommendations, many of which have been
treated at large in previous messages, and at this time, therefore, need
only be named. I refer to the abolition of the fee system as a measure
of compensation to Federal officers; the enlargement of the powers of
United States commissioners, at least in the Territories; the allowance
of writs of error in criminal cases on behalf of the United States, and
the establishment of degrees in the crime of murder. A topic dealt
with by the Attorney-General of much importance is the condition of
the administration of justice in the Indian Territory. The permanent
solution of what is called the Indian problem is probably not to be
expected at once, but meanwhile such ameliorations of present conditions
as the existing system will admit of ought not to be neglected. I am
satisfied there should be a Federal court established for the Territory,
with sufficient judges, and that this court should sit within the
Territory and have the same jurisdiction as to Territorial affairs as
is now vested in the Federal courts sitting in Arkansas and Texas.
Another subject of pressing moment referred to by the Attorney-General
is the reorganization of the Union Pacific Railway Company on a basis
equitable as regards all private interests and as favorable to the
Government as existing conditions will permit. The operation of a
railroad by a court through a receiver is an anomalous state of things
which should be terminated on all grounds, public and private, at the
earliest possible moment. Besides, not to enact the needed enabling
legislation at the present session postpones the whole matter until
the assembling of a new Congress and inevitably increases all the
complications of the situation, and could not but be regarded as a
signal failure to solve a problem which has practically been before
the present Congress ever since its organization.
Eight years ago in my annual message I urged upon the Congress as
Strongly as I could the location and construction of two prisons for the
confinement of United States prisoners.[12] A similar recommendation has
been made from time to time since, and a few years ago a law was passed
providing for the selection of sites for three such institutions. No
appropriation has, however, been made to carry the act into effect, and
the old and discreditable condition still exists.
It is not my purpose at this time to repeat the considerations which
make an impregnable case in favor of the ownership and management by the
Government of the penal institutions in which Federal prisoners are
confined. I simply desire to again urge former recommendations on the
subject and to particularly call the attention of the Congress to that
part of the report of the Secretary of War in which he states that the
military prison at Fort Leavenworth, Kans., can be turned over to the
Government as a prison for Federal convicts without the least difficulty
and with an actual saving of money from every point of view.
Pending a more complete reform, I hope that by the adoption of the
suggestion of the Secretary of War this easy step may be taken in the
direction of the proper care of its convicts by the Government of the
United States.
The report of the Postmaster-General presents a comprehensive statement
of the operations of the Post-Office Department for the last fiscal
year. The receipts of the Department during the year amounted to
$75,080,479.04 and the expenditures to $84,324,414.15.
The transactions of the postal service indicate with barometric
certainty the fluctuations in the business of the country. Inasmuch,
therefore, as business complications continued to exist throughout
the last year to an unforeseen extent, it is not surprising that the
deficiency of revenue to meet the expenditures of the Post-Office
Department, which was estimated in advance at about $8,000,000, should
be exceeded by nearly $1,225,000. The ascertained revenues of the last
year, which were the basis of calculation for the current year, being
less than estimated, the deficiency for the current year will be
correspondingly greater, though the Postmaster-General states that the
latest indications are so favorable that he confidently predicts an
increase of at least 8 per cent in the revenues of the current year over
those of the last year.
The expenditures increase steadily and necessarily with the growth and
needs of the country, so that the deficiency is greater or less in any
year, depending upon the volume of receipts.
The Postmaster-General states that this deficiency is unnecessary and
might be obviated at once if the law regulating rates upon mail matter
of the second class was modified. The rate received for the transmission
of this second-class matter is 1 cent per pound, while the cost of such
transmission to the Government is eight times that amount. In the
general terms of the law this rate covers newspapers and periodicals.
The extensions of the meaning of these terms from time to time have
admitted to the privileges intended for legitimate newspapers and
periodicals a surprising range of publications and created abuses the
cost of which amounts in the aggregate to the total deficiency of the
Post-Office Department. Pretended newspapers are started by business
houses for the mere purpose of advertising goods, complying with the law
in form only and discontinuing the publications as soon as the period of
advertising is over. "Sample copies" of pretended newspapers are issued
in great numbers for a like purpose only. The result is a great loss of
revenue to the Government, besides its humiliating use as an agency to
aid in carrying out the scheme of a business house to advertise its
goods by means of a trick upon both its rival houses and the regular
and legitimate newspapers. Paper-covered literature, consisting mainly
of trashy novels, to the extent of many thousands of tons is sent
through the mails at 1 cent per pound, while the publishers of standard
works are required to pay eight times that amount in sending their
publications. Another abuse consists in the free carriage through the
mails of hundreds of tons of seed and grain uselessly distributed
through the Department of Agriculture. The Postmaster-General predicts
that if the law be so amended as to eradicate these abuses not only will
the Post-Office Department show no deficiency, but he believes that in
the near future all legitimate newspapers and periodical magazines might
be properly transmitted through the mails to their subscribers free of
cost. I invite your prompt consideration of this subject and fully
indorse the views of the Postmaster-General.
The total number of post-offices in the United States on the 30th day of
June, 1894, was 69,805, an increase of 1,403 over the preceding year. Of
these, 3,428 were Presidential, an increase in that class of 68 over the
preceding year.
Six hundred and ten cities and towns are provided with free delivery.
Ninety-three other cities and towns entitled to this service under the
law have not been accorded it on account of insufficient funds. The
expense of free delivery for the current fiscal year will be more than
$12,300,000, and under existing legislation this item of expenditure is
subject to constant increase. The estimated cost of rural free delivery
generally is so very large that it ought not to be considered in the
present condition of affairs.
During the year 830 additional domestic money-order offices were
established. The total number of these offices at the close of the year
was 19,264. There were 14,304,041 money orders issued during the year,
being an increase over the preceding year of 994,306. The value of these
orders amounted to $138,793,579.49, an increase of $11,217,145.84. There
were also issued during the year postal notes amounting to
$12,649,094.55.
During the year 218 international money-order offices were added to
those already established, making a total of 2,625 such offices in
operation June 30, 1894. The number of international money orders issued
during the year was 917,823, a decrease in number of 138,176, and their
value was $13,792,455.31, a decrease in amount of $2,549,382.55. The
number of orders paid was 361,180, an increase over the preceding year
of 60,263, and their value was $6,568,493.78, an increase of
$1,285,118.08.
From the foregoing statements it appears that the total issue of money
orders and postal notes for the year amounted to $165,235,129.35.
The number of letters and packages mailed during the year for special
delivery was 3,436,970. The special-delivery stamps used upon these
letters and packages amounted to $343,697. The messengers' fees paid for
their delivery amounted to $261,209.70, leaving a balance in favor of
the Government of $82,487.30.
The report shows most gratifying results in the way of economies worked
out without affecting the efficiency of the postal service. These
consist in the abrogation of steamship subsidy contracts, reletting of
mail transportation contracts, and in the cost and amount of supplies
used in the service, amounting in all to $16,619,047.42.
This report also contains a valuable contribution to the history of the
Universal Postal Union, an arrangement which amounts practically to
the establishment of one postal system for the entire civilized world.
Special attention is directed to this subject at this time in view of
the fact that the next congress of the union will meet in Washington in
1897, and it is hoped that timely action will be taken in the direction
of perfecting preparations for that event.
The Postmaster-General renews the suggestion made in a previous report
that the Department organization be increased to the extent of creating
a direct district supervision of all postal affairs, and in this
suggestion I fully concur.
There are now connected with the Post-Office establishment 32,661
employees who are in the classified service. This includes many who have
been classified upon the suggestion of the Postmaster-General. He states
that another year's experience at the head of the Department serves only
to strengthen the conviction as to the excellent working of the
civil-service law in this branch of the public service.
Attention is called to the report of the Secretary of the Navy, which
shows very gratifying progress in the construction of ships for our new
Navy. All the vessels now building, including the three torpedo boats
authorized at the last session of Congress and excepting the first-class
battle ship _Iowa_, will probably be completed during the coming
fiscal year.
The estimates for the increase of the Navy for the year ending June 30,
1896, are large, but they include practically the entire sum necessary
to complete and equip all the new ships not now in commission, so that
unless new ships are authorized the appropriations for the naval service
for the fiscal year ending June 30, 1897, should fall below the
estimates for the coming year by at least $12,000,000.
The Secretary presents with much earnestness a plea for the authorization
of three additional battle ships and ten or twelve torpedo boats. While
the unarmored vessels heretofore authorized, including those now nearing
completion, will constitute a fleet which it is believed is sufficient
for ordinary cruising purposes in time of peace, we have now completed
and in process of construction but four first-class battle ships and
but few torpedo boats. If we are to have a navy for warlike operations,
offensive and defensive, we certainly ought to increase both the number
of battle ships and torpedo boats.
The manufacture of armor requires expensive plants and the aggregation
of many skilled workmen. All the armor necessary to complete the vessels
now building will be delivered before the 1st of June next. If no new
contracts are given out, contractors must disband their workmen and
their plants must lie idle. Battle ships authorized at this time would
not be well under way until late in the coming fiscal year, and at least
three years and a half from the date of the contract would be required
for their completion. The Secretary states that not more than 15 per
cent of the cost of such ships need be included in the appropriations
for the coming year.
I recommend that provision be made for the construction of additional
battle ships and torpedo boats.
The Secretary recommends the manufacture not only of a reserve supply of
ordnance and ordnance material for ships of the Navy, but also a supply
for the auxiliary fleet. Guns and their appurtenances should be provided
and kept on hand for both these purposes. We have not to-day a single
gun that could be put upon the ships _Paris_ or _New York_ of the
International Navigation Company or any other ship of our reserve Navy.
The manufacture of guns at the Washington Navy-Yard is proceeding
satisfactorily, and none of our new ships will be required to wait for
their guns or ordnance equipment.
An important order has been issued by the Secretary of the Navy
coordinating the duties of the several bureaus concerned in the
construction of ships. This order, it is believed, will secure to a
greater extent than has heretofore been possible the harmonious action
of these several bureaus and make the attainment of the best results
more certain.
During the past fiscal year there has been an unusual and pressing
demand in many quarters of the world for the presence of vessels to
guard American interests.
In January last, during the Brazilian insurrection, a large fleet was
concentrated in the harbor of Rio de Janeiro. The vigorous action of
Rear-Admiral Benham in protecting the personal and commercial rights of
our citizens during the disturbed conditions afforded results which
will, it is believed, have a far-reaching and wholesome influence
whenever in like circumstances it may become necessary for our naval
commanders to interfere on behalf of our people in foreign ports.
The war now in progress between China and Japan has rendered it
necessary or expedient to dispatch eight vessels to those waters.
Both the Secretary of the Navy and the Secretary of the Treasury
recommend the transfer of the work of the Coast Survey proper to the
Navy Department. I heartily concur in this recommendation. Excluding
Alaska and a very small area besides, all the work of mapping and
charting our coasts has been completed. The hydrographic work, which
must be done over and over again by reason of the shifting and varying
depths of water consequent upon the action of streams and tides,
has heretofore been done under the direction of naval officers in
subordination to the Superintendent of the Coast Survey. There seems to
be no good reason why the Navy should not have entire charge hereafter
of such work, especially as the Hydrographic Office of the Navy
Department is now and has been for many years engaged in making
efficient maps entirely similar to those prepared by the Coast Survey.
I feel it my imperative duty to call attention to the recommendation of
the Secretary in regard to the personnel of the line of the Navy. The
stagnation of promotion in this the vital branch of the service is so
great as to seriously impair its efficiency.
I consider it of the utmost importance that the young and middle-aged
officers should before the eve of retirement be permitted to reach a
grade entitling them to active and important duty.
The system adopted a few years ago regulating the employment of labor
at the navy-yards is rigidly upheld and has fully demonstrated its
usefulness and expediency. It is within the domain of civil-service
reform inasmuch as workmen are employed through a board of labor
selected at each navy-yard and are given work without reference to
politics and in the order of their application, preference, however,
being given to Army and Navy veterans and those having former navy-yard
experience.
Amendments suggested by experience have been made to the rules
regulating the system. Through its operation the work at our navy-yards
has been vastly improved in efficiency and the opportunity to work has
been honestly and fairly awarded to willing and competent applicants.
It is hoped that if this system continues to be strictly adhered to
there will soon be as a natural consequence such an equalization of
party benefit as will remove all temptation to relax or abandon it.
The report of the Secretary of the Interior exhibits the situation of
the numerous and interesting branches of the public service connected
with his Department. I commend this report and the valuable
recommendations of the Secretary to the careful attention of the
Congress.
The public land disposed of during the year amounted to 10,406,100.77
acres, including 28,876.05 of Indian lands.
It is estimated that the public domain still remaining amounts to
a little more than 600,000,000 acres, including, however, about
360,000,000 acres in Alaska, as well as military reservations and
railroad and other selections of lands yet unadjudicated.
The total cash receipts from sale of lands amounted to $2,674,285.79,
including $91,981.03 received for Indian lands.
Thirty-five thousand patents were issued for agricultural lands, and
3,100 patents were issued to Indians on allotments of their holdings
in severalty, the land so allotted being inalienable by the Indian
allottees for a period of twenty-five years after patent.
There were certified and patented on account of railroad and wagon-road
grants during the year 865,556.45 acres of land, and at the close of the
year 29,000,000 acres were embraced in the lists of selections made by
railroad and wagon-road companies and awaited settlement.
The selections of swamp lands and that taken as indemnity therefor since
the passage of the act providing for the same in 1849 amount to nearly
or quite 80,500,000 acres, of which 58,000,000 have been patented to
States. About 138,000 acres were patented during the last year. Nearly
820,000 acres of school and education grants were approved during the
year, and at its close 1,250,363.81 acres remained unadjusted.
It appears that the appropriation for the current year on account of
special service for the protection of the public lands and the timber
thereon is much less than those for previous years, and inadequate for
an efficient performance of the work. A larger sum of money than has
been appropriated during a number of years past on this account has been
returned to the Government as a result of the labors of those employed
in the particular service mentioned, and I hope it will not be crippled
by insufficient appropriation.
I fully indorse the recommendation of the Secretary that adequate
protection be provided for our forest reserves and that a comprehensive
forestry system be inaugurated. Such keepers and superintendents as are
necessary to protect the forests already reserved should be provided.
I am of the opinion that there should be an abandonment of the policy
sanctioned by present laws under which the Government, for a very small
consideration, is rapidly losing title to immense tracts of land covered
with timber, which should be properly reserved as permanent sources of
timber supply.
The suggestion that a change be made in the manner of securing surveys
of the public lands is especially worthy of consideration. I am
satisfied that these surveys should be made by a corps of competent
surveyors under the immediate control and direction of the Commissioner
of the General Land Office.
An exceedingly important recommendation of the Secretary relates to the
manner in which contests and litigated cases growing out of efforts to
obtain Government land are determined. The entire testimony upon which
these controversies depend in all their stages is taken before the
local registers and receivers, and yet these officers have no power
to subpoena witnesses or to enforce their attendance to testify. These
cases, numbering three or four thousand annually, are sent by the local
officers to the Commissioner of the General Land Office for his action.
The exigencies of his other duties oblige him to act upon the decisions
of the registers and receivers without an opportunity of thorough
personal examination. Nearly 2,000 of these cases are appealed annually
from the Commissioner to the Secretary of the Interior. Burdened with
other important administrative duties, his determination of these
appeals must be almost perfunctory and based upon the examination of
others, though this determination of the Secretary operates as a final
adjudication upon rights of very great importance.
I concur in the opinion that the Commissioner of the General Land Office
should be relieved from the duty of deciding litigated land cases, that
a nonpartisan court should be created to pass on such cases, and that
the decisions of this court should be final, at least so far as the
decisions of the Department are now final. The proposed court might be
given authority to certify questions of law in matters of especial
importance to the Supreme Court of the United States or the court of
appeals for the District of Columbia for decision. The creation of such
a tribunal would expedite the disposal of cases and insure decisions of
a more satisfactory character. The registers and receivers who
originally hear and decide these disputes should be invested with
authority to compel witnesses to attend and testify before them.
Though the condition of the Indians shows a steady and healthy progress,
their situation is not satisfactory at all points. Some of them to whom
allotments of land have been made are found to be unable or disinclined
to follow agricultural pursuits or to otherwise beneficially manage
their land. This is especially true of the Cheyennes and Arapahoes, who,
as it appears by reports of their agent, have in many instances never
been located upon their allotments, and in some cases do not even know
where their allotments are. Their condition has deteriorated. They are
not self-supporting and they live in camps and spend their time in
idleness.
I have always believed that allotments of reservation lands to Indians
in severalty should be made sparingly, or at least slowly, and with
the utmost caution. In these days, when white agriculturists and stock
raisers of experience and intelligence find their lot a hard one, we
ought not to expect Indians, unless far advanced in civilization and
habits of industry, to support themselves on the small tracts of land
usually allotted to them.
If the self-supporting scheme by allotment fails, the wretched pauperism
of the allottees which results is worse than their original condition
of regulated dependence. It is evident that the evil consequences of
ill-advised allotment are intensified in cases where the false step
can not be retraced on account of the purchase by the Government
of reservation lands remaining after allotments are made and the
disposition of such remaining lands to settlers or purchasers from
the Government.
I am convinced that the proper solution of the Indian problem and the
success of every step taken in that direction depend to a very large
extent upon the intelligence and honesty of the reservation agents and
the interest they have in their work. An agent fitted for his place can
do much toward preparing the Indians under his charge for citizenship
and allotment of their lands, and his advice as to any matter concerning
their welfare will not mislead. An unfit agent will make no effort
to advance the Indians on his reservation toward civilization or
preparation for allotment of lands in severalty, and his opinion as to
their condition in this and other regards is heedless and valueless.
The indications are that the detail of army officers as Indian agents
will result in improved management on the reservations.
Whenever allotments are made and any Indian on the reservation has
previously settled upon a lot and cultivated it or shown a disposition
to improve it in any way, such lot should certainly be allotted to him,
and this should be made plainly obligatory by statute.
In the light of experience and considering the uncertainty of the Indian
situation and its exigencies in the future, I am not only disposed to
be very cautious in making allotments, but I incline to agree with the
Secretary of the Interior in the opinion that when allotments are made
the balance of reservation land remaining after allotment, instead of
being bought by the Government from the Indians and opened for
settlement with such scandals and unfair practices as seem unavoidable,
should remain for a time at least as common land or be sold by the
Government on behalf of the Indians in an orderly way and at fixed
prices, to be determined by its location and desirability, and that the
proceeds, less expenses, should be held in trust for the benefit of the
Indian proprietors.
The intelligent Indian-school management of the past year has been
followed by gratifying results. Efforts have been made to advance the
work in a sound and practical manner. Five institutes of Indian teachers
have been held during the year, and have proved very beneficial through
the views exchanged and methods discussed particularly applicable to
Indian education.
Efforts are being made in the direction of a gradual reduction of the
number of Indian contract schools, so that in a comparatively short time
they may give way altogether to Government schools, and it is hoped
that the change may be so gradual as to be perfected without too great
expense to the Government or undue disregard of investments made by
those who have established and are maintaining such contract schools.
The appropriation for the current year, ending June 30, 1895, applicable
to the ordinary expenses of the Indian service amounts to $6,733,003.18,
being less by $663,240.64 than the sum appropriated on the same account
for the previous year.
At the close of the last fiscal year, on the 30th day of June, 1894,
there were 969,544 persons on our pension rolls, being a net increase
of 3,532 over the number reported at the end of the previous year.
These pensioners may be classified as follows: Soldiers and sailors
survivors of all wars, 753,968; widows and relatives of deceased
soldiers, 215,162; army nurses in the War of the Rebellion, 414. Of
these pensioners 32,039 are surviving soldiers of Indian and other
wars prior to the late Civil War and the widows or relatives of such
soldiers.
The remainder, numbering 937,505, are receiving pensions on account of
the rebellion, and of these 469,344 are on the rolls under the authority
of the act of June 27, 1890, sometimes called the dependent-pension law.
The total amount expended for pensions during the year was
$139,804,461.05, leaving an unexpended balance from the sum appropriated
of $25,205,712.65.
The sum necessary to meet pension expenditures for the year ending June
30, 1896, is estimated at $140,000,000.
The Commissioner of Pensions is of the opinion that the year 1895,
being the thirtieth after the close of the War of the Rebellion, must,
according to all sensible human calculation, see the highest limit of
the pension roll, and that after that year it must begin to decline.
The claims pending in the Bureau have decreased more than 90,000 during
the year. A large proportion of the new claims filed are for increase of
pension by those now on the rolls.
The number of certificates issued was 80,213.
The names dropped from the rolls for all causes during the year numbered
37,951.
Among our pensioners are 9 widows and 3 daughters of soldiers of the
Revolution and 45 survivors of the War of 1812.
The barefaced and extensive pension frauds exposed under the direction
of the courageous and generous veteran soldier now at the head of the
Bureau leave no room for the claim that no purgation of our pension
rolls was needed or that continued vigilance and prompt action are not
necessary to the same end.
The accusation that an effort to detect pension frauds is evidence of
unfriendliness toward our worthy veterans and a denial of their claims
to the generosity of the Government suggests an unfortunate indifference
to the commission of any offense which has for its motive the securing
of a pension and indicates a willingness to be blind to the existence
of mean and treacherous crimes which play upon demagogic fears and make
sport of the patriotic impulse of a grateful people.
The completion of the Eleventh Census is now in charge of the
Commissioner of Labor. The total disbursements on account of the work
for the fiscal year ending June 30, 1894, amounted to $10,365,676.81.
At the close of the year the number of persons employed in the Census
Office was 679; at present there are about 400. The whole number of
volumes necessary to comprehend the Eleventh Census will be 25, and they
will contain 22,270 printed pages. The assurance is confidently made
that before the close of the present calendar year the material still
incomplete will be practically in hand, and the census can certainly be
closed by the 4th of March, 1895. After that the revision and proof
reading necessary to bring out the volumes will still be required.
The text of the census volumes has been limited as far as possible to
the analysis of the statistics presented. This method, which is in
accordance with law, has caused more or less friction and in some
instances individual disappointment, for when the Commissioner of Labor
took charge of the work he found much matter on hand which according
to this rule he was compelled to discard. The census is being prepared
according to the theory that it is designed to collect facts and certify
them to the public, not to elaborate arguments or to present personal
views.
The Secretary of Agriculture in his report reviews the operations of his
Department for the last fiscal year and makes recommendations for the
further extension of its usefulness. He reports a saving in expenditures
during the year of $600,000, which is covered back into the Treasury.
This sum is 23 per cent of the entire appropriation.
A special study has been made of the demand for American farm products
in all foreign markets, especially Great Britain. That country received
from the United States during the nine months ending September 30, 1894,
305,910 live beef cattle, valued at $26,500,000, as against 182,611
cattle, valued at $16,634,000, during the same period for 1893.
During the first six months of 1894 the United Kingdom took also
112,000,000 pounds of dressed beef from the United States, valued at
nearly $10,000,000.
The report shows that during the nine months immediately preceding
September 30, 1894, the United States exported to Great Britain
222,676,000 pounds of pork; of apples, 1,900,000 bushels, valued at
$2,500,000, and of horses 2,811, at an average value of $139 per head.
There was a falling off in American wheat exports of 13,500,000 bushels,
and the Secretary is inclined to believe that wheat may not in the
future be the staple export cereal product of our country, but that corn
will continue to advance in importance as an export on account of the
new uses to which it is constantly being appropriated.
The exports of agricultural products from the United States for the
fiscal year ending June 30, 1894, amounted to $628,363,038, being 72.28
per cent of American exports of every description, and the United
Kingdom of Great Britain took more than 54 per cent of all farm products
finding foreign markets.
The Department of Agriculture has undertaken during the year two new
and important lines of research. The first relates to grasses and forage
plants, with the purpose of instructing and familiarizing the people as
to the distinctive grasses of the United States and teaching them how to
introduce valuable foreign forage plants which may be adapted to this
country. The second relates to agricultural soils and crop production,
involving the analyses of samples of soils from all sections of the
American Union, to demonstrate their adaptability to particular plants
and crops. Mechanical analyses of soils may be of such inestimable
utility that it is foremost in the new lines of agricultural research,
and the Secretary therefore recommends that a division having it in
charge be permanently established in the Department.
The amount appropriated for the Weather Bureau was $951,100. Of that sum
$138,500, or 14 per cent, has been saved and is returned to the Treasury.
As illustrating the usefulness of this service it may be here stated
that the warnings which were very generally given of two tropical storms
occurring in September and October of the present year resulted in
detaining safely in port 2,305 vessels, valued at $36,283,913, laden
with cargoes of probably still greater value. What is much more
important and gratifying, many human lives on these ships were also
undoubtedly saved.
The appropriation to the Bureau of Animal Industry was $850,000, and the
expenditures for the year were only $495,429.24, thus leaving unexpended
$354,570.76. The inspection of beef animals for export and interstate
trade has been continued, and 12,944,056 head were inspected during the
year, at a cost of 1-3/4 cents per head, against 4-3/4 cents for 1893.
The amount of pork microscopically examined was 35,437,937 pounds,
against 20,677,410 pounds in the preceding year. The cost of this
inspection has been diminished from 8-3/4 cents per head in 1893 to
6-1/2 cents in 1894.
The expense of inspecting the pork sold in 1894 to Germany and France by
the United States was $88,922.10. The quantity inspected was greater by
15,000,000 pounds than during the preceding year, when the cost of such
inspection was $172,367.08. The Secretary of Agriculture recommends
that the law providing for the microscopic inspection of export and
interstate meat be so amended as to compel owners of the meat inspected
to pay the cost of such inspection, and I call attention to the
arguments presented in his report in support of this recommendation.
The live beef cattle exported and tagged during the year numbered
353,535. This is an increase of 69,533 head over the previous year.
The sanitary inspection of cattle shipped to Europe has cost an average
of 10-3/4 cents for each animal, and the cost of inspecting Southern
cattle and the disinfection of cars and stock yards averages 2.7 cents
per animal.
The scientific inquiries of the Bureau of Animal Industry have
progressed steadily during the year. Much tuberculin and mallein have
been furnished to State authorities for use in the agricultural colleges
and experiment stations for the treatment of tuberculosis and glanders.
Quite recently this Department has published the results of its
investigations of bovine tuberculosis, and its researches will be
vigorously continued. Certain herds in the District of Columbia will be
thoroughly inspected and will probably supply adequate scope for the
Department to intelligently prosecute its scientific work and furnish
sufficient material for purposes of illustration, description, and
definition.
The sterilization of milk suspected of containing the bacilli of
tuberculosis has been during the year very thoroughly explained in a
leaflet by Dr. D.E. Salmon, the Chief of the Bureau, and given general
circulation throughout the country.
The Office of Experiment Stations, which is a part of the United States
Department of Agriculture, has during the past year engaged itself
almost wholly in preparing for publication works based upon the reports
of agricultural experiment stations and other institutions for
agricultural inquiry in the United States and foreign countries.
The Secretary in his report for 1893 called attention to the fact that
the appropriations made for the support of the experiment stations
throughout the Union were the only moneys taken out of the National
Treasury by act of Congress for which no accounting to Federal
authorities was required. Responding to this suggestion, the Fifty-third
Congress, in making the appropriation for the Department for the present
fiscal year, provided that--
The Secretary of Agriculture shall prescribe the form of annual
financial statement required by section 3 of said act of March 2, 1887;
shall ascertain whether the expenditures under the appropriation hereby
made are in accordance with the provisions of said act, and shall make
report thereon to Congress.
In obedience to this law the Department of Agriculture immediately sent
out blank forms of expense accounts to each station, and proposes in
addition to make, through trusted experts, systematic examination of
the several stations during each year for the purpose of acquiring by
personal investigation the detailed information necessary to enable
the Secretary of Agriculture to make, as the statute provides, a
satisfactory report to Congress. The boards of management of the
several stations with great alacrity and cordiality have approved the
amendment to the law providing this supervision of their expenditures,
anticipating that it will increase the efficiency of the stations and
protect their directors and managers from loose charges concerning their
use of public funds, besides bringing the Department of Agriculture into
closer and more confidential relations with the experimental stations,
and through their joint service largely increasing their usefulness to
the agriculture of the country.
Acting upon a recommendation contained in the report of 1893, Congress
appropriated $10,000 "to enable the Secretary of Agriculture to
investigate and report upon the nutritive value of the various articles
and commodities used for human food, with special suggestions of full,
wholesome, and edible rations less wasteful and more economical than
those in common use."
Under this appropriation the Department has prepared and now has nearly
ready for distribution an elementary discussion of the nutritive value
and pecuniary economy of food. When we consider that fully one-half of
all the money earned by the wage earners of the civilized world is
expended by them for food, the importance and utility of such an
investigation is apparent.
The Department expended in the fiscal year 1893 $2,354,809.56, and
out of that sum the total amount expended in scientific research was
45.6 per cent. But in the year ending June 30, 1894, out of a total
expenditure of $1,948,988.38, the Department applied 51.8 per cent of
that sum to scientific work and investigation. It is therefore very
plainly observable that the economies which have been practiced in
the administration of the Department have not been at the expense of
scientific research.
The recommendation contained in the report of the Secretary for 1893
that the vicious system of promiscuous free distribution of its
departmental documents be abandoned is again urged. These publications
may well be furnished without cost to public libraries, educational
institutions, and the officers and libraries of States and of the
Federal Government; but from all individuals applying for them a price
covering the cost of the document asked for should be required. Thus the
publications and documents would be secured by those who really desire
them for proper purposes. Half a million of copies of the report of the
Secretary of Agriculture are printed for distribution, at an annual cost
of about $300,000. Large numbers of them are cumbering storerooms at the
Capitol and the shelves of secondhand-book stores throughout the
country. All this labor and waste might be avoided if the
recommendations of the Secretary were adopted.
The Secretary also again recommends that the gratuitous distribution of
seeds cease and that no money be appropriated for that purpose except to
experiment stations. He reiterates the reasons given in his report for
1893 for discontinuing this unjustifiable gratuity, and I fully concur
in the conclusions which he has reached.
The best service of the statistician of the Department of Agriculture
is the ascertainment, by diligence and care, of the actual and real
conditions, favorable or unfavorable, of the farmers and farms of the
country, and to seek the causes which produce these conditions, to the
end that the facts ascertained may guide their intelligent treatment.
A further important utility in agricultural statistics is found in their
elucidation of the relation of the supply of farm products to the demand
for them in the markets of the United States and of the world.
It is deemed possible that an agricultural census may be taken each year
through the agents of the statistical division of the Department. Such a
course is commended for trial by the chief of that division. Its scope
would be:
(1) The area under each of the more important crops. (2) The aggregate
products of each of such crops. (3) The quantity of wheat and corn in
the hands of farmers at a date after the spring sowings and plantings
and before the beginning of harvest, and also the quantity of cotton and
tobacco remaining in the hands of planters, either at the same date or
at some other designated time.
The cost of the work is estimated at $500,000.
Owing to the peculiar quality of the statistician's work and the natural
and acquired fitness necessary to its successful prosecution, the
Secretary of Agriculture expresses the opinion that every person
employed in gathering statistics under the chief of that division should
be admitted to that service only after a thorough, exhaustive, and
successful examination at the hands of the United States Civil Service
Commission. This has led him to call for such examination of candidates
for the position of assistant statisticians, and also of candidates for
chiefs of sections in that division.
The work done by the Department of Agriculture is very superficially
dealt with in this communication, and I commend the report of the
Secretary and the very important interests with which it deals to the
careful attention of the Congress.
The advantages to the public service of an adherence to the principles
of civil-service reform are constantly more apparent, and nothing
is so encouraging to those in official life who honestly desire good
government as the increasing appreciation by our people of these
advantages. A vast majority of the voters of the land are ready to
insist that the time and attention of those they select to perform for
them important public duties should not be distracted by doling out
minor offices, and they are growing to be unanimous in regarding party
organization as something that should be used in establishing party
principles instead of dictating the distribution of public places as
rewards of partisan activity.
Numerous additional offices and places have lately been brought within
civil-service rules and regulations, and some others will probably soon
be included.
The report of the Commissioners will be submitted to the Congress, and
I invite careful attention to the recommendations it contains.
I am entirely convinced that we ought not to be longer without a
national board of health or national health officer charged with no
other duties than such as pertain to the protection of our country
from the invasion of pestilence and disease. This would involve the
establishment by such board or officer of proper quarantine precautions,
or the necessary aid and counsel to local authorities on the subject;
prompt advice and assistance to local boards of health or health
officers in the suppression of contagious disease, and in cases where
there are no such local boards or officers the immediate direction by
the national board or officer of measures of suppression; constant and
authentic information concerning the health of foreign countries and
all parts of our own country as related to contagious diseases, and
consideration of regulations to be enforced in foreign ports to prevent
the introduction of contagion into our cities and the measures which
should be adopted to secure their enforcement.
There seems to be at this time a decided inclination to discuss measures
of protection against contagious diseases in international conference,
with a view of adopting means of mutual assistance. The creation of such
a national health establishment would greatly aid our standing in such
conferences and improve our opportunities to avail ourselves of their
benefits.
I earnestly recommend the inauguration of a national board of health
or similar national instrumentality, believing the same to be a needed
precaution against contagious disease and in the interest of the safety
and health of our people.
By virtue of a statute of the United States passed in 1888 I appointed
in July last Hon. John D. Kernan, of the State of New York, and Hon.
Nicholas E. Worthington, of the State of Illinois, to form, with Hon.
Carroll D. Wright, Commissioner of Labor, who was designated by said
statute, a commission for the purpose of making careful inquiry into
the causes of the controversies between certain railroads and their
employees which had resulted in an extensive and destructive strike,
accompanied by much violence and dangerous disturbance, with
considerable loss of life and great destruction of property.
The report of the commissioners has been submitted to me and will be
transmitted to the Congress with the evidence taken upon their
investigation.
Their work has been well done, and their standing and intelligence give
assurance that the report and suggestions they make are worthy of
careful consideration.
The tariff act passed at the last session of the Congress needs
important amendments if it is to be executed effectively and with
certainty. In addition to such necessary amendments as will not change
rates of duty, I am still very decidedly in favor of putting coal and
iron upon the free list.
So far as the sugar schedule is concerned, I would be glad, under
existing aggravations, to see every particle of differential duty in
favor of refined sugar stricken out of our tariff law. If with all the
favor now accorded the sugar-refining interest in our tariff laws it
still languishes to the extent of closed refineries and thousands of
discharged workmen, it would seem to present a hopeless case for
reasonable legislative aid. Whatever else is done or omitted, I
earnestly repeat here the recommendation I have made in another portion
of this communication, that the additional duty of one-tenth of a cent
per pound laid upon sugar imported from countries paying a bounty on its
export be abrogated. It seems to me that exceedingly important
considerations point to the propriety of this amendment.
With the advent of a new tariff policy not only calculated to relieve
the consumers of our land in the cost of their daily life, but to invite
a better development of American thrift and create for us closer and
more profitable commercial relations with the rest of the world, it
follows as a logical and imperative necessity that we should at once
remove the chief if not the only obstacle which has so long prevented
our participation in the foreign carrying trade of the sea. A tariff
built upon the theory that it is well to check imports and that a home
market should bound the industry and effort of American producers was
fitly supplemented by a refusal to allow American registry to vessels
built abroad, though owned and navigated by our people, thus exhibiting
a willingness to abandon all contest for the advantages of American
transoceanic carriage. Our new tariff policy, built upon the theory that
it is well to encourage such importations as our people need, and that
our products and manufactures should find markets in every part of the
habitable globe, is consistently supplemented by the greatest possible
liberty to our citizens in the ownership and navigation of ships in
which our products and manufactures may be transported. The millions now
paid to foreigners for carrying American passengers and products across
the sea should be turned into American hands. Shipbuilding, which has
been protected to strangulation, should be revived by the prospect of
profitable employment for ships when built, and the American sailor
should be resurrected and again take his place--a sturdy and industrious
citizen in time of peace and a patriotic and safe defender of American
interests in the day of conflict.
The ancient provision of our law denying American registry to ships
built abroad and owned by Americans appears in the light of present
conditions not only to be a failure for good at every point, but to
be nearer a relic of barbarism than anything that exists under the
permission of a statute of the United States. I earnestly recommend
its prompt repeal.
During the last month the gold reserved in the Treasury for the purpose
of redeeming the notes of the Government circulating as money in the
hands of the people became so reduced and its further depletion in the
near future seemed so certain that in the exercise of proper care for
the public welfare it became necessary to replenish this reserve and
thus maintain popular faith in the ability and determination of the
Government to meet as agreed its pecuniary obligations.
It would have been well if in this emergency authority had existed to
issue the bonds of the Government bearing a low rate of interest and
maturing within a short period; but the Congress having failed to confer
such authority, resort was necessarily had to the resumption act of
1875, and pursuant to its provisions bonds were issued drawing interest
at the rate of 5 per cent per annum and maturing ten years after their
issue, that being the shortest time authorized by the act. I am glad
to say, however, that on the sale of these bonds the premium received
operated to reduce the rate of interest to be paid by the Government
to less than 3 per cent.
Nothing could be worse or further removed from sensible finance than the
relations existing between the currency the Government has issued, the
gold held for its redemption, and the means which must be resorted to
for the purpose of replenishing such redemption fund when impaired. Even
if the claims upon this fund were confined to the obligations originally
intended and if the redemption of these obligations meant their
cancellation, the fund would be very small. But these obligations when
received and redeemed in gold are not canceled, but are reissued and may
do duty many times by way of drawing gold from the Treasury. Thus we
have an endless chain in operation constantly depleting the Treasury's
gold and never near a final rest. As if this was not bad enough, we
have, by a statutory declaration that it is the policy of the Government
to maintain the parity between gold and silver, aided the force and
momentum of this exhausting process and added largely to the currency
obligations claiming this peculiar gold redemption. Our small gold
reserve is thus subject to drain from every side. The demands that
increase our danger also increase the necessity of protecting this
reserve against depletion, and it is most unsatisfactory to know that
the protection afforded is only a temporary palliation.
It is perfectly and palpably plain that the only way under present
conditions by which this reserve when dangerously depleted can be
replenished is through the issue and sale of the bonds of the Government
for gold, and yet Congress has not only thus far declined to authorize
the issue of bonds best suited to such a purpose, but there seems a
disposition in some quarters to deny both the necessity and power for
the issue of bonds at all.
I can not for a moment believe that any of our citizens are
deliberately willing that their Government should default in its
pecuniary obligations or that its financial operations should be reduced
to a silver basis. At any rate, I should not feel that my duty was done
if I omitted any effort I could make to avert such a calamity. As long,
therefore, as no provision is made for the final redemption or the
putting aside of the currency obligation now used to repeatedly and
constantly draw from the Government its gold, and as long as no better
authority for bond issues is allowed than at present exists, such
authority will be utilized whenever and as often as it becomes necessary
to maintain a sufficient gold reserve, and in abundant time to save the
credit of our country and make good the financial declarations of our
Government.
Questions relating to our banks and currency are closely connected with
the subject just referred to, and they also present some unsatisfactory
features. Prominent among them are the lack of elasticity in our
currency circulation and its frequent concentration in financial centers
when it is most needed in other parts of the country.
The absolute divorcement of the Government from the business of banking
is the ideal relationship of the Government to the circulation of the
currency of the country.
This condition can not be immediately reached, but as a step in that
direction and as a means of securing a more elastic currency and
obviating other objections to the present arrangement of bank
circulation the Secretary of the Treasury presents in his report a
scheme modifying present banking laws and providing for the issue of
circulating notes by State banks free from taxation under certain
limitations.
The Secretary explains his plan so plainly and its advantages are
developed by him with such remarkable clearness that any effort on my
part to present argument in its support would be superfluous. I shall
therefore content myself with an unqualified indorsement of the
Secretary's proposed changes in the law and a brief and imperfect
statement of their prominent features.
It is proposed to repeal all laws providing for the deposit of United
States bonds as security for circulation; to permit national banks to
issue circulating notes not exceeding in amount 75 per cent of their
paid-up and unimpaired capital, provided they deposit with the
Government as a guaranty fund, in United States legal-tender notes,
including Treasury notes of 1890, a sum equal in amount to 30 per cent
of the notes they desire to issue, this deposit to be maintained at
all times, but whenever any bank retires any part of its circulation
a proportional part of its guaranty fund shall be returned to it;
to permit the Secretary of the Treasury to prepare and keep on hand
ready for issue in case an increase in circulation is desired blank
national-bank notes for each bank having circulation and to repeal the
provisions of the present law imposing limitations and restrictions upon
banks desiring to reduce or increase their circulation, thus permitting
such increase or reduction within the limit of 75 per cent of capital
to be quickly made as emergencies arise.
In addition to the guaranty fund required, it is proposed to provide a
safety fund for the immediate redemption of the circulating notes of
failed banks by imposing a small annual tax, say one-half of 1 per cent,
upon the average circulation of each bank until the fund amounts to 5
per cent of the total circulation outstanding. When a bank fails its
guaranty fund is to be paid into this safety fund and its notes are to
be redeemed in the first instance from such safety fund thus augmented,
any impairment of such fund caused thereby to be made good from the
immediately available cash assets of said bank, and if these should
be insufficient such impairment to be made good by _pro rata_
assessment among the other banks, their contributions constituting
a first lien upon the assets of the failed bank in favor of the
contributing banks. As a further security it is contemplated that the
existing provision fixing the individual liability of stockholders is to
be retained and the bank's indebtedness on account of its circulating
notes is to be made a first lien on all its assets.
For the purpose of meeting the expense of printing notes, official
supervision, cancellation, and other like charges there shall be imposed
a tax of say one-half of 1 per cent per annum upon the average amount of
notes in circulation.
It is further provided that there shall be no national-bank notes issued
of a less denomination than $10; that each national bank, except in case
of a failed bank, shall redeem or retire its notes in the first instance
at its own office or at agencies to be designated by it, and that no
fixed reserve need be maintained on account of deposits.
Another very important feature of this plan is the exemption of State
banks from taxation by the United States in cases where it is shown to
the satisfaction of the Secretary of the Treasury and Comptroller of
the Currency by banks claiming such exemption that they have not had
outstanding their circulating notes exceeding 75 per cent of their
paid-up and unimpaired capital; that their stockholders are individually
liable for the redemption of their circulating notes to the full extent
of their ownership of stock; that the liability of said banks upon their
circulating notes constitutes under their State law a first lien upon
their assets; that such banks have kept and maintained a guaranty fund
in United States legal-tender notes, including Treasury notes of 1890,
equal to 30 per cent of their outstanding circulating notes, and that
such banks have promptly redeemed their circulating notes when presented
at their principal or branch offices.
It is quite likely that this scheme may be usefully amended in some of
its details, but I am satisfied it furnishes a basis for a very great
improvement in our present banking and currency system.
I conclude this communication fully appreciating that the responsibility
for all legislation affecting the people of the United States rests upon
their representatives in the Congress, and assuring them that, whether
in accordance with recommendations I have made or not, I shall be glad
to cooperate in perfecting any legislation that tends to the prosperity
and welfare of our country.
GROVER CLEVELAND.
[Footnote 9: See pp. 440-441.]
[Footnote 10: See p. 439.]
[Footnote 11: See p. 477.]
[Footnote 12: See Vol. VIII, pp. 517-518.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 6, 1894_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 24th of July,
1894, directing the Secretary of State to furnish copies of all papers,
correspondence, diplomatic or otherwise, on file in the State Department
in connection with the arrest and imprisonment at Arequipa, Peru, of
Victor H. McCord, I transmit herewith the correspondence indicated.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, December 10, 1894_.
_To the Congress of the United States_:
I transmit herewith a communication from the Secretary of State,
inclosing the report, with accompanying papers, of the commission of the
United States for the Columbian Historical Exposition in Madrid in 1892
and 1893, constituted in virtue of the act of Congress approved May 13,
1892.
GROVER CLEVELAND.
EXECUTIVE MANSION, _December 10, 1894_.
_To the Senate and House of Representatives_:
I transmit herewith the report on the Chicago strike of June and July,
1894, forwarded to me by the Strike Commission appointed July 26, 1894,
under the provisions of section 6 of chapter 1063 of the laws of the
United States, passed October 1, 1888.
The testimony taken by the commission and the suggestions and
recommendations made to it accompany the report in the form of
appendixes.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, December 11, 1894_.
_To the Senate of the United States_:
In response to the resolution of the Senate dated December 6, 1894,
requesting that copies of correspondence in regard to the claim of
Antonio Maximo Mora against the Government of Spain exchanged since my
last message to the Senate on the same subject, dated June 20, 1894,[13]
be communicated to it, if not incompatible with the public interests,
I transmit herewith the report of the Secretary of State on the matter,
with accompanying copies of correspondence.
GROVER CLEVELAND.
[Footnote 13: See p. 478.]
EXECUTIVE MANSION, _December 11, 1894_.
_To the Senate of the United States_:
I have received a copy of the following resolution of the Senate, passed
on 3d instant:
_Resolved_, That the President be requested, if in his judgment
it be not incompatible with the public interest, to communicate to
the Senate any information he may have received in regard to alleged
cruelties committed upon Armenians in Turkey, and especially whether
any such cruelties have been committed upon citizens who have declared
their intention to become naturalized in this country or upon persons
because of their being Christians.
And further, to inform the Senate whether any expostulations have been
addressed by this Government to the Government of Turkey in regard to
such matters or any proposals made by or to this Government to act in
concert with other Christian powers regarding the same.
In response to said resolution I beg leave to inform the Senate that
I have no information concerning cruelties committed upon Armenians in
Turkey or upon persons because of their being Christians, except such
information as has been derived from newspapers and statements emanating
from the Turkish Government denying such cruelties and two telegraphic
reports from our minister at Constantinople.
One of these reports, dated November 28, 1894, is in answer to an
inquiry by the State Department touching reports in the press alleging
the killing of Armenians, and is as follows:
Reports in American papers of Turkish atrocities at Sassoun are
sensational and exaggerated. The killing was in a conflict between
armed Armenians and Turkish soldiers. The grand vizier says it was
necessary to suppress insurrection, and that about fifty Turks were
killed; between three and four hundred Armenian guns were picked up
after the fight, and reports that about that number of Armenians were
killed. I give credit to his statement.
The other dispatch referred to is dated December 2, 1894, and is as
follows:
Information from British ambassador indicates far more loss of lives in
Armenia, attended with atrocities, than stated in my telegram of 28th.
I have received absolutely no information concerning any cruelties
committed "upon citizens who have declared their intention to become
naturalized in this country," or upon any persons who had a right to
claim or have claimed for any reason the protection of the United States
Government.
In the absence of such authentic detailed knowledge on the subject as
would justify our interference no "expostulations have been addressed by
this Government to the Government of Turkey in regard to such matters."
The last inquiry contained in the resolution of the Senate touching
these alleged cruelties seeks information concerning "any proposals made
by or to this Government to act in concert with other Christian powers
regarding the same."
The first proposal of the kind referred to was made by the Turkish
Government through our minister on the 30th day of November, when the
Sultan then expressed a desire that a consul of the United States be
sent with a Turkish commission to investigate these alleged atrocities
on Armenians. This was construed as an invitation on the part of the
Turkish Government to actually take part with a Turkish commission in an
investigation of these affairs and any report to be made thereon, and
the proposition came before our minister's second dispatch was received
and at a time when the best information in the possession of our
Government was derived from his first report, indicating that the
statements made in the press were sensational and exaggerated and that
the atrocities alleged really did not exist. This condition very much
weakened any motive for an interference based on considerations of
humanity, and permitted us without embarrassment to pursue a course
plainly marked out by other controlling incidents.
By a treaty entered into at Berlin in the year 1878 between Turkey and
various other governments Turkey undertook to guarantee protection to
the Armenians, and agreed that it would "periodically make known the
steps taken to this effect to the powers, who will superintend their
application."
Our Government was not a party to this treaty, and it is entirely
obvious that in the face of the provisions of such treaty above recited
our interference in the proposed investigation, especially without the
invitation of any of the powers which had assumed by treaty obligations
to secure the protection of these Armenians, might have been exceedingly
embarrassing, if not entirely beyond the limits of justification or
propriety.
The Turkish invitation to join the investigation set on foot by that
Government was therefore, on the 2d day of December, declined. On the
same day, and after this declination had been sent, our minister at
Constantinople forwarded his second dispatch, tending to modify his
former report as to the extent and character of Armenian slaughter.
At the same time the request of the Sultan for our participation in the
investigation was repeated, and Great Britain, one of the powers which
joined in the treaty of Berlin, made a like request.
In view of changed conditions and upon reconsideration of the subject
it was determined to send Mr. Jewett, our consul at Sivas, to the scene
of the alleged outrages, not for the purpose of joining with any other
government in an investigation and report, but to the end that he might
be able to inform this Government as to the exact truth.
Instructions to this effect were sent to Mr. Jewett, and it is supposed
he has already entered upon the duty assigned him.
I submit with this communication copies of all correspondence and
dispatches in the State Department on this subject and the report to me
of the Secretary of State thereon.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, January 3, 1895_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 4th ultimo,
requesting "any reports or correspondence relating to affairs at
Bluefields, in the Mosquito territory," and also information as to
"whether any American citizens have been arrested or the rights of any
American citizens at Bluefields have been interfered with during the
past two years by the Government of Nicaragua," I transmit herewith a
report from the Secretary of State, with accompanying papers.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 9, 1895_.
_To the Senate and House of Representatives_:
I submit herewith certain dispatches from our minister at Hawaii and the
documents which accompanied the same.
They disclose the fact that the Hawaiian Government desires to lease
to Great Britain one of the uninhabited islands belonging to Hawaii as
a station for a submarine telegraph cable to be laid from Canada to
Australia, with a connection between the island leased and Honolulu.
Both the Hawaiian Government and the representatives of Great Britain
in this negotiation concede that the proposed lease can not be effected
without the consent of the United States, for the reason that in our
reciprocity treaty with the King of Hawaii he agreed that as long as
said treaty remained in force he would not "lease or otherwise dispose
of or create any lien upon any port, harbor, or other territory in his
dominion, or grant any special privilege or right of use therein, to any
other power, state, or government."
At the request of the Hawaiian Government this subject is laid before
the Congress for its determination upon the question of so modifying the
treaty agreement above recited as to permit the proposed lease.
It will be seen that the correspondence which is submitted between the
Hawaiian and British negotiators negatives the existence on the part of
Hawaii of any suspicion of British unfriendliness or the fear of British
aggression.
The attention of the Congress is directed to the following statement
contained in a communication addressed to the Hawaiian Government by the
representatives of Great Britain:
We propose to inform the British Government of your inquiry whether
they would accept the sovereignty of Nicker Island or some other
uninhabited island on condition that no subsidy is required from you.
As we explained, we have not felt at liberty to entertain that question
ourselves, as we were definitely instructed not to ask for the
sovereignty of any island, but only for a lease simply for the purpose
of the cable.
Some of the dispatches from our minister, which are submitted, not
only refer to the project for leasing an uninhabited island belonging
to Hawaii, but contain interesting information concerning recent
occurrences in that country and its political and social condition.
This information is valuable because it is based upon the observation
and knowledge necessarily within the scope of the diplomatic duties
which are intrusted solely to the charge of this intelligent diplomatic
officer representing the United States Government at Hawaii.
I hope the Congress will see fit to grant the request of the Hawaiian
Government, and that our consent to the proposed lease will be promptly
accorded. It seems to me we ought not by a refusal of this request to
stand in the way of the advantages to be gained by isolated Hawaii
through telegraphic communication with the rest of the world, especially
in view of the fact that our own communication with that country would
thereby be greatly improved without apparent detriment to any legitimate
American interest.
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 11, 1895_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 19th ultimo,
requesting the record of the extradition proceedings in the case of
General Ezeta, etc., I transmit herewith a letter from the Secretary of
State, with accompanying papers.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, January 15, 1895_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State, with accompanying
papers, in response to the resolution of the Senate of the 3d instant,
requesting "all correspondence or other papers relating to the delivery
by the United States consul at Shanghai of two Japanese citizens to
the Chinese authorities," and information "whether the said Japanese
were put to death after being tortured, and whether there was any
understanding with the Chinese Government that officers of the United
States should aid, assist, and give comfort to any Japanese citizen
desiring to leave China, and whether the United States consul at Hankow
was reprimanded by Chinese officials for aiding Japanese citizens to
leave the country, and whether all information was refused to the United
States consul at Ningpo when he made inquiries as to the charges against
certain Japanese citizens arrested there."
GROVER CLEVELAND.
EXECUTIVE MANSION, _January 28, 1895_.
_To the Senate and House of Representatives_:
In my last annual message I commended to the serious consideration of
the Congress the condition of our national finances, and in connection
with the subject indorsed a plan of currency legislation which at that
time seemed to furnish protection against impending danger.[14] This plan
has not been approved by the Congress. In the meantime the situation has
so changed and the emergency now appears so threatening that I deem it
my duty to ask at the hands of the legislative branch of the Government
such prompt and effective action as will restore confidence in our
financial soundness and avert business disaster and universal distress
among our people.
Whatever may be the merits of the plan outlined in my annual message as
a remedy for ills then existing and as a safeguard against the depletion
of the gold reserve then in the Treasury, I am now convinced that its
reception by the Congress and our present advanced stage of financial
perplexity necessitate additional or different legislation.
With natural resources unlimited in variety and productive strength and
with a people whose activity and enterprise seek only a fair opportunity
to achieve national success and greatness, our progress should not be
checked by a false financial policy and a heedless disregard of sound
monetary laws, nor should the timidity and fear which they engender
stand in the way of our prosperity.
It is hardly disputed that this predicament confronts us to-day.
Therefore no one in any degree responsible for the making and execution
of our laws should fail to see a patriotic duty in honestly and
sincerely attempting to relieve the situation. Manifestly this effort
will not succeed unless it is made untrammeled by the prejudice of
partisanship and with a steadfast determination to resist the temptation
to accomplish party advantage. We may well remember that if we are
threatened with financial difficulties all our people in every station
of life are concerned; and surely those who suffer will not receive the
promotion of party interests as an excuse for permitting our present
troubles to advance to a disastrous conclusion. It is also of the utmost
importance that we approach the study of the problems presented as free
as possible from the tyranny of preconceived opinions, to the end that
in a common danger we may be able to seek with unclouded vision a safe
and reasonable protection.
The real trouble which confronts us consists in a lack of confidence,
widespread and constantly increasing, in the continuing ability or
disposition of the Government to pay its obligations in gold. This lack
of confidence grows to some extent out of the palpable and apparent
embarrassment attending the efforts of the Government under existing
laws to procure gold and to a greater extent out of the impossibility
of either keeping it in the Treasury or canceling obligations by its
expenditure after it is obtained.
The only way left open to the Government for procuring gold is by the
issue and sale of its bonds. The only bonds that can be so issued were
authorized nearly twenty-five years ago and are not well calculated to
meet our present needs. Among other disadvantages, they are made payable
in coin instead of specifically in gold, which in existing conditions
detracts largely and in an increasing ratio from their desirability as
investments. It is by no means certain that bonds of this description
can much longer be disposed of at a price creditable to the financial
character of our Government.
The most dangerous and irritating feature of the situation, however,
remains to be mentioned. It is found in the means by which the Treasury
is despoiled of the gold thus obtained without canceling a single
Government obligation and solely for the benefit of those who find
profit in shipping it abroad or whose fears induce them to hoard it at
home. We have outstanding about five hundred millions of currency notes
of the Government for which gold may be demanded, and, curiously enough,
the law requires that when presented and, in fact, redeemed and paid in
gold they shall be reissued. Thus the same notes may do duty many times
in drawing gold from the Treasury; nor can the process be arrested as
long as private parties, for profit or otherwise, see an advantage in
repeating the operation. More than $300,000,000 in these notes have
already been redeemed in gold, and notwithstanding such redemption they
are all still outstanding.
Since the 17th day of January, 1894, our bonded interest-bearing debt
has been increased $100,000,000 for the purpose of obtaining gold to
replenish our coin reserve. Two issues were made amounting to fifty
millions each, one in January and the other in November. As a result of
the first issue there was realized something more than $58,000,000 in
gold. Between that issue and the succeeding one in November, comprising
a period of about ten months, nearly $103,000,000 in gold were drawn
from the Treasury. This made the second issue necessary, and upon that
more than fifty-eight millions in gold was again realized. Between the
date of this second issue and the present time, covering a period of
only about two months, more than $69,000,000 in gold have been drawn
from the Treasury. These large sums of gold were expended without any
cancellation of Government obligations or in any permanent way
benefiting our people or improving our pecuniary situation.
The financial events of the past year suggest facts and conditions which
should certainly arrest attention.
More than $172,000,000 in gold have been drawn out of the Treasury
during the year for the purpose of shipment abroad or hoarding at home.
While nearly $103,000,000 of this amount was drawn out during the first
ten months of the year, a sum aggregating more than two-thirds of that
amount, being about $69,000,000, was drawn out during the following two
months, thus indicating a marked acceleration of the depleting process
with the lapse of time.
The obligations upon which this gold has been drawn from the Treasury
are still outstanding and are available for use in repeating the
exhausting operation with shorter intervals as our perplexities
accumulate.
Conditions are certainly supervening tending to make the bonds which may
be issued to replenish our gold less useful for that purpose.
An adequate gold reserve is in all circumstances absolutely essential to
the upholding of our public credit and to the maintenance of our high
national character.
Our gold reserve has again reached such a stage of diminution as to
require its speedy reenforcement.
The aggravations that must inevitably follow present conditions and
methods will certainly lead to misfortune and loss, not only to our
national credit and prosperity and to financial enterprise, but to those
of our people who seek employment as a means of livelihood and to those
whose only capital is their daily labor.
It will hardly do to say that a simple increase of revenue will cure our
troubles. The apprehension now existing and constantly increasing as to
our financial ability does not rest upon a calculation of our revenue.
The time has passed when the eyes of investors abroad and our people at
home were fixed upon the revenues of the Government. Changed conditions
have attracted their attention to the gold of the Government. There need
be no fear that we can not pay our current expenses with such money as
we have. There is now in the Treasury a comfortable surplus of more than
$63,000,000, but it is not in gold, and therefore does not meet our
difficulty.
I can not see that differences of opinion concerning the extent to which
silver ought to be coined or used in our currency should interfere with
the counsels of those whose duty it is to rectify evils now apparent in
our financial situation. They have to consider the question of national
credit and the consequences that will follow from its collapse. Whatever
ideas may be insisted upon as to silver or bimetallism, a proper
solution of the question now pressing upon us only requires a
recognition of gold as well as silver and a concession of its
importance, rightfully or wrongfully acquired, as a basis of national
credit, a necessity in the honorable discharge of our obligations
payable in gold, and a badge of solvency. I do not understand that the
real friends of silver desire a condition that might follow inaction or
neglect to appreciate the meaning of the present exigency if it should
result in the entire banishment of gold from our financial and currency
arrangements.
Besides the Treasury notes, which certainly should be paid in gold,
amounting to nearly $500,000,000, there will fall due in 1904 one
hundred millions of bonds issued during the last year, for which we have
received gold, and in 1907 nearly six hundred millions of 4 per cent
bonds issued in 1877. Shall the payment of these obligations in gold be
repudiated? If they are to be paid in such a manner as the preservation
of our national honor and national solvency demands, we should not
destroy or even imperil our ability to supply ourselves with gold for
that purpose.
While I am not unfriendly to silver and while I desire to see it
recognized to such an extent as is consistent with financial safety and
the preservation of national honor and credit, I am not willing to see
gold entirely banished from our currency and finances. To avert such a
consequence I believe thorough and radical remedial legislation should
be promptly passed. I therefore beg the Congress to give the subject
immediate attention.
In my opinion the Secretary of the Treasury should be authorized
to issue bonds of the Government for the purpose of procuring
and maintaining a sufficient gold reserve and the redemption and
cancellation of the United States legal-tender notes and the Treasury
notes issued for the purchase of silver under the law of July 14, 1890.
We should be relieved from the humiliating process of issuing bonds
to procure gold to be immediately and repeatedly drawn out on these
obligations for purposes not related to the benefit of our Government or
our people. The principal and interest of these bonds should be payable
on their face in gold, because they should be sold only for gold or its
representative, and because there would now probably be difficulty in
favorably disposing of bonds not containing this stipulation. I suggest
that the bonds be issued in denominations of twenty and fifty dollars
and their multiples and that they bear interest at a rate not exceeding
3 per cent per annum. I do not see why they should not be payable fifty
years from their date. We of the present generation have large amounts
to pay if we meet our obligations, and long bonds are most salable. The
Secretary of the Treasury might well be permitted at his discretion to
receive on the sale of bonds the legal-tender and Treasury notes to be
retired, and of course when they are thus retired or redeemed in gold
they should be canceled.
These bonds under existing laws could be deposited by national
banks as security for circulation, and such banks should be allowed to
issue circulation up to the face value of these or any other bonds so
deposited, except bonds outstanding bearing only 2 per cent interest and
which sell in the market at less than par. National banks should not be
allowed to take out circulating notes of a less denomination than $10,
and when such as are now outstanding reach the Treasury, except for
redemption and retirement, they should be canceled and notes of the
denomination of $10 and upward issued in their stead. Silver certificates
of the denomination of $10 and upward should be replaced by certificates
of the denominations under $10.
As a constant means for the maintenance of a reasonable supply of gold
in the Treasury, our duties on imports should be paid in gold, allowing
all other dues to the Government to be paid in any other form of money.
I believe all the provisions I have suggested should be embodied in our
laws if we are to enjoy a complete reinstatement of a sound financial
condition. They need not interfere with any currency scheme providing
for the increase of the circulating medium through the agency of
national or State banks that may commend itself to the Congress, since
they can easily be adjusted to such a scheme. Objection has been made to
the issuance of interest-bearing obligations for the purpose of retiring
the noninterest-bearing legal-tender notes. In point of fact, however,
these notes have burdened us with a large load of interest, and it is
still accumulating. The aggregate interest on the original issue of
bonds, the proceeds of which in gold constituted the reserve for the
payment of these notes, amounted to $70,326,250 on January 1, 1895, and
the annual charge for interest on these bonds and those issued for the
same purpose during the last year will be $9,145,000, dating from
January 1, 1895.
While the cancellation of these notes would not relieve us from the
obligations already incurred on their account, these figures are given
by way of suggesting that their existence has not been free from
interest charges and that the longer they are outstanding, judging from
the experience of the last year, the more expensive they will become.
In conclusion I desire to frankly confess my reluctance to issuing more
bonds in present circumstances and with no better results than have
lately followed that course. I can not, however, refrain from adding to
an assurance of my anxiety to cooperate with the present Congress in any
reasonable measure of relief an expression of my determination to leave
nothing undone which furnishes a hope for improving the situation or
checking a suspicion of our disinclination or disability to meet with
the strictest honor every national obligation.
GROVER CLEVELAND.
[Footnote 14: See pp. 553-556.]
EXECUTIVE MANSION, _January 30, 1895_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the
28th instant, the Senate concurring, I herewith return the bill (H.R.
6186) entitled "An act to pension Maria Davis."
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, February 4, 1895_.
_To the Senate of the United States_:
In response to the resolution of the Senate dated December 6, 1894,
requesting that copies of correspondence in regard to the claim of
Antonio Maximo Mora against the Government of Spain exchanged since my
last message to the Senate on the same subject, dated June 20, 1894,[15]
be communicated to it if not incompatible with the public interests, I
transmit herewith a report of the Secretary of State, inclosing copies
of further correspondence exchanged between the Governments of the
United States and Spain since the date of my last message to the Senate,
December 11, 1894.[16]
GROVER CLEVELAND.
[Footnote 15: See p. 476.]
[Footnote 16: See p. 557.]
EXECUTIVE MANSION, _Washington, February 4, 1895_.
_To the House of Representatives_:
In response to the resolution of the House of Representatives of
the 1st instant, calling for certain information touching the recent
insurrection in the Hawaiian Islands, I transmit herewith a report of
the Secretary of State, with accompanying papers.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 7, 1895_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the
2d instant, the Senate concurring, I return herewith the bill (H.R.
5377) entitled "An act granting a pension to Richard R. Knight."
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, February 7, 1895_.
_To the Senate_:
I transmit herewith, in response to a resolution of the Senate of the
16th ultimo, a report from the Secretary of State, accompanied by copies
of certain correspondence touching the enforcement of the provisions of
the tariff act of 1894.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 8, 1895_.
_To the Congress of the United States_:
Since my recent communication to the Congress calling attention to our
financial condition and suggesting legislation which I deemed essential
to our national welfare and credit[17] the anxiety and apprehension then
existing in business circles have continued.
As a precaution, therefore, against the failure of timely legislative
aid through Congressional action, cautious preparations have been
pending to employ to the best possible advantage, in default of better
means, such Executive authority as may without additional legislation be
exercised for the purpose of reenforcing and maintaining in our Treasury
an adequate and safe gold reserve.
In the judgment of those especially charged with this responsibility
the business situation is so critical and the legislative situation is
so unpromising, with the omission thus far on the part of Congress to
beneficially enlarge the powers of the Secretary of the Treasury in the
premises, as to enjoin immediate Executive action with the facilities
now at hand.
Therefore, in pursuance of section 3700 of the Revised Statutes, the
details of an arrangement have this day been concluded with parties
abundantly able to fulfill their undertaking whereby bonds of the United
States authorized under the act of July 14, 1875, payable in coin thirty
years after their date, with interest at the rate of 4 per cent per
annum, to the amount of a little less than $62,400,000, are to be issued
for the purchase of gold coin, amounting to a sum slightly in excess of
$65,000,000, to be delivered to the Treasury of the United States, which
sum added to the gold now held in our reserve will so restore such
reserve as to make it amount to something more than $100,000,000. Such a
premium is to be allowed to the Government upon the bonds as to fix the
rate of interest upon the amount of gold realized at 3-3/4 per cent per
annum. At least one-half of the gold to be obtained is to be supplied
from abroad, which is a very important and favorable feature of the
transaction.
The privilege is especially reserved to the Government to substitute
at par within ten days from this date, in lieu of the 4 per cent coin
bonds, other bonds in terms payable in gold and bearing only 3 per cent
interest if the issue of the same should in the meantime be authorized
by the Congress.
The arrangement thus completed, which after careful inquiry appears in
present circumstances and considering all the objects desired to be
the best attainable, develops such a difference in the estimation of
investors between bonds made payable in coin and those specifically
made payable in gold in favor of the latter as is represented by
three-fourths of a cent in annual interest. In the agreement just
concluded the annual saving in interest to the Government if 3 per cent
gold bonds should be substituted for 4 per cent coin bonds under the
privilege reserved would be $539,159 amounting in thirty years, or at
the maturity of the coin bonds, to $16,174,770.
Of course there never should be a doubt in any quarter as to the
redemption in gold of the bonds of the Government which are made payable
in coin. Therefore the discrimination, in the judgment of investors,
between our bond obligations payable in coin and those specifically made
payable in gold is very significant. It is hardly necessary to suggest
that, whatever may be our views on the subject, the sentiments or
preferences of those with whom we must negotiate in disposing of our
bonds for gold are not subject to our dictation.
I have only to add that in my opinion the transaction herein detailed
for the information of the Congress promises better results than the
efforts previously made in the direction of effectively adding to our
gold reserve through the sale of bonds, and I believe it will tend,
as far as such action can in present circumstances, to meet the
determination expressed in the law repealing the silver-purchasing
clause of the act of July 14, 1890, and that, in the language of such
repealing act, the arrangement made will aid our efforts to "insure the
maintenance of the parity in value of the coins of the two metals and
the equal power of every dollar at all times in the markets and in the
payment of debts."
GROVER CLEVELAND.
[Footnote 17: See pp. 561-565.]
EXECUTIVE MANSION, _February 8, 1895_.
_To the Senate and House of Representatives_:
I transmit herewith, for the information of the Congress, a copy of
a telegraphic dispatch just received from Mr. Willis, our minister to
Hawaii, with a copy of the reply thereto which was immediately sent by
the Secretary of State.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 11, 1895_.
_To the Senate_::
On the 8th day of January I received a copy of the following Senate
resolution:
_Resolved_, That the President be requested, if not incompatible
with the public interests, to communicate to the Senate all reports,
documents, and other papers, including logs of vessels, relating to the
enforcement of the regulations respecting fur seals adopted by the
Governments of the United States and Great Britain in accordance with
the decision of the Tribunal of Arbitration convened at Paris and the
resolutions under which said reports are required to be made, as well
as relating to the number of seals taken during the season of 1894
by pelagic hunters and by the lessees of the Pribilof and Commander
islands; also relating to the steps which may have been taken to extend
the said regulations to the Asiatic waters of the North Pacific Ocean
and Bering Sea and to secure the concurrence of other nations in
said regulations, and, further, all papers not heretofore published,
including communications of the agent of the United States before said
tribunal at Paris, relating to the claims of the British Government on
account of the seizure of the sealing vessels in Bering Sea.
In compliance with said request I herewith transmit sundry papers,
documents, and reports which have been returned to me by the Secretary
of State, the Secretary of the Treasury, and the Secretary of the Navy,
to whom said resolution was referred. I am not in possession of any
further information touching the various subjects embodied in such
resolution.
It will be seen from a letter of the Secretary of the Navy accompanying
the papers and documents sent from his Department that it is impossible
to furnish at this time the complete log books of some of the naval
vessels referred to in the resolution, but I venture to express the hope
that the reports of the commanders of such vessels herewith submitted
will be found to contain in substance so much of the matters recorded in
said log books as are important in answering the inquiries addressed to
me by the Senate.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, February 12, 1895_.
_To the Senate and House of Representatives_:
I transmit herewith, for the information of the Congress, a
communication from the Secretary of State, covering the report of the
Director of the Bureau of the American Republics for the year 1894.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 14, 1895_.
_To the Senate and House of Representatives_:
I transmit herewith the eighth special report of the Commissioner of
Labor, which relates to "the housing of the working people" in different
countries.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, February 26, 1895_.
_To the Senate_:
I transmit herewith, in response to a resolution of the Senate of the
29th ultimo, a report from the Secretary of State, accompanied by copies
of correspondence touching Samoan affairs.
GROVER CLEVELAND.
VETO MESSAGES.
EXECUTIVE MANSION, _January 14, 1895_.
_To the House of Representatives_:
I herewith return without my approval House bill No. 7451, entitled
"An act to authorize the entry of land for gravel pits and reservoir
purposes and authorizing the grant of right of way for pipe lines."
The first section of this bill permits the sale to railroad companies,
in the discretion of the Secretary of the Interior, under certain
restrictions and at an appraised value, certain public lands to be used
by said companies for gravel pits or the construction of reservoirs. It
also permits grants of the right of way for pipe lines connecting such
reservoirs with the railways of said companies.
The second, third, and fourth sections of the bill relate to the
purchase by any citizen of the United States, or any association of
citizens, or any ditch or water company, of public lands suitable for
reservoir purposes at such a price as the Secretary of the Interior
shall prescribe, not less than $2 per acre.
The right to purchase these lands is given by the sections last referred
to "under rules and regulations prescribed by the Secretary of the
Interior."
I think the expediency and propriety of disposing of these lands for the
purposes specified should in each case be determined by the Secretary of
the Interior, as well as the rules and regulations governing such
disposition.
The objections to the bill, however, which appear to be the most serious
are found in its fifth and last section, which provides:
That any State or any county or district organization duly organized
under the laws of any State or Territory may apply for any of the
storage-reservoir sites not reserved by the United States, situated on
unentered public lands, for the storage of water for irrigating, mining,
or other useful purposes, whereupon the Secretary of the Interior shall
set aside and withdraw from public sale or other disposition such site
or sites and permit the use thereof for either or all of such purposes.
These provisions do not seem to be in harmony with prior laws by which,
under certain conditions, arid lands may be conveyed to States for the
purpose of irrigation, and it is not clear what is intended by the words
"any of the storage-reservoir sites not reserved by the United States."
The apparent purpose and effect of the section is to give to the
organizations mentioned the right to select such land as may present
eligible reservoir sites not reserved and upon unentered lands, and
demand of the Secretary of the Interior a grant of the same, leaving
no discretion on the subject to him or to any other officer of the
Government; and these grants are to be made without any compensation
to the Government and without any specific requirement of the amount
or kind of work to be done or improvements to be made upon such sites.
The grants may be demanded not only for the storage of water for
irrigating purposes, but for "mining and other useful purposes."
Inasmuch as no officer of the Government is vested with any discretion
in the premises, the pretext that the "purpose" to be accomplished is
"useful" might result in the use of these sites in a manner prejudicial
to the surrounding public domain and destructive of the utilization of
such sites for irrigating purposes.
The wise and prudent safeguards which have been incorporated in
other legislation relating to the disposition of arid public lands and
their irrigation seem to have been to such an extent overlooked in the
construction of the bill under consideration that, in my judgment, if
it should become the law a beneficent policy which the Government has
entered upon in the interest of agriculture would be seriously
endangered.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 1, 1895_.
_To the Senate_:
I herewith return without my approval Senate bill No. 2338, entitled
"An act granting to the Gila Valley, Globe and Northern Railway Company a
right of way through the San Carlos Indian Reservation, in the Territory
of Arizona."
The reservation through which it is proposed to construct a railroad
under the provisions of this bill is inhabited by tribes of Indians
which in the past have been most troublesome and whose depredations
on more than one occasion have caused loss of life, destruction of
property, and serious alarm to the people of the surrounding country;
and their condition as to civilization is not now so far improved as
to give assurance that in the future they may not upon occasion make
trouble.
The discontent among the Indians which has given rise to disturbances
in the past has been largely caused by trespass upon their lands and
interference with their rights by the neighboring whites. I am in
very great doubt whether in any circumstances a road through their
reservation should at this time be permitted, and especially since the
route, which is rather indefinitely described in the bill, appears to
pass through the richest and most desirable part of their lands. In
any event, I am thoroughly convinced that the construction of the road
should not be permitted without first obtaining the consent of these
Indians. This is a provision which has been insisted upon, so far as
I am aware, in all the like bills which have been approved for a long
time, and I think it should especially be inserted in this bill if, even
upon any conditions, it is thought expedient to permit a railroad to
traverse this reservation.
The importance of this consent does not rest solely upon the extent to
which the Indians have the right of ownership over this land. The fact
that the procurement of this consent is the most effective means of
allaying the discontent which might arise and perhaps develop into a
train of lamentable and destructive outbreaks of violence particularly
emphasizes its importance.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 5, 1895_.
_To the House of Representatives_:
I return herewith without approval House bill No. 5368, entitled "An act
for the relief of H.W. McConnell."
The reports of both the Senate and House committees, which favorably
reported this bill, disclose an intention to partially relieve the
former postmaster at Jacksboro, in the State of Texas, from liability
on account of two remittances of postal funds which he dispatched at
different times during the year 1883 to be deposited at Dallas, in the
same State, and which were lost by robberies of the stage conveying
the same. In dealing with the first remittance the committees report
that the postmaster should be relieved of liability to the amount of
only $94, the loss of the remainder of the money being chargeable to
his neglect and violation of postal regulations. As to the second
remittance, the committees report that by reason of like neglect and
violation of regulations the postmaster should be held responsible
for the loss of all the money transmitted except the sum of $42.
For these two sums, amounting to $136, an appropriation is made for the
benefit of H.W. McConnell.
The name of the postmaster intended to be relieved is H.H. McConnell, as
appears by the records of the Post-Office Department. The person to whom
the money appropriated should be paid is therefore not correctly named
in the bill.
An examination of this postmaster's accounts discloses the further fact
that the amount proposed to be appropriated for his relief is too large
by $42, that being the sum allowed him by reason of the second stage
robbery. This item has already been credited to him in the adjustment
of his accounts at the Post-Office Department, and the claim for its
reimbursement has been thereby extinguished.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 12, 1895_.
_To the Senate_:
I return herewith without approval Senate bill No. 143, entitled "An act
for the relief of the heirs of D. Fulford."
This bill directs the Secretary of the Treasury "to redeem, in favor of
the heirs at law of D. Fulford, four bonds of the United States, consols
of 1867, of the denomination of $500, $100, $50, and $50, and known as
five-twenties, said bonds having been destroyed by fire the 9th day of
July, 1872, and to pay to the heirs at law of said D. Fulford the amount
of said bonds, together with accrued interest from July 1, 1872, to the
date of the maturity of said bonds."
The bill further provides that the heirs to whom the payment is to be
made shall execute and file with the Secretary of the Treasury a bond
"conditioned to save harmless the United States from loss or liability
on account of said bonds or the interest accrued thereon, and to contain
such words as to cover any liability resulting from any mistake in the
designation or description of the bonds, so that in no event shall the
United States be called upon by a rightful claimant for a second payment
thereof."
The proposition is that the Government shall pay bonds alleged to have
been destroyed by fire nearly twenty-three years ago.
The Secretary of the Treasury states that an application for the
payment of these bonds, made by Mr. Fulford himself, was rejected by
the Department because he was unable to describe the bonds in such a
way as to permit their identification and because the evidence of their
destruction by fire was inconclusive.
The Senate Committee on Claims, however, in their report on the bill
under consideration, state that they are entirely satisfied that Mr.
Fulford was the owner of four Government bonds, one for $500, one for
$100, and two for $50, and that they were burned with his residence,
which was destroyed by fire on the 9th day of July, 1872, and that
while he could not furnish the numbers or descriptions of said bonds
he understood all these bonds were of the class known as consols of
1867, and that he had collected the coupons thereon for the interest
due July 1, 1872.
The particular class of bonds mentioned were dated July 1, 1867, and
were payable or redeemable not less than five nor more than twenty years
from their date. The short period expired, therefore, on the 1st day of
July, 1872. That was the date when the last coupons on Mr. Fulford's
bonds, which it is alleged were detached and collected, became due, and
only nine days before the supposed destruction of the bonds by fire.
A letter from the Secretary of the Treasury dated July 20, 1892,
attached to the report of the Senate committee made upon a bill similar
to this which was pending at that time, discloses the fact that among
the consols of 1867 then outstanding there were 107 of the denomination
of $500, 167 of the denomination of $100, and 85 of the denomination
of $50. This statement merely shows that there were numerous bonds
precisely similar to those described as belonging to Mr. Fulford which
had not in July, 1892, been redeemed, though the extreme limit of
their maturity expired on the 1st day of July, 1887. The letter of
the Secretary further discloses, however, that there were two of
these outstanding bonds of the denomination of $500 and two of the
denomination of $100 upon which coupons of interest had not been paid
since July 1, 1872. Of course this lends plausibility to the suggestion
that two of these four bonds, one of each denomination, were those
destroyed when Mr. Fulford's house was burned in July, 1872; but this
suggestion loses its force under the additional statement in the letter
of the Secretary of the Treasury that in July, 1892, there were no
consols of 1867 of the denomination of $50 whose last coupon was paid
July 1, 1872. This shows conclusively that no fifty-dollar bonds of this
class were destroyed by fire in Mr. Fulford's house and casts great
uncertainty upon the description of the other bonds, inasmuch as the
theory of the claimants seems to be that all the bonds destroyed
belonged to the same class.
In 1893, upon an examination of the records of the Treasury Department,
it was found that the two unpaid bonds for $500 reported in 1892 as
outstanding, from which no coupons had been paid since July 1, 1872,
still remained unredeemed, but that one of the two one-hundred-dollar
bonds which were in that condition in 1892 had been since that time paid
and canceled. I think it must be conceded that this late redemption of
this bond greatly weakens any presumption that the other three will not
be presented for payment.
It is perfectly clear that so far as this bill directs the payment to
the persons therein named of two consols of 1867 of the denomination of
$50 each on the ground that such bonds were destroyed by fire in July,
1872, it requires the payment of money to those not entitled to it,
since it is shown that these consols could not have been destroyed at
the time stated, because coupons due on all consols of that denomination
unredeemed have been paid since that date.
While the objections to the payment of the amount of the other two bonds
mentioned in the bill are less conclusive, there seem to be so much
doubt and uncertainty concerning their description and character, and
their identification as unredeemed consols of 1867 is so unsatisfactory,
that, in my opinion, it is not safe to assume, as is done in this bill,
that they are represented among those bonds of that class recorded as
still outstanding whose coupons for some reason have not been presented
for payment since July 1, 1872.
I do not believe that an indemnity bond could be drawn which, as against
the strict rights of sureties, would protect the Government against
double liability in case all the payments directed by this bill were
made. Even if the payments were confined to the two larger consols
described, there would be great difficulty in framing a bond which would
surely indemnify the Government.
There should always be a willingness to save the holders of Government
securities from damage through their loss or destruction, but, in my
judgment, a bad precedent would be established by paying obligations
whose destruction and identification are not more satisfactorily
established than in this case.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 19, 1895_.
_To the House of Representatives_:
I return herewith without approval House bill No. 6244, entitled "An act
to remove the charge of desertion from the military record of Jacob
Eckert."
This bill directs the Secretary of War "to cause the records of the War
Department to be so amended as to remove the charge of desertion from
the service record of Jacob Eckert, of New Philadelphia, Ohio, late a
private in Company B, Sixty-first Ohio Volunteer Infantry, and to grant
an honorable discharge to said Jacob Eckert from the service of the
United States Army as of date when said company was mustered out of
service."
The regiment and company to which this soldier belonged, except such
members as reenlisted as veterans, were mustered out of the service
October 17, 1864.
Jacob Eckert did not reenlist and was not mustered out with his comrades
for the reason that he was then under arrest on a charge of desertion.
In November, 1864, he was tried by a general court-martial and convicted
of having deserted on the 1st of September, 1864, and again on the 2d
day of September, 1864, and upon such conviction he was sentenced to
forfeit all pay due him from September 1, the date of his first
desertion, until the expiration of his term of service, to be
dishonorably discharged and confined at hard labor for twelve months.
This sentence was approved by the reviewing authority, and I assume the
convicted soldier served his term of imprisonment, since the statement
contained in the report of the House committee to whom this bill was
referred that he was dishonorably discharged in 1865 can be accounted
for in no other way.
It seems to me that the provisions of this bill amount to a legislative
reversal of the judgment of a regularly constituted court and a
legislative pardon of the offense of which this soldier was convicted.
If this doubtful authority is to be exercised by Congress, it should be
done in such a manner as not to restore a man properly convicted and
sentenced as a deserter, without even the allegation of injustice,
to the rights of pay, allowance, and pension belonging to those who
faithfully and honorably served in the military service of their
country according to the terms of their enlistment.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 20, 1895_.
_To the Senate_:
I return herewith without approval Senate bill No. 1526, entitled "An
act for the relief of Henry Halteman."
This bill directs the Secretary of War "to grant an honorable discharge
from the United States service to Henry Halteman, late of Company F,
Second United States Artillery."
It is conceded that this soldier enlisted in the Regular Army on the
18th day of December, 1860, for the term of five years and that he
deserted on the 18th day of August, 1865. The only excuse or palliation
offered for his offense is found in the statement that his desertion
was provoked by his company's being ordered to California so near the
termination of his enlistment that his term would have expired before
or soon after his company could have reached California, and "that his
return would have been both tedious and somewhat perilous, if not
expensive."
The fact must not be overlooked that this soldier enlisted in the
Regular Army and that his term had no relation to the duration of the
war or the immediate need of the Government for troops at the time of
his desertion. The morale and discipline of the Regular Army are
therefore directly involved in the proposed legislation.
The soldier's name remained on the records of the War Department as
a deserter at large for twenty-three years, and until the year 1888.
In August of that year application was made to the Department for the
removal of the charge of desertion against him, which was refused on
the ground that it was not shown that such charge was founded in error.
Thereupon he applied for a discharge without character, as it is called,
as of the date of his desertion. This was granted on the 21st day of
September, 1888. Such discharges, which were not uncommon at that time,
omitted the certificate of character which entitled the soldier to
reenlistment.
In 1892 a bill similar to that now under consideration was referred
to the Adjutant-General of the Army and was returned with an adverse
report.
The record of the War Department on the subject of this soldier's
separation from the Army is absolutely correct as it stands, and no
sufficient reason is apparent why another record should be substituted.
If this deserter is to be allowed an honorable discharge, I do not see
why every deserter should not be absolved from the consequences of his
unfaithfulness.
The effect of this bill if it should become a law would be to allow
the beneficiary not only a pensionable status, but arrears of pay and
clothing allowances up to the date of his desertion and travel allowance
from the place of his desertion to the place of his enlistment.
It is not denied that all these things have been justly forfeited by
deliberate and inexcusable desertion. In the case presented it seems to
me that the laws and regulations adopted for the purpose of maintaining
the discipline and efficiency of the Army ought not to be set aside.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 23, 1895_.
_To the House of Representatives_:
I return herewith without approval House bill No. 8165, entitled "An
act authorizing the Kansas City, Oklahoma and Pacific Railway Company
to construct and operate a railway through Indian reservations in the
Indian Territory and the Territories of Oklahoma and New Mexico, and
for other purposes."
This bill contains concessions more comprehensive and sweeping than
any ever presented for my approval, and it seems to me the rights and
interests of the Indians and the Government are the least protected.
The route apparently desired, though passing through or into one State
and three Territories, is described as indefinitely as possible, and
does not seem to be subject to the approval in its entirety of the
Secretary of the Interior or any other governmental agency having
relation to the interest involved.
There is no provision for obtaining the consent of the Indians through
whose territory and reservations the railroad may be located.
Though it is proposed to build the railroad through territories having
local courts convenient to their inhabitants, all controversies that may
arise out of the location and building of the road are by the provisions
of the bill to be passed upon by the United States circuit and district
courts for the district of Kansas "and such other courts as may be
authorized by Congress."
The bill provides that "the civil jurisdiction of said courts is
hereby extended within the limits of said Indian reservations, without
distinction as to citizenship of the parties, so far as may be necessary
to carry out the provisions of this act." This provision permits the
subordination of the jurisdiction of Indian courts, which we are bound
by treaty to protect, to the "provisions of this act" and to the
interests and preferences of the railroad company for whose benefit the
bill under consideration is intended.
A plan of appraisal is provided for in the bill in case an agreement
can not be reached as to the amount of compensation to be paid for the
taking of lands held by individual occupants according to the laws,
customs, and usages of any of the Indian nations or tribes or by
allotment or agreement with the Indians. It is, however, further
provided that in case either party is dissatisfied with the award of the
referees to be appointed an appeal may be taken to the district court
held at Wichita, Kans., no matter where on the proposed route of the
road the controversy may originate. If upon the hearing of said appeal
the judgment of the court shall be for the same sum as the award of the
referees, the costs shall be adjudged against the appellant, and if said
judgment shall be for a smaller sum the costs shall be adjudged against
the party claiming damages. It does not seem to me that the interests of
an Indian occupant or allottee are properly regarded when he is obliged,
if dissatisfied with an award for the taking of his land, to go to the
district court of Kansas for redress, at the risk of incurring costs and
expenses that may not only exceed the award originally made to him, but
leave him in debt.
It is probable that there are other valid objections to this bill.
I have only attempted to suggest enough to justify my action in
disapproving it.
In constructing legislation of this description it should not be
forgotten that the rights and interests of the Indians are important in
every view and should be scrupulously protected.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 23, 1895_.
_To the House of Representatives_:
I return herewith without approval House bill No. 5740, entitled "An act
incorporating the Society of American Florists."
No sufficient reason is apparent for the incorporation of this
organization under Federal laws. There is not the least difficulty in
the way of the accomplishment under State laws by the incorporators
named in the bill of every purpose which can legitimately belong to
their corporate existence. The creation of such a corporation by a
special act of Congress establishes a vexatious and troublesome
precedent.
There appears to be no limit in the bill to the value of the real and
personal property which the proposed corporation may hold if acquired
by donation or bequest. The limit of $50,000 applies only to property
acquired by purchase.
A conclusive objection to the bill is found in the fact that it fails to
carry out the purposes and objects of those interested in its passage.
The promoters of the bill are florists, who undoubtedly seek to advance
floriculture. The declared object of the proposed incorporation is,
however, stated in the bill to be "the elevation and advancement of
horticulture in all its branches, to increase and diffuse the knowledge
thereof, and for kindred purposes in the interest of horticulture."
It is entirely clear that the interests of florists would be badly
served by a corporation confined to the furtherance of garden culture.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 23, 1895_.
_To the House of Representatives_:
I return herewith without approval House bill No. 4658, entitled "An act
granting a pension to Hiram R. Rhea and repealing an act approved March
3, 1871."
The person named in the title of this bill was pensioned under the
provisions of a private act passed March 3, 1871. In 1892 a letter from
the Commissioner of Pensions was presented to Congress exhibiting facts
which established in a most satisfactory manner that the claim for
pension allowed by said special act was a barefaced and impudent fraud,
supported by deliberate perjury. This letter appears to be the moving
cause of the passage of the bill now before me. Payment of pension under
the fraudulent act has been suspended since January 28, 1893, and since
that time no information has been received from the fraudulent pensioner.
The circumstances developed called for the repeal of the law of 1871
lacing him upon the pension roll. This is accomplished in the second
section of the bill under consideration, which section I would be glad
to approve. This repeal, however, is accompanied by a provision in the
first section of the bill directing the Secretary of the Interior to
place upon the pension roll this identical fraudulent pensioner, under
a certificate numbered precisely the same as that heretofore issued to
him, "at a rate proportionate to the degree of disability from such
gunshot wounds as may be shown to the satisfaction of said Secretary to
have been received at the hands of Confederate soldiers or sympathizers
while said Rhea was attempting to cooperate with the Union forces," etc.
Inasmuch as the letter of the Commissioner of Pensions to which
reference has been made, and which forms part of the committee's report
on this bill, is the basis of this repealing provision, and inasmuch as
this letter furnishes evidence that the pensioner was when injured a
very disreputable member of a band of armed rebels and was wounded by
Union soldiers, I can not understand why the same bill which for this
reason purges the pension rolls of his name should in the same breath
undo this work and direct his name to be rewritten on the rolls.
If the facts before Congress justify the repeal of the law under which
this man fraudulently received a pension for nearly twenty-two years,
they certainly do not justify the provision directing his name to be put
on the rolls again with a view to further examination of his case or for
any other purpose.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 27, 1895_.
_To the House of Representatives_:
I return herewith without approval House bill No. 2051, entitled "An act
to grant a pension to Eunice Putman."
This bill provides for a pension to the beneficiary therein named as the
helpless daughter of John Putman, who served as a private in the War of
the Rebellion from August 27, 1864, to June 2, 1865. In 1870, when the
beneficiary was not 2 years old, her mother died, and her father married
again in 1872. He applied for a pension in 1884, but died the same year.
His claim was allowed, however, in 1891, and his pension which had
accrued between the date of his application and his death was paid to
his widow, Jeanette S. Putman. Immediately thereafter a pension was
allowed the widow in her own right, dating from the soldier's death, in
1884, with $2 additional per month for each of the two minor children.
The beneficiary was not included because she had reached the age of 16
years prior to her father's death.
The report of the committee to whom this bill was referred states that
no claim for pension on account of the soldier's death has ever been
filed in the Pension Bureau, and it seems that upon this theory it was
proposed to pension the daughter. I do not suppose it was intended that
a double pension should be allowed. In point of fact, the widow has
already been pensioned, and no such pension allowance has been made for
the minor children. There is no suggestion that the widow has died or
remarried.
If this bill should become a law, two full pensions would be in force at
the same time, one to the widow and another to the daughter, each
predicated upon the services and death of the same soldier.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 27, 1895_.
_To the House of Representatives_:
I herewith return without approval House bill No. 6868, entitled "An act
for the relief of Catherine Ott, widow of Joseph Ott."
An application by the beneficiary named in this bill, under the law of
1890, was rejected on the ground that her husband died in the service,
and therefore had not been honorably discharged, as required by that
law.
It appears that after he had served a number of years in a cavalry
regiment, and having been once discharged for reenlistment, he was
transferred to the Veteran Reserve Corps and was in that service at the
time of his death.
In these circumstances the rejection of the beneficiary's claim on the
ground stated is held, under present rulings of the Pension Bureau, to
have been erroneous, and such claim can now be favorably adjudicated
upon proof of continued widowhood of the applicant and the lack of other
means of support than her daily labor.
If such proof is supplied, she would be entitled to a pension dating
from July 14, 1890, which would be much more advantageous than the
relief afforded by the bill herewith returned.
If the beneficiary can justly claim a pension dating from her
application to the Pension Bureau in 1890, the benefits accruing to her
therefrom should not be superseded by this special legislation, which
allows relief only from the date of its enactment.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 28, 1895_.
_To the House of Representatives_:
I herewith return without approval House bill No. 8681, entitled "An act
authorizing the Arkansas Northwestern Railway Company to construct and
operate a railway through the Indian Territory, and for other purposes."
The contemplated route of this railway, so far as it is disclosed in the
bill, would run from a point in the southwestern corner of the State of
Missouri, across the northeastern corner of the Indian Territory, to
a point in the southeastern part of the State of Kansas. This route
necessarily runs through the lands of the Cherokee Indians or through
the small reservations of the Quapaws, the Peorias, the Ottawas, the
Wyandottes, and the Senecas.
There is no provision in the bill requiring the consent of the Indians
whose lands are to be thus traversed.
There is no provision requiring the entire line to be located and
approved by the Secretary of the Interior before the work of building
is commenced.
The bill provides for compensation to individual occupants or allottees
by a process of appraisal by referees, with the right of appeal to the
district court held at Fort Smith, in the State of Arkansas.
In the case of allotted land or land held in individual occupancy by
the Indians great care should be exercised in interfering with their
holdings. Their land is given them for cultivation and with a view of
making them self-supporting and industrious citizens. If their land is
invaded and cut up by railroads, the purpose of allotment is in danger
of being defeated. Money compensation is of but little use to them, and
no amount can compensate for the disturbance in the cultivation of their
lands and their consequent discontent and discouragement.
These considerations, it seems to me, emphasize the necessity of the
exact location of the entire line of the contemplated railroad and such
control over it by the Secretary of the Interior as will enable him to
avoid as much as possible interference with individual Indian occupants
and other difficulties.
This supervision and regulation of the line can be done with much more
safety and effectiveness in considering the entire line than it can be
done in sections of 25 miles each, as is provided in the bill.
The United States circuit and district courts for the districts of
Kansas and the district of Arkansas and such other courts as may
be authorized by Congress are given concurrent jurisdiction of all
controversies arising between the railway company and the nations
and tribes of Indians through whose territory the railway shall be
constructed, or between said company and the members of said nations or
tribes, without reference to the amount in controversy, and the civil
jurisdiction of said courts is extended within the limits of said Indian
Territory, without distinction as to the citizenship of parties, so far
as may be necessary to carry out the provisions of the act.
The requirement that an Indian shall be obliged to seek a distant court
for the adjudication of his rights in his controversies, great and
small, with this railway company would result in many cases to a denial
of justice.
I am convinced of the growing necessity, in this period of change in our
relations with the Indians, of caution and certainty in the grants given
to railroads to pass through Indian lands and of the exercise of care in
allowing interference with their occupation.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 28, 1895_.
_To the House of Representatives_:
I herewith return without approval House bill No. 5624, entitled "An act
to authorize the Oklahoma Central Railroad to construct and operate a
railway through the Indian and Oklahoma Territories, and for other
purposes."
The railroad proposed to be built under authority of this bill commences
at a point in the Creek Nation called Sapulpa and runs through the
Indian Territory to Oklahoma City, in Oklahoma, and thence through the
Kiowa and Comanche Reservation to a point at or near the Red River, on
the west line of said reservation.
There is no provision in this bill requiring the consent of the Indians
through whose lands it is proposed to build the road.
The character and situation of these Indians are such as to make this
consent important.
The first section gives the railroad company the right to build not only
its line of road, but "such tracks, turn-outs, branches, sidings, and
extensions as said company may deem it to their interest to construct."
If under an apparent grant to build a railroad the route of which is
in a general way defined this company is to be allowed to build such
branches and extensions as it may deem it to its interest to construct,
the grant, I am sure, is more comprehensive than was intended by the
Congress.
It seems to me that the entire line of the proposed railroad should be
precisely located and subjected to the approval of the Secretary of the
Interior before the work of construction is entered upon. This bill
provides that it shall be approved in sections of 25 miles before
construction on such sections shall be commenced.
Our relations to the Indians on reservations and their welfare and quiet
are better preserved and protected when the entire line of road can be
settled upon at one time and all uncertainty and doubt on the subject
removed. The object sought by submitting the line to the supervision and
determination of the Secretary of the Interior can be better and more
intelligently accomplished if it is dealt with in its entirety instead
of in sections.
GROVER CLEVELAND.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The following provisions of the laws of the United States are hereby
published for the information of all concerned:
Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that--
No person shall kill any otter, mink, marten, sable, or fur seal, or
other fur-bearing animal within the limits of Alaska Territory or in
the waters thereof; and every person guilty thereof shall for each
offense be fined not less than $200 nor more than $1,000, or imprisoned
not more than six months, or both; and all vessels, their tackle,
apparel, furniture, and cargo, found engaged in violation of this
section shall be forfeited; but the Secretary of the Treasury shall
have power to authorize the killing of any such mink, marten, sable, or
other fur-bearing animal, except fur seals, under such regulations as
he may prescribe; and it shall be the duty of the Secretary to prevent
the killing of any fur seal and to provide for the execution of the
provisions of this section until it is otherwise provided by law, nor
shall he grant any special privileges under this section.
Section 3 of the act entitled "An act to provide for the protection of
the salmon fisheries of Alaska," approved March 2, 1889, provides--
SEC. 3. That section 1956 of the Revised Statutes of the United
States is hereby declared to include and apply to all the dominion
of the United States in the waters of Bering Sea; and it shall be the
duty of the President at a timely season in each year to issue his
proclamation, and cause the same to be published for one month in at
least one newspaper (if any such there be) published at each United
States port of entry on the Pacific coast, warning all persons against
entering said waters for the purpose of violating the provisions of
said section; and he shall also cause one or more vessels of the United
States to diligently cruise said waters and arrest all persons and
seize all vessels found to be or to have been engaged in any violation
of the laws of the United States therein.
Now, therefore, I, Grover Cleveland, President of the United States,
hereby warn all persons against entering the waters of Bering Sea within
the dominion of the United States for the purpose of violating the
provisions of said section 1956 of the Revised Statutes; and I hereby
proclaim that all persons found to be or to have been engaged in any
violation of the laws of the United States in said waters will be
arrested, proceeded against, and punished as above provided.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 18th day of February, A.D. 1895,
and of the Independence of the United States the one hundred and
nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas an act of Congress entitled "An act to postpone the enforcement
of the act of August 19, 1890, entitled 'An act to adopt regulations for
preventing collisions at sea,'" was approved February 23, 1895:
Now, therefore, I, Grover Cleveland, President of the United States
of America, do hereby give notice that said act of August 19, 1890, as
amended by the act of May 28, 1894, will not go into force on March 1,
1895, the date fixed in my proclamation of July 13, 1894,[18] but on such
future date as may be designated in a proclamation of the President to
be issued for that purpose.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States of America to be affixed.
[SEAL.]
Done at the city of Washington, this 25th day of February, 1895, and of
the Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
W.Q. GRESHAM,
_Secretary of State_.
[Footnote 18: See pp. 501-510.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to section 1 of the act of Congress approved July 13,
1892, entitled "An act making appropriations for the current and
contingent expenses of the Indian Department and for fulfilling treaty
stipulations with various Indian tribes for the fiscal year ending June
30, 1893, and for other purposes," certain articles of agreement were
made and concluded at the Yankton Indian Agency, S. Dak., on the 31st
day of December, 1892, by and between the United States of America
and the Yankton tribe of Sioux or Dakota Indians upon the Yankton
Reservation, whereby the said Yankton tribe of Sioux or Dakota Indians,
for the consideration therein mentioned, ceded, sold, relinquished,
and conveyed to the United States all their claim, right, title, and
interest in and to all the unallotted lands within the limits of the
reservation set apart to said tribe by the first article of the treaty
of April 19, 1858, between said tribe and the United States; and
Whereas it is further stipulated and agreed by article 8 that such part
of the surplus lands by said agreement ceded and sold to the United
States as may be occupied by the United States for agency, schools, and
other purposes shall be reserved from sale to settlers until they are no
longer required for such purposes, but all of the other lands so ceded
and sold shall immediately after the ratification of the agreement by
Congress be offered for sale through the proper land office, to be
disposed of under the existing land laws of the United States to actual
and _bona fide_ settlers only; and
Whereas it is also stipulated and agreed by article 10 that any
religious society or other organization shall have the right for two
years from the date of the ratification of the said agreement within
which to purchase the lands occupied by it under proper authority for
religious or educational work among the Indians, at a valuation fixed by
the Secretary of the Interior, which shall not be less than the average
price paid to the Indians for the surplus lands; and
Whereas it is provided in the act of Congress accepting, ratifying, and
confirming the said agreement, approved August 15, 1894, section 12
(Pamphlet Statutes, Fifty-third Congress, second session, pp. 314-319)--
That the lands by said agreement ceded to the United States shall upon
proclamation by the President be opened to settlement, and shall be
subject to disposal only under the homestead and town-site laws of the
United States, excepting the sixteenth and thirty-sixth sections in
each Congressional township, which shall be reserved for common-school
purposes and be subject to the laws of the State of South Dakota:
_Provided_, That each settler on said lands shall, in addition
to the fees provided by law, pay to the United States for the land so
taken by him the sum of $3.75 per acre, of which sum he shall pay 50
cents at the time of making his original entry and the balance before
making final proof and receiving a certificate of final entry; but the
rights of honorably discharged Union soldiers and sailors as defined
and described in sections 2304 and 2305 of the Revised Statutes of the
United States shall not be abridged except as to the sum to be paid
as aforesaid.
That the Secretary of the Interior, upon proper plats and description
being furnished, is hereby authorized to issue patents to Charles
Picotte and Felix Brunot and W.T. Selwyn, United States interpreters,
for not to exceed 1 acre of land each, so as to embrace their houses
near the agency buildings upon said reservation, but not to embrace any
buildings owned by the Government, upon the payment by each of said
persons of the sum of $3.75.
That every person who shall sell or give away any intoxicating liquors
or other intoxicants upon any of the lands by said agreement ceded, or
upon any of the lands included in the Yankton Sioux Indian Reservation
as created by the treaty of April 19, 1858, shall be punishable by
imprisonment for not more than two years and by a fine of not more than
$300.
And whereas all the terms, conditions, and considerations required by
said agreement made with said tribes of Indians and by the laws relating
thereto precedent to opening said lands to settlement have been, as I
hereby declare, complied with:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the power in me vested by the statutes hereinbefore mentioned,
do hereby declare and make known that all of the lands acquired from the
Yankton tribe of Sioux or Dakota Indians by the said agreement, saving
and excepting the lands reserved in pursuance of the provisions of said
agreement and the act of Congress ratifying the same, will, at and after
the hour of 12 o'clock noon (central standard time) on the 21st day of
May, 1895, and not before, be open to settlement under the terms of
and subject to all the conditions, limitations, reservations, and
restrictions contained in said agreement, the statutes hereinbefore
specified, and the laws of the United States applicable thereto.
The lands to be so opened to settlement are for greater convenience
particularly described in the accompanying schedule, entitled "Schedule
of lands within the Yankton Reservation, S. Dak., to be opened to
settlement by proclamation of the President," and which schedule is made
a part 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 16th day of May, A.D. 1895, and of
the Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
EDWIN F. UHL,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to section I of the act of Congress approved July 13,
1892, entitled "An act making appropriations for the current and
contingent expenses of the Indian Department and for fulfilling treaty
stipulations with various Indian tribes for the fiscal year ending June
30, 1893, and for other purposes," certain articles of cession and
agreement were made and concluded at the Siletz Agency, Oreg., on the
31st day of October, 1892, by and between the United States of America
and the Alsea and other Indians on Siletz Reservation in Oregon, whereby
said Alsea and other Indians, for the consideration therein mentioned,
ceded and conveyed to the United States all their claim, right, title,
and interest in and to all the unallotted lands within the limits of
said reservation, except the five sections described in article 4 of
the agreement, viz: Section 9, township 9 south, range 11 west of the
Willamette meridian; and the west half of the west half of section 5,
and the east half of section 6, and the east half of the west half of
section 6, township 10 south, range 10 west; and the south half of
section 8, and the north half of section 17, and section 16, township 9
south, range 9 west; and the east half of the northeast quarter and lot
3, section 20, and south half and south half of north half of section
21, township 8, range 10 west; and
Whereas it is further stipulated and agreed by article 6 that any
religious society or other organization shall have the right for two
years from the date of the ratification of this agreement within which
to purchase the lands occupied by it with proper authority for religious
or educational work among the Indians, at the rate of $2.50 per acre,
the same to be conveyed to such society or organization by patent; and
Whereas it is provided in the act of Congress accepting, ratifying, and
confirming said agreement, approved August 15, 1894 (Pamphlet Statutes,
pp. 286-338), section 15, that--
The mineral lands shall be disposed of under the laws applicable
thereto, and the balance of the land so ceded shall be disposed of until
further provided by law under the town-site law and under the provisions
of the homestead law: _Provided_, _however_, That each settler
under and in accordance with the provisions of said homestead laws shall
at the time of making his original entry pay the sum of 50 cents per
acre in addition to the fees now required by law, and at the time of
making final proof shall pay the further sum of $1 per acre, final proof
to be made within five years from the date of entry; and three years'
actual residence on the land shall be established by such evidence as is
now required in homestead proofs as a prerequisite to title or patent.
And whereas it is provided--
That immediately after the passage of this act the Secretary of the
Interior shall, under such regulations as he may prescribe, open said
lands to settlement, after proclamation by the President and sixty
days' notice.
And whereas all the terms, conditions, and considerations required by
said agreement made with said tribe of Indians hereinbefore mentioned
and the laws relating thereto precedent to opening said lands to
settlement have been, as I hereby declare, provided for, paid, and
complied with:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the power in me vested by the statutes hereinbefore mentioned
and by said agreement, do hereby declare and make known that all of the
lands acquired from the Alsea and other Indians by said agreement will,
at and after the hour of 12 o'clock noon (Pacific standard time) on
the 25th day of July, 1895, and not before, be opened to settlement
under the terms of and subject to all the conditions, limitations,
reservations, and restrictions contained in said agreement, the statutes
above specified, and the laws of the United States applicable thereto.
The lands to be so opened to settlement are for greater convenience
particularly described in the accompanying schedule, entitled "Schedule
of lands within the Siletz Indian Reservation, in Oregon, opened to
settlement by proclamation of the President dated May 16, 1895," and
which schedule is made a part hereof.
Warning is hereby given that no person entering upon and occupying said
lands before said hour of 12 o'clock noon of the 25th day of July, 1895,
hereinbefore fixed, will ever be permitted to enter any of said lands or
acquire any rights thereto, and that the officers of the United States
will be required to strictly enforce this provision, which is authorized
by the act of August 15, 1894, hereinbefore mentioned.
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 16th day of May, A.D. 1895, and of
the Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
EDWIN F. UHL,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by a written agreement made on the 9th day of September, 1891,
the Kickapoo Nation of Indians, in the Territory of Oklahoma, ceded,
conveyed, transferred, and relinquished, forever and absolutely, without
any reservation whatever, all their claim, title, and interest of every
kind and character in and to the lands particularly described in article
1 of the agreement: _Provided_, That in said tract of country there
shall be allotted to each and every member, native and adopted, of said
Kickapoo tribe of Indians 80 acres of land, in the manner and under the
conditions stated in said agreement, and that when the allotments of
land shall have been made and approved by the Secretary of the Interior
the title thereto shall be held in trust for the allottees respectively
for the period of twenty-five years in the manner and to the extent
provided for in the act of Congress approved February 8, 1887 (24 U.S.
Statutes at Large, p. 388); and
Whereas it is further stipulated and agreed by article 6 of the
agreement that wherever in this reservation any religious society or
other organization is now occupying any portion of said reservation for
religious or educational work among the Indians the land so occupied may
be allotted and confirmed to such society or organization, not, however,
to exceed 160 acres of land to any one society or organization, so long
as the same shall be so occupied and used: and such land shall not be
subject to homestead entry; and
Whereas it is provided in the act of Congress accepting, ratifying, and
confirming the said agreement with the Kickapoo Indians, approved March
3, 1893 (27 U.S. Statutes at Large, pp. 557-563), section 3--
That whenever any of the lands acquired by this agreement shall by
operation of law or proclamation of the President of the United States
be open to settlement or entry they shall be disposed of (except
sections 16 and 36 in each township thereof) to actual settlers only
under the provisions of the homestead and town-site laws, except section
2301 of the Revised Statutes of the United States, which shall not
apply: _Provided_, _however_, That each settler on said lands
shall before making a final proof and receiving a certificate of entry
pay to the United States for the land so taken by him, in addition to
the fees provided by law and within five years from the date of the
first original entry, the sum of $1.50 an acre, one-half of which shall
be paid within two years; but the rights of honorably discharged Union
soldiers and sailors as defined and described in sections 2304 and 2305
of the Revised Statutes of the United States shall not be abridged
except as to the sum to be paid as aforesaid. Until said lands are
opened to settlement by proclamation of the President of the United
States no person shall be permitted to enter upon or occupy any of said
lands, and any person violating this provision shall never be permitted
to make entry of any of said lands or acquire any title thereto:
_Provided_, That any person having attempted to but for any cause
failed to acquire a title in fee under existing law, or who made entry
under what is known as the commuted provision of the homestead law,
shall be qualified to make homestead entry upon said lands.
And whereas allotments of land in severalty to said Kickapoo Indians
have been made and approved in accordance with law and the provisions of
the before-mentioned agreement with them; and
Whereas it is provided by the act of Congress for the temporary
government of Oklahoma, approved May 2, 1890, section 23 (26 U.S.
Statutes at Large, p. 92), that there shall be reserved public highways
4 rods wide between each section of land in said Territory, the section
lines being the center of said highways; but no deduction shall be made,
where cash payments are provided for, in the amount to be paid for each
quarter section of land by reason of such reservation; and
Whereas it is provided in the act of Congress approved February 10, 1894
(28 U.S. Statutes at Large, p. 37)--
That every homestead settler on the public lands on the left bank of
the Deep Fork River in the former Iowa Reservation, in the Territory of
Oklahoma, who entered less than 160 acres of land may enter under the
homestead laws other lands adjoining the land embraced in his original
entry when such additional lands become subject to entry, which
additional entry shall not with the lands originally entered exceed in
the aggregate 160 acres: _Provided_, That where such adjoining
entry is made residence shall not be required upon the lands so
entered, but the residence and cultivation by the settler upon and of
the land embraced in his original entry shall be considered residence
and cultivation for the same length of time upon the land embraced in
his additional entry; but such lands so entered shall be paid for
conformably to the terms of the act acquiring the same and opening it
to homestead entry.
And whereas it is further provided in the act of Congress approved March
2, 1895 (28 U.S. Statutes at Large, p. 899)--
That any State or Territory entitled to indemnity school lands or
entitled to select lands for educational purposes under existing law
may select such lands within the boundaries of any Indian reservation
in such State or Territory from the surplus lands thereof purchased by
the United States, after allotments have been made to the Indians of
such reservation and prior to the opening of such reservation to
settlement.
And whereas all the terms, conditions, and considerations required by
said agreement made with said tribes of Indians and by the laws relating
thereto precedent to opening said lands to settlement have been, as I
hereby declare, complied with:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the power in me vested by the statutes hereinbefore mentioned
and by other the laws of the United States and by the said agreement,
do hereby declare and make known that all of said lands hereinbefore
described, acquired from the Kickapoo Indians by the agreement
aforesaid, will, at and after the hour of 12 o'clock noon (central
standard time), Thursday, the 23d day of the month of May, A.D. 1895,
and not before, be open to settlement under the terms of and subject
to all the conditions, limitations, reservations, and restrictions
contained in the said agreement, the statutes above specified, and the
laws of the United States applicable thereto, saving and excepting such
tracts as have been allotted, reserved, or selected under the laws
herein referred to and such tracts as may be properly selected by the
Territory of Oklahoma under and in accordance with the provisions of
the act of March 2, 1895, hereinbefore quoted, prior to the time herein
fixed for the opening of said lands to settlement.
The lands to be so opened to settlement are for greater convenience
particularly described in the accompanying schedule, entitled "Schedule
of lands within the Kickapoo Reservation, Oklahoma Territory, to be
opened to settlement by proclamation of the President;" but notice is
hereby given that should any of the lands described in the accompanying
schedule be properly selected by the Territory of Oklahoma under and in
accordance with the provisions of said act of Congress approved March 2,
1895, prior to the time herein fixed for the opening of said lands to
settlement such tracts will not be subject to settlement or entry.
Notice, moreover, is hereby given that it is by law enacted that until
said lands are opened to settlement by proclamation no person shall be
permitted to enter upon or occupy the same, and any person violating
this provision shall never be permitted to make entry of any of said
lands or acquire any title thereto. The officers of the United States
will be required to enforce this provision.
And further notice is hereby given that all of said lands lying north of
the township line between townships 13 and 14 north are now attached to
the Eastern land district, the office of which is at Guthrie, Oklahoma
Territory, and all of said lands lying south of the township line
between townships 13 and 14 north are now attached to the Oklahoma land
district, the office of which is at Oklahoma, Oklahoma Territory.
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 18th day of May, A.D. 1895, and of
the Independence of the United States the one hundred and nineteenth.
GROVER CLEVELAND.
By the President:
EDWIN F. UHL,
_Acting Secretary of State_.
A PROCLAMATION
BY THE PRESIDENT OF THE UNITED STATES.
Walter Q. Gresham, Secretary of State of the United States, is dead.
The President in making this distressing announcement to his
fellow-countrymen speaks from the depths of a personal affliction to
remind them that they too have lost a pure and able public servant, a
wise and patriotic guardian of all their rights and interests, a manly
and loyal American, and a generous and lovable man.
As a suitable expression of national bereavement, I direct that the
diplomatic representatives of the United States in all foreign countries
display the flags over their embassies and legations at half-mast for
ten days; that for a like period the flag of the United States be
displayed at half-mast at all forts and military posts and at all naval
stations and on all vessels of the United States.
I further order that on the day of the funeral the Executive Departments
in the city of Washington be closed and that on all public buildings
throughout the United States the national flag be displayed at
half-mast.
[SEAL.]
Done at the city of Washington, this 28th day of May, A.D. 1895, and of
the Independence of the United States of America the one hundred and
nineteenth.
GROVER CLEVELAND.
By the President:
EDWIN F. UHL,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas the island of Cuba is now the seat of serious civil
disturbances, accompanied by armed resistance to the authority of the
established Government of Spain, a power with which the United States
are and desire to remain on terms of peace and amity; and
Whereas the laws of the United States prohibit their citizens,
as well as all others being within and subject to their jurisdiction,
from taking part in such disturbances adversely to such established
Government, by accepting or exercising commissions for warlike service
against it, by enlistment or procuring others to enlist for such
service, by fitting out or arming or procuring to be fitted out and
armed ships of war for such service, by augmenting the force of any ship
of war engaged in such service and arriving in a port of the United
States, and by setting on foot or providing or preparing the means for
military enterprises to be carried on from the United States against the
territory of such Government:
Now, therefore, in recognition of the laws aforesaid and in discharge of
the obligations of the United States toward a friendly power, and as a
measure of precaution, and to the end that citizens of the United States
and all others within their jurisdiction may be deterred from subjecting
themselves to legal forfeitures and penalties, I, Grover Cleveland,
President of the United States of America, do hereby admonish all such
citizens and other persons to abstain from every violation of the laws
hereinbefore referred to, and do hereby warn them that all violations of
such laws will be rigorously prosecuted; and I do hereby enjoin upon all
officers of the United States charged with the execution of said laws
the utmost diligence in preventing violations thereof and in bringing to
trial and punishment any offenders against the same.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 12th day of June, A.D. 1895, and of
the Independence of the United States of America the one hundred and
nineteenth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided by section 13 of the act of Congress of March 3,
1891, entitled "An act to amend Title LX, chapter 3, of the Revised
Statutes of the United States, relating to copyrights," that said act
"shall only apply to a citizen or subject of a foreign state or nation
when such foreign state or nation permits to citizens of the United
States of America the benefit of copyright on substantially the same
basis as its own citizens, or when such foreign state or nation is a
party to an international agreement which provides for reciprocity in
the granting of copyright, by the terms of which agreement the United
States of America may at its pleasure become a party to such agreement;"
and
Whereas it is also provided by said section that "the existence of
either of the conditions aforesaid shall be determined by the President
of the United States by proclamation made from time to time as the
purposes of this act may require;" and
Whereas satisfactory official assurances have been given that in Spain
and her provinces and colonial possessions the law permits to citizens
of the United States the benefit of copyright on substantially the same
basis as to the subjects of Spain:
Now, therefore, I, Grover Cleveland, President of the United States of
America, do declare and proclaim that the first of the conditions
specified in section 13 of the act of March 3, 1891, now exists and is
fulfilled in respect to the subjects of Spain.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 10th day of July, 1895, and of the
Independence of the United States the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
ALVEY A. ADEE,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
The constant goodness and forbearance of Almighty God which have been
vouchsafed to the American people during the year which is just past
call for their sincere acknowledgment and devout gratitude.
To the end, therefore, that we may with thankful hearts unite in
extolling the loving care of our Heavenly Father, I, Grover Cleveland,
President of the United States, do hereby appoint and set apart
Thursday, the 28th day of the present month of November, as a day of
thanksgiving and prayer to be kept and observed by all our people.
On that day let us forego our usual occupations and in our accustomed
places of worship join in rendering thanks to the Giver of Every Good
and Perfect Gift for the bounteous returns that have rewarded our labors
in the fields and in the busy marts of trade, for the peace and order
that have prevailed throughout the land, for our protection from
pestilence and dire calamity, and for the other blessings that have been
showered upon us from an open hand.
And with our thanksgiving let us humbly beseech the Lord to so incline
the hearts of our people unto Him that He will not leave us nor forsake
us as a nation, but will continue to us His mercy and protecting care,
guiding us in the path of national prosperity and happiness, enduing us
with rectitude and virtue, and keeping alive within us a patriotic love
for the free institutions which have been given to us as our national
heritage.
And let us also on the day of our thanksgiving especially remember the
poor and needy, and by deeds of charity let us show the sincerity of our
gratitude.
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 4th day of November, A.D. 1895, and
in the one hundred and twentieth year of the Independence of the United
States.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas section 17 of the act of August 28, 1894, entitled "An act to
reduce taxation, to provide revenue for the Government, and for other
purposes," prohibits "the importation of neat cattle and the hides of
neat cattle from any foreign country into the United States;" and
Whereas it is provided by the act of Congress approved March 2, 1895,
entitled "An act making appropriations for the Department of Agriculture
for the fiscal year ending June 30, 1896"--
That whenever the Secretary of Agriculture shall certify to the
President of the United States what countries or parts of countries are
free from contagious or infectious diseases of domestic animals, and
that neat cattle and hides can be imported from such countries without
danger to the domestic animals of the United States, the President of
the United States may suspend the prohibition of the importation of
neat cattle and hides in the manner provided by law.
And whereas the Secretary of Agriculture has now certified to me that
the countries of Norway, Sweden, Holland, Great Britain, Ireland, the
Channel Islands, and the countries of North, Central, and South America,
including Mexico, are so far free from contagious or infectious diseases
of domestic animals that neat cattle may be imported from those
countries into the United States, under the sanitary regulations
prescribed by the Secretary of Agriculture, without danger to the
domestic animals of the United States, and that so far as the countries
above named, as well as all other countries from which hides are
imported into the United States, are concerned, they are so far free
from contagious or infectious diseases of domestic animals that hides of
neat cattle can be imported from all parts of the world, under proper
regulations prescribed by the Secretary of the Treasury, without danger
to the domestic animals of the United States: Now, therefore, I, Grover
Cleveland, President of the United States, do hereby suspend the
prohibition of the importation of neat cattle from the countries of
Norway, Sweden, Holland, Great Britain, Ireland, the Channel Islands,
and the countries of North, Central, and South America, including
Mexico, and of the hides of neat cattle from all parts of the world; but
all importations of neat cattle shall be made under the sanitary
regulations prescribed by the Secretary of Agriculture and all
importations of hides shall be made under proper regulations prescribed
by the Secretary of the Treasury.
In testimony whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 8th day of November, 1895, and of
the Independence of the United States of America the one hundred and
twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas, pursuant to section 5 of the act of Congress approved February
8, 1887 (24 U.S. Statutes at Large, p. 388), entitled "An act to provide
for the allotment of lands in severalty to the Indians on the various
reservations and to extend the protection of the laws of the United
States and the Territories over the Indians, and for other purposes,"
certain articles of cession and agreement were made and concluded at
the Nez Percé Agency, Idaho, on the 1st day of May, 1893, by and between
the United States of America and the Nez Percé Indians, whereby said
Indians, for the consideration therein mentioned, ceded and conveyed to
the United States all their claim, right, title, and interest to all the
unallotted lands set apart as a home for their use and occupation by the
second article of the treaty between said Indians and the United States
concluded June 9, 1863 (14 U.S. Statutes at Large, p. 647), and included
in the following boundaries, to wit:
Commencing at the northeast corner of Lake Wa-ha and running thence
northerly to a point on the north bank of the Clearwater River 3
miles below the mouth of the Lapwai; thence down the north bank of
the Clearwater to the mouth of the Hatwai Creek; thence due north to
a point 7 miles distant; thence eastwardly to a point on the North Fork
of the Clearwater 7 miles distant from its mouth; thence to a point on
Oro Fino Creek 5 miles above its mouth; thence to a point on the North
Fork of the South Fork of the Clearwater 1 mile above the bridge on the
road leading to Elk City (so as to include all the Indian farms now
within the forks); thence in a straight line westwardly to the place
of beginning.
Saving and excepting the sixteenth and thirty-sixth sections of each
Congressional township, which shall be reserved for common-school
purposes and be subject to the laws of Idaho, and excepting the tracts
described in articles 1 and 2 of the agreement, viz:
The said Nez Percé Indians hereby cede, sell, relinquish, and convey to
the United States all their claim, right, title, and interest in and to
all the unallotted lands within the limits of said reservation, saving
and excepting the following-described tracts of lands, which are hereby
retained by the said Indians, viz:
In township 34, range 4 west: Northeast quarter, north half and
southeast of northwest quarter, northeast quarter of southwest quarter,
north half and east half of southwest quarter, and the southeast quarter
of southeast quarter, section 13; 440 acres.
In township 34, range 3 west: Sections 10, 15, 36; 1,920 acres.
In township 33, range 3 west: Section 1; northwest quarter of northeast
quarter, north half of northwest quarter, section 12; 760 acres.
In township 35, range 2 west: South half of northeast quarter, northwest
quarter, north half and southeast quarter of southwest quarter,
southeast quarter, section 3; east half, east half of northwest quarter,
southwest quarter, section 10; section 11; north half, north half of
south half, section 21; east half of northeast quarter, section 20;
sections 22, 27, 35; 4,200 acres.
In township 34, range 2 west: North half, southwest quarter, north half
and southwest quarter and west half of southeast quarter of southeast
quarter, section 13; section 14; north half, section 23; west half of
east half and west half of northeast quarter, northwest quarter, north
half of southwest quarter, west half of east half and northwest quarter
and east half of southwest quarter of southeast quarter, section 24;
section 29; 2,700 acres.
In township 33, range 2 west: West half and southeast quarter, section
6; sections 16, 22, 27; north half and north half of south half, section
34; 2,880 acres.
In township 34, range 1 west: West half, section 2; sections 3, 4: north
half and southwest quarter, section 8; north half, section 9; north half
and north half of southwest quarter, section 18; northwest quarter,
section 17; 2,960 acres.
In township 37, range 1 east: Section 20; section 21, less south half of
south half of southwest quarter of southeast quarter (10 acres); 1,270
acres.
In township 36, range 1 east: South half of sections 3, 4; sections 1,
12; 1,920 acres.
In township 36, range 2 east: Sections 16, 17, 18, 20; all of section 25
west of boundary line of reservation; sections 26, 27; 4,240 acres.
In township 35, range 2 east: North half of sections 16, 17; section 27;
north half of section 34; 1,600 acres.
In township 34, range 2 east: East half and east half of west half of
southeast quarter, section 24; 100 acres.
In township 34, range 3 east: South half of sections 19, 20; north half,
north half of south half, southwest quarter and north half of southeast
quarter of southwest quarter, north half of south half of southeast
quarter, section 23; north half, north half and north half of southwest
quarter and southeast quarter of southwest quarter, southeast quarter,
section 24; north half and southeast quarter of northeast quarter, north
half of northwest quarter, section 25; south half of northeast quarter
of northeast quarter, section 26; section 29; northeast quarter of
northeast quarter and south half, section 30; northwest quarter and
north half of southwest quarter, section 31, northeast quarter, north
half and southeast quarter of northwest quarter, section 32; northwest
quarter, north half of southwest quarter, section 33; 3,700 acres.
In township 33, range 4 east: South half of southeast quarter, section
18; northeast quarter and fraction northeast of river in east half of
northwest quarter, section 19; fraction west of boundary line of
reservation in section 22; west half and southeast quarter of section
35; 1,440 acres.
In township 32, range 4 east: Fraction in west half of northeast quarter
of southwest quarter, fraction in northwest quarter of southeast
quarter, section 1; section 2; south half of section 6; west half and
southeast quarter of northeast quarter of section 9; 1,410 acres.
In township 31, range 4 east: South half of northeast quarter, southeast
quarter of northwest quarter, northeast quarter of southwest quarter,
southeast quarter, section 17; northwest quarter, section 21; 480 acres.
Total, 32,020 acres.
ART. II. It is also stipulated and agreed that the place known as "the
boom" on the Clearwater River, near the mouth of Lapwai Creek, shall be
excepted from this cession and reserved for the common use of the tribe,
with full right of access thereto, and that the tract of land adjoining
said boom now occupied by James Moses shall be allotted to him in such
manner as not to interfere with such right; also that there shall be
reserved from said cession the land described as follows: "Commencing at
a point at the margin of Clearwater River, on the south side thereof,
which is 300 yards below where the middle thread of Lapwai Creek empties
into said river; run thence up the margin of said Clearwater River at
low-water mark 900 yards to a point; run thence south 250 yards to a
point; thence southwesterly in a line to the southeast corner of a stone
building partly finished as a church; thence west 300 yards to a point;
thence from said point northerly in a straight line to the point of
beginning; and also the adjoining tract of land lying southerly of said
tract, on the south end thereof, commencing at the said corner of said
church, and at the point 300 yards west thereof and run a line from each
of said points, one of said lines running on the east side and the other
on the west of said Lapwai Creek, along the foothills of each side of
said creek, up the same sufficiently far so that a line being drawn east
and west to intersect the aforesaid lines shall embrace within its
boundaries, together with the first above-described tract of land, a
sufficient quantity of land as to include and comprise 640 acres."
And excepting the land embraced in the William Craig donation claim, in
township 35 north, range 3 west. (See case of Caldwell _vs._
Robinson, Federal Reporter, vol. 59, p. 653); and
Whereas it is further stipulated and agreed by article 6 of the
agreement that any religious society or other organization now occupying
under proper authority, for religious or educational work among the
Indians, any of the lands ceded shall have the right for two years from
the date of the ratification of this agreement within which to purchase
the land so occupied, at the rate of $3 per acre, the same to be conveyed
to such society or organization by patent in the usual form; and
Whereas it is further agreed by article 9 of the agreement that the
lands by this agreement ceded, those retained, and those allotted to the
said Nez Percé Indians shall be subject for a period of twenty-five
years to all the laws of the United States prohibiting the introduction
of intoxicants into the Indian country, and that the Nez Percé Indian
allottees, whether under the care of an Indian agent or not, shall for a
like period be subject to all the laws of the United States prohibiting
the sale or other disposition of intoxicants to Indians; and
Whereas it is provided in the act of Congress accepting, ratifying, and
confirming said agreement, approved August 15, 1894 (28 U.S. Statutes at
Large, pp. 286-338), section 16--
That immediately after the issuance and receipt by the Indians of trust
patents for the allotted lands, as provided for in said agreement, the
lands so ceded, sold, relinquished, and conveyed to the United States
shall be opened to settlement by proclamation of the President and shall
be subject to disposal only under the homestead, town-site, stone and
timber, and mining laws of the United States, excepting the sixteenth
and thirty-sixth sections in each Congressional township, which shall be
reserved for common-school purposes and be subject to the laws of Idaho:
_Provided_, That each settler on said lands shall before making
final proof and receiving a certificate of entry pay to the United
States for the lands so taken by him, in addition to the fees provided
bylaw, the sum of $3.75 per acre for agricultural lands, one-half of
which shall be paid within three years from the date of original entry,
and the sum of $5 per acre for stone, timber, and mineral lands, subject
to the regulations prescribed by existing laws; but the rights of
honorably discharged Union soldiers and sailors as defined and described
in sections 2304 and 2305 of the Revised Statutes of the United States
shall not be abridged except as to the sum to be paid as aforesaid.
And whereas all the terms, conditions, and considerations required by
said agreement made with said tribe of Indians hereinbefore mentioned
and the laws relating thereto precedent to opening said lands to
settlement have been, as I hereby declare, provided for, paid, and
complied with:
Now, therefore, I, Grover Cleveland, President of the United States, by
virtue of the power in me vested by the statutes hereinbefore mentioned
and by said agreement, do hereby declare and make known that all of the
unallotted and unreserved lands acquired from the Nez Percé Indians by
said agreement will, at and after the hour of 12 o'clock noon (Pacific
standard time) on the 18th day of November, 1895, and not before, be
opened to settlement under the terms of and subject to all the
conditions, limitations, reservations, and restrictions contained in
said agreement, the statutes above specified, and the laws of the United
States applicable thereto.
The lands to be so opened to settlement are for greater convenience
particularly described in the accompanying schedule, entitled "Schedule
of lands within the Nez Percé Indian Reservation, Idaho, to be opened to
settlement by proclamation of the President," and which schedule is made
a part 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 8th day of November, A.D. 1895, and
of the Independence of the United States the one hundred and twentieth.
GROVER CLEVELAND.
By the President:
RICHARD OLNEY,
_Secretary of State_.
EXECUTIVE ORDERS.
AMENDMENT OF CIVIL-SERVICE RULES.
Special Departmental Rule No. 1 is hereby amended by striking out
the whole of the paragraph in section 3, Department of the Interior,
relating to the Geological Survey and substituting in lieu thereof the
following:
In the Geological Survey: Geologist, assistant geologist,
paleontologist, assistant paleontologist, chief photographer,
photographer, chief chemist, chemist, assistant chemist, chief
engraver, engraver, assistant engraver, lithographic engraver, map
printer, lithographic printer, assistant lithographic printer, map
reviser, statistical experts temporarily employed.
Approved, December 4, 1894.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Departmental Rule VII is hereby amended by adding thereto the following
section, to be numbered 9:
The Commission shall certify for transfer and reappointment to any
classified non-excepted place in the departmental service, upon the
requisition of the head of a Department, any person who at the time of
making such requisition is holding an office outside the classified
service in any Executive Department at Washington to which he was
appointed from a classified place in the departmental service; and upon
the requisition of any head of Department the Commission shall certify
for reinstatement in the classified service of said Department any such
officer who within one year next preceding the date of the requisition,
by the abolition of his office or otherwise, has without delinquency or
misconduct been separated from said office: _Provided_, That this
section shall not authorize the reappointment to the classified
service of any such officer or ex-officer who was appointed to his
office from an excepted place, unless his appointment to such excepted
place was by promotion from a nonexcepted place.
Approved, December 15, 1894.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _January 3, 1895_.
Postal Rule II, clause 5, is amended by striking out paragraph (_e_)
and relettering paragraph (_f_) as (_e_), so that as amended the clause
will read:
5. Exceptions from examination in the classified postal service are
hereby made as follows:
(_a_) Assistant postmaster, or the chief assistant to the
postmaster, by whatever designation known.
(_b_) One secretary to the postmaster, when authorized by law and
allowed by the Post-Office Department.
(_c_) Cashier, when authorized by law and employed under that
roster title.
(_d_) Assistant cashier, when authorized by law and employed under
that roster title.
(_e_) Printers and pressmen, when authorized by law and allowed by
the Post-Office Department and employed as such.
Approved:
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _February 12, 1895_.
Departmental Rule VII, clause 8, is hereby amended to read as follows:
In case of the occurrence of a vacancy in any Department which the
public interest requires shall be immediately filled, and which can not
be so filled by certification from the eligible registers of the
Commission, such vacancy may be filled by temporary appointment outside
the civil service until a regular appointment can be made under the
provisions of sections 1, 2, and 3 of this rule: _Provided_, That
such temporary appointment shall in no case continue longer than ninety
days, and shall expire by limitation at the end of that time: _And
provided further_, That no person shall serve longer than the period
herein prescribed in any one year under such temporary appointment.
The year limitation in regard to reappointment shall begin to run on the
date of the original appointment.
Every such temporary appointment and the discontinuance of the same
shall at once be reported to the Commission.
Postal Rule IV, clause 4, is hereby amended to read as follows:
4. In case of the occurrence of a vacancy in a position within the
classified service of any post-office which the public interest requires
shall be immediately filled, where there is no eligible remaining on the
proper register, such vacancy may be filled by temporary appointment
outside the civil service until a regular appointment can be made under
the provisions of sections 1 and 2 of this rule: _Provided_, That
such temporary appointment shall in no case continue longer than ninety
days, and shall expire by limitation at the end of that time: _And
provided further_, That no person shall serve more than ninety days
in any one year under such temporary appointment.
The year limitation in regard to reappointment shall begin to run on the
date of the original appointment.
Every such temporary appointment and also the discontinuance of the same
shall at once be reported to the Commission.
Approved:
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
GENERAL RULES.
General Rule II: Strike out the word "five" in line 1 and insert in lieu
thereof the word "six," and add at the end of the rule a new clause, as
follows:
6. The classified internal-revenue service.
General Rule III, section 5: Insert after the word "may" in line 1 the
words "in its discretion," and after the word "appointment" in line 2
the following: "or an applicant who has been guilty of a crime or of
infamous or notoriously disgraceful conduct." As amended the section
will read:
5. The Commission may, in its discretion, refuse to examine an applicant
who would be physically unable to perform the duties of the place to
which he desires appointment or an applicant who has been guilty of a
crime or of infamous or notoriously disgraceful conduct. The reason for
any such action shall be entered on the minutes of the Commission.
Section 9: In line 1 strike out the word "departmental," and after the
word "service" in the same line and in line 2 the words "and the
classified railway mail service."
General Rule V: In line 2 change the order of words and insert other
words so as to make the phrase amended read as follows: "and postmasters
and customs and internal-revenue officers and custodians of public
buildings."
General Rule IV, section 2: Insert after the word "may" in line 1 the
words "in its discretion."
DEPARTMENTAL RULES.
Departmental Rule II: In section 1, line 2, after the word "such,"
insert the word "other" and strike out the words "supplementary and
special." In section 2, line 2, strike out the words "supplementary and
special" and insert in lieu thereof the word "other."
Departmental Rule IV: In section 1, after the semicolon following the
word "age" in line 4, insert the following: "or for the position of
messenger or assistant messenger who is not under 18 years of age, or
for the position of page or messenger boy who is not under 14 nor over
18 years of age."
Departmental Rule V: In section 2, paragraph 6, line 1, after the word
"postal," insert the words "internal-revenue."
Departmental Rule VI: In section 1, line 2, after the word "of," strike
out the words "special and supplementary" and insert in lieu thereof the
word "other." In section 4, line 7, after the words "clerk-copyist,"
insert the words "or the messenger and watchman." In section 5, line 3,
after the word "printing," insert the words "or for page or messenger
boy."
Departmental Rule VII: In section 3, at the beginning of line 2, before
the word "register," insert the words "the messenger or the watchman."
In the second paragraph of the same section, in line 2, after the word
"assistant," insert the words "or page or messenger boy."
Departmental Rule VIII: In section 1 insert a clause, to be lettered
(_c_), as follows:
(_c_) From a bureau of the Treasury Department in which business
relating to the internal revenue is transacted to a classified
internal-revenue district, and from such a district to such a bureau
in the Treasury Department, upon requisition by the Secretary of the
Treasury.
The remaining clauses of the section to be relettered (_d_) and
(_e_), respectively. In section 2, line 2, strike out the letter
"_d_" in parentheses and insert in lieu thereof the letter
"_e_," and at the end of the section add the following proviso:
_Provided_, That a person may be transferred from a place in one
Department to a place requiring no higher examination in another
Department without examination.
Departmental Rule IX: Strike out the whole of section 1 and insert in
lieu thereof the following:
1. Until promotion regulations have been applied to a Department under
the provisions of section 6 of General Rule III promotions therein may
be made as follows:
(_a_) Any person appointed from the appropriate register to the
position of messenger, assistant messenger, watchman, or other
subordinate position below the positions of clerk and copyist may at any
time after absolute appointment, if not barred by age limitations, be
transferred to any other of said subordinate positions, but shall not be
promoted to the position of clerk or copyist or to any place the duties
of which are clerical: _Provided_, That printers' assistants in the
Bureau of Engraving and Printing, Treasury Department, shall only be
eligible for transfer to the grade of operative in that Bureau.
Strike out sections 2, 3, and 5 and renumber section 4 as 2.
Approved, March 2, 1895.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _March 18, 1895_.
Indian Rule IV is amended by adding at the end thereof a new section, to
read as follows:
7. Graduates of Indian normal schools and of normal classes in Indian
schools may be employed in the Indian-school service as assistant
teachers or day-school teachers without further examination:
_Provided_, That certificates of satisfactory proficiency, of
good moral character, and of physical soundness, signed by the proper
officials, be transmitted at the time of appointment to the Civil
Service Commission: _And provided further_, That until the 1st of
July, 1896, graduates of the senior classes of Carlisle, Hampton,
Lincoln Institute, Chilocco, Haskell Institute, and other Indian
schools of equal grade may be included in the provisions of this rule.
Such teachers shall become eligible for promotion to advanced positions
on presentation to the Civil Service Commission of satisfactory
certificates of efficiency and fidelity in their work and of a
progressive spirit in their professional interests, signed by their
immediate official superiors and by the superintendent of Indian
schools, and forwarded with his approval by the Secretary of the
Interior, the Commission reserving to itself the right to decide
as to the satisfactoriness of such certificates.
Approved:
GROVER CLEVELAND.
EXECUTIVE MANSION, _March 20, 1895_.
The Executive order dated February 26, 1891,[19] establishing limits
of punishment for enlisted men of the Army, under an act of Congress
approved September 27, 1890, and which was published in General Orders,
No. 21, 1891, Headquarters of the Army, is amended so as to prescribe as
follows:
ARTICLE I.
In all cases of desertion the sentence may include dishonorable
discharge and forfeiture of pay and allowances.
Subject to the modifications authorized in section 3 of this article,
the limit of the term of confinement (at hard labor) for desertion shall
be as follows:
SECTION 1. In case of surrender--
(_a_) When the deserter surrenders himself after an absence of not
more than thirty days, one year.
(_b_) When the surrender is made after an absence of more than
thirty days, eighteen months.
SEC. 2. In case of apprehension--
(_a_) When at the time of desertion the deserter shall not have
been more than six months in the service, eighteen months.
(_b_) When he shall have been more than six months in the service,
two and one-half years.
SEC. 3. The foregoing limitations are subject to modification under the
following conditions:
(_a_) The punishment of a deserter may be increased by one year of
confinement at hard labor in consideration of each previous conviction
of desertion.
(_b_) The punishment for desertion when joined in by two or more
soldiers in the execution of a conspiracy or for desertion in the
presence of an outbreak of Indians or of any unlawful assemblage which
the troops may be opposing shall not exceed dishonorable discharge,
forfeiture of all pay and allowances, and confinement at hard labor for
five years.
ARTICLE II.
Except as herein otherwise indicated punishments shall not exceed the
limits prescribed in the following table:
Offenses. Limits of punishment.
_Under seventeenth article of war_.
Selling horse or arms, or both. Dishonorable discharge, forfeiture
of all pay and allowances, and
confinement at hard labor for 3 years.
Selling accouterments. Four months' confinement at hard
labor and forfeiture of $10 per
month for the same period; for
noncommissioned officer, reduction
in addition thereto.
Selling clothing. Two months' confinement at hard labor
and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.
Losing or spoiling horse or arms Four months' confinement at hard labor
through neglect. and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.
Losing or spoiling accouterments One month's confinement at hard
or clothing through neglect. labor and forfeiture of $10: for
noncommissioned officer, reduction
in addition thereto.
_Under twentieth article of war_.
Behaving himself with disrespect Six months' confinement at hard labor
to his commanding officer. and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.
_Under twenty-fourth article of war_.
Refusal to obey or using violence Dishonorable discharge, with
to officer or noncommissioned forfeiture of all pay and allowances,
officer while quelling quarrels and confinement at hard labor for
or disorders. 2 years.
_Under thirty-first article of war_.
Lying out of quarters. Forfeiture of $2; corporal, $3;
sergeant, $4.
_Under thirty-second article of war_.
Absence without leave--[20]
Less than 1 hour. Forfeiture of $1; corporal, $2;
sergeant, $3; first sergeant or
noncommissioned officer of higher
grade, $4.
From 1 to 6 hours[21]. Forfeiture of $2; corporal, $3;
sergeant, $4; first sergeant or
noncommissioned officer of higher
grade, $5.
From 6 to 12 hours. Forfeiture of $3; corporal, $4;
sergeant, $6; first sergeant or
noncommissioned officer of higher
grade, $7.
From 12 to 24 hours. Forfeiture of $5; corporal, $6;
sergeant, $7; first sergeant or
noncommissioned officer of higher
grade, $10.
From 24 to 48 hours. Forfeiture of $6 and 5 days'
confinement at hard labor; for
corporal, forfeiture of $8; sergeant,
$10; first sergeant or noncommissioned
officer of higher grade, $12, or,
for all noncommissioned officers,
reduction.
From 2 to 10 days. Forfeiture of $10 and 10 days'
confinement at hard labor;
for noncommissioned officer,
reduction in addition thereto.
From 10 to 30 days. Forfeiture of $20 and 1 month's
confinement at hard labor;
for noncommissioned officer,
reduction in addition thereto.
From 30 to 90 days. Three months' confinement at hard
labor and forfeiture of $10 per month
for same period; for noncommissioned
officer, reduction in addition
thereto.
For 90 or more than 90 days. Dishonorable discharge and forfeiture
of all pay and allowances and
6 months' confinement at hard labor.
_Under thirty-third article of war_.
Failure to repair at the time
fixed, etc., to the place of
parade for--
Reveille or retreat roll call Forfeiture of $1; corporal, $2;
and 11 p.m. inspection. sergeant, $3; first sergeant, $4.
Guard detail. Forfeiture of $5; corporal, $8;
sergeant, $10.
Fatigue detail. }
}
Dress parade. }
}
The weekly inspection. }
}
Target practice. } Forfeiture of $2; corporal, $3;
} sergeant, $5.
Drill. }
}
Guard mounting (by musician). }
}
Stable duty. }
_Under thirty-eighth article of war_.
Drunkenness on--
Guard. Six months' confinement at hard
labor and forfeiture of $10 per
month for the same period; for
noncommissioned officer, reduction
in addition thereto.
Duty as company cook. Forfeiture of $20.
Extra or special duty. }
}
At drill. }
}
At target practice. }
} Forfeiture of $12;
At parade. } for noncommissioned officer,
} reduction and forfeiture of $20.
At inspection. }
}
At inspection of company }
guard detail. }
}
At stable duty. }
_Under fortieth article of war_.
Quitting guard. Six months' confinement at hard
labor and forfeiture of $10 per
month for the same period;
for noncommissioned officer,
reduction in addition thereto.
_Under fifty-first article of war_.
Persuading soldiers to desert. Dishonorable discharge, forfeiture
of all pay and allowances, and
1 year's confinement at hard labor.
_Under sixtieth article of war_
Dishonorable discharge, forfeiture
of all pay and allowances, and
4 years' confinement at hard labor.
_Under sixty-second article of war_.
Manslaughter. Dishonorable discharge, forfeiture
of all pay and allowances, and
10 years' confinement at hard labor.
Assault with intent to kill. Dishonorable discharge, forfeiture
of all pay and allowances, and
10 years' confinement at hard labor.
Burglary. Dishonorable discharge, forfeiture
of all pay and allowances, and
5 years' confinement at hard labor.
Forgery. Dishonorable discharge, forfeiture
of all pay and allowances, and
4 years' confinement at hard labor.
Perjury. Dishonorable discharge, forfeiture
of all pay and allowances, and
4 years' confinement at hard labor.
False swearing. Dishonorable discharge, forfeiture
of all pay and allowances, and
2 years' confinement at hard labor.
Robbery. Dishonorable discharge, forfeiture
of all pay and allowances, and
6 years' confinement at hard labor.
Larceny or embezzlement
of property of
the value of--[22]
More than $100. Dishonorable discharge, forfeiture
of all pay and allowances, and
4 years' confinement at hard labor.
$100 or less and more than $50. Dishonorable discharge, forfeiture
of all pay and allowances, and
3 years' confinement at hard labor.
$50 or less and more than $20. Dishonorable discharge, forfeiture
of all pay and allowances, and
2 years' confinement at hard labor.
$20 or less. Dishonorable discharge, forfeiture
of all pay and allowances, and
1 year's confinement at hard labor.
Fraudulent enlistment procured Dishonorable discharge, forfeiture
by false representation or of all pay and and allowances, and
concealment of a fact in regard confinement at hard labor for 1 year.
to a prior enlistment or discharge
or in regard to conviction of
a civil or military crime.
Fraudulent enlistment, other Dishonorable discharge, forfeiture
cases of. of all pay and allowances, and
confinement at hard labor for
6 months.
Disobedience of orders, involving Six months' confinement at hard labor
willful defiance of the authority and forfeiture of $10 per month for
of a noncommissioned officer in the same period; for noncommissioned
the execution of his office. officer, reduction in addition
thereto.
Using threatening or insulting One month's confinement at hard
language or behaving in an labor and forfeiture of $10; for
insubordinate manner to a noncommissioned officer, reduction
noncommissioned officer while in addition thereto.
in the execution of his office.
Absence from fatigue duty. Forfeiture of $4; corporal, $5;
sergeant, $6.
Absence from extra or special duty. Forfeiture of $4; corporal, $5;
sergeant, $6.
Absence from duty as company or Forfeiture of $10.
hospital cook.
Introducing liquor into post or Forfeiture of $3; for noncommissioned
camp in violation of standing officer reduction and forfeiture
orders. of $5.
Drunkenness at post or in quarters. Forfeiture of $3; for noncommissioned
officer, reduction and forfeiture
of $5.
Drunkenness and disorderly conduct Forfeiture of $10 and 7 days'
causing the offender's arrest confinement at hard labor;
and conviction by civil for noncommissioned officer,
authorities at a place within reduction and forfeiture of $12.
10 miles of his station.
Noisy or disorderly conduct in Forfeiture of $4; corporal, $7;
quarters. sergeant, $10.
Abuse by noncommissioned officer Reduction, 3 months' confinement at
of his authority over an inferior. hard labor, and forfeiture of $10 per
month for the same period.
Noncommissioned officer Reduction and forfeiture of $5.
encouraging gambling.
Noncommissioned officer making Reduction, forfeiture of $8, and
false report. 10 days' confinement at hard labor.
Sentinel allowing a prisoner Six months' confinement at hard labor
under his charge to escape and forfeiture of $10 per month for
through neglect. the same period.
Sentinel willfully suffering Dishonorable discharge, forfeiture
prisoner under his charge of all pay and allowances, and
to escape. 1 year's confinement at hard labor.
Sentinel allowing a prisoner Two months' confinement at hard labor
under his charge to obtain and forfeiture of $10 per month for
liquor. the same period.
Sentinel or member of guard Two months' confinement at hard labor
drinking liquor with prisoners. and forfeiture of $10 per month for
the same period.
Disrespect or affront to a Two months' confinement at hard labor
sentinel. and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.
Resisting or disobeying sentinel Six months' confinement at hard labor
in lawful execution of his duty. and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.
Lewd or indecent exposure of Three months' confinement at hard
person. labor and forfeiture of $10 per
month for the same period;
for noncommissioned officer,
reduction in addition thereto.
ARTICLE III.
SECTION 1. When a soldier shall be convicted of an offense the
punishment for which, as authorized by Article II of this order
or the custom of the service, does not exceed that which an inferior
court-martial may award, the punishment so authorized may be increased
by one-half for every previous conviction of one or more offenses within
eighteen months preceding the trial and during the current enlistment:
_Provided_, That the increase of punishment for five or more
previous convictions shall not exceed that thus authorized when there
are four previous convictions, and that when one or more of such five or
more previous convictions shall have been by general court-martial or
when such convictions shall have occurred within one year preceding
the trial the limit of punishment shall be dishonorable discharge,
forfeiture of all pay and allowances, and confinement at hard labor for
three months.
When the conviction is of an offense punishable under Article II of this
order or the custom of the service with a greater punishment than an
inferior court-martial can award, but not punishable with dishonorable
discharge, the sentence may on proof of five or more previous
convictions within eighteen months and during the current enlistment
impose dishonorable discharge and forfeiture of all pay and allowances
in addition to the authorized confinement, and when this confinement is
less than three months it may be increased to three months.
When a noncommissioned officer is convicted of an offense not punishable
with reduction, he may, if he shall have been convicted of a military
offense within a year and during the current enlistment, be sentenced to
reduction in addition to the punishment already authorized.
SEC. 2. In every case when an offense on trial before a court-martial
is of a character admitting of the introduction of evidence of previous
convictions and the accused is convicted the court, after determining
its findings, will be opened for the purpose of ascertaining whether
there is such evidence, and, if so, of hearing it. These convictions
must be proved by the records of previous trials or by duly authenticated
orders promulgating the same, except in the cases of conviction by
summary court, when a duly authenticated copy of the record of said
court shall be deemed sufficient proof. Charges forwarded to the
authority ordering a general court-martial or submitted to a summary,
garrison, or regimental court must be accompanied by the proper evidence
of such previous convictions as may have to be considered in determining
upon a sentence.
ARTICLE IV.
When a soldier shall on one arraignment be convicted of two or more
offenses none of which is punishable under Article II of this order or
the custom of the service with dishonorable discharge, but the aggregate
term of confinement for which may exceed six months, dishonorable
discharge with forfeiture of pay and allowances may be awarded in
addition to the authorized confinement.
ARTICLE V.
This order prescribes the _maximum_ limit of punishment for the
offenses named, and this limit is intended for those cases in which the
severest punishment should be awarded. In other cases the punishment
should be graded down according to the extenuating circumstances.
Offenses not herein provided for remain punishable as authorized by the
Articles of War and the custom of the service.
ARTICLE VI.
Summary courts are subject to the restrictions named in the eighty-third
article of war. Soldiers against whom charges may be preferred for trial
by summary court shall not be confined in the guardhouse, but shall be
placed in arrest in quarters before and during trial and while awaiting
sentence, except when in particular cases restraint may be necessary.
ARTICLE VII.
The following substitutions for punishments named in Article II of this
order are authorized at the discretion of the court:
Two days' confinement at hard labor for $1 forfeiture; one day's
solitary confinement on bread and water diet for two days' confinement
at hard labor or for $1 forfeiture: _Provided_, That a noncommissioned
officer not sentenced to reduction shall not be subject to confinement:
_And provided_, That solitary confinement shall not exceed fourteen
days at one time nor be repeated until fourteen days have elapsed, and
shall not exceed eighty-four days in one year. Whenever the limit herein
prescribed for an offense or offenses may be brought within the
punishing power of inferior courts-martial, as defined by the
eighty-third article of war, by substitution of punishment under the
provisions of this article, the said courts have jurisdiction of such
offense or offenses.
ARTICLE VIII.
Noncommissioned officers above the rank of corporal shall not, if they
object thereto, be brought to trial before regimental, garrison, or
summary courts-martial without the authority of the officer competent to
order their trial by general court-martial, nor shall sergeants of the
post noncommissioned staff or hospital stewards be reduced, but they may
be dishonorably discharged whenever reduction is included in the limit
of punishment.
GROVER CLEVELAND.
[Footnote 19: See pp. 167-172.]
[Footnote 20: Upon trial for desertion and conviction of absence without
leave only, the court may, in addition to the limit prescribed for such
absence, award a stoppage of the amount paid for apprehension.]
[Footnote 21: Including first and excluding last.]
[Footnote 22: In specifications to charges of larceny or embezzlement the
value of the property shall be stated.]
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _April 15, 1895_.
Whereas on November 2, 1894, Departmental Rule II, section 4, Customs
Rule II, section 6, Postal Rule II, section 6, Railway Mail Rule II,
section 6, were amended to declare that no person appointed to a place
under any exception to examination should be transferred from such place
to another place not also excepted from examination; and
Whereas it was not my intention that these several amendments should be
retroactive in their effect:
I therefore direct that the word "hereafter" be inserted after the word
"person" in the first line of each of said sections as of the date of
said amendments, viz, November 2, 1894.
Approved: GROVER CLEVELAND.
CIVIL SERVICE.--INTERNAL-REVENUE RULES.
ADOPTING AND PROMULGATING ORDER.
MAY 7, 1895.
In the exercise of the power vested in him by the Constitution, by the
seventeen hundred and fifty-third section of the Revised Statutes, and
the act entitled "An act to regulate and improve the civil service of
the United States," approved January 16, 1883, the President hereby
makes and promulgates the following rules concerning the classified
internal-revenue service, to be known as the Internal-Revenue Rules:
INTERNAL-REVENUE RULE I.
The classified internal-revenue service shall include all the clerks,
storekeepers, storekeepers and gaugers, and gaugers classified under the
provisions of section 6 of the act to regulate and improve the civil
service of the United States, approved January 16, 1883.
INTERNAL-REVENUE RULE II.
1. To test fitness for admission to the classified internal-revenue
service, examinations of a practical character shall be provided on such
subjects as the Commission may direct.
2. The following age limitations shall apply to applicants for the
classified internal-revenue service: For clerk, not under 18 years of
age; for storekeepers, storekeepers and gaugers, and for gaugers, not
under 21 years of age.
3. Blank forms of application shall be furnished by the secretaries of
the several internal-revenue boards of examiners to any person desiring
to be examined who applies therefor in person or by letter in his own
handwriting.
4. The date of reception of each application and also of its approval
by the board shall be noted on the application paper.
5. Exceptions from examination in the classified internal-revenue
service are hereby made as follows:
6. No person appointed to a place excepted from examination by any
internal-revenue rule shall be transferred from such place to another
place not also excepted from examination.
INTERNAL-REVENUE RULE III.
1. The Commission shall appoint in each classified internal-revenue
district a board of examiners, which shall--
(_a_) Conduct all examinations for admission to or promotion in the
classified service of the internal-revenue district in which the board
is located.
(_b_) Conduct such other examinations as the Commission may direct.
(_c_) Mark the papers of such examinations as the Commission may
direct.
2. The papers of every examination shall be marked under the direction
of the Commission, and each competitor shall be graded on a scale of
100, according to general average determined by the marks of the
examiners.
3. Immediately after the general average shall have been ascertained
each competitor shall be notified that he has passed or has failed to
pass.
4. No competitor who has failed to pass an examination and no eligible
during the period of his eligibility shall be allowed reexamination
unless he shall furnish satisfactory evidence to the Commission that at
the time of his examination he was, because of illness or other good
cause, incapable of doing himself justice; and his rating on such
reexamination, if an eligible, shall cancel and be a substitute for his
rating on his previous examination.
5. All competitors whose claim to preference under section 1754, Revised
Statutes, has been allowed by the Commission who attain a general
average of 65 per cent or over, and all other competitors who attain a
general average of 70 per cent or over, shall be eligible for
appointment to the place for which they were examined, and the names of
all the eligibles shall be entered in the order of grade on the proper
register of eligibles.
6. When two or more eligibles are of the same grade, preference in
certification shall be determined by the order in which their
application papers were filed.
7. The period of eligibility shall be one year from the date on which
the name of the eligible is entered on the register.
INTERNAL-REVENUE RULE IV.
1. All vacancies, unless filled by promotion, reduction, transfer, or
reappointment, shall be filled in the following manner:
(_a_) When a vacancy occurs in any district, the collector thereof
shall report the fact to the Commissioner of Internal Revenue, stating
the class in which the vacancy occurs and whether in his judgment the
place should be filled. If the Commissioner decides that the good of the
public service requires that it be filled, he shall request the
secretary of the board of examiners of that district to certify to him
the names of persons eligible to the vacant place.
(_b_) If fitness for the vacant place is tested by competitive
examination, the names of the three eligibles highest in grade on the
proper register who have not been three times certified shall be
certified; but if the request indicates the sex of the eligibles desired
the three highest in grade of that sex shall be certified: _Provided_,
That the eligibles upon any register who have been allowed preference
under section 1754 of the Revised Statutes shall be certified,
according to their grade, before all other eligibles thereon:
_Provided further_, That no certification for an appointment shall
be made under this clause while there are persons in the district in
which any vacancy may exist, who have been removed from the service in
that district on account of a reduction of the force or otherwise, who
are eligible for reinstatement under Internal-Revenue Rule VII, and who
are willing to reenter the service by reinstatement. Every collector of
internal revenue shall keep a list of all such persons in his office,
and said persons shall have preference for reinstatement to the service
in the order of their separation therefrom.
(_c_) No eligible shall be certified more than three times.
2. Of the three names certified to him the Commissioner of Internal
Revenue shall select one, and may select more than one if more than one
vacancy exists at the time the certification is made. If the vacancy is
in the class of clerk, the Commissioner shall certify the name of the
person selected by him to the collector of the district in which the
vacancy occurs and the collector shall make the appointment. If the
vacancy is in the storekeepers', gaugers', or storekeepers and gaugers'
class, the Commissioner of Internal Revenue shall certify the name to
the Secretary of the Treasury with his recommendation that the person
whose name is thus certified be appointed: _Provided_, That if any
objection is made under section 3 of General Rule IV to any eligible
certified, and is sustained by the Commission, another eligible shall
be certified in the place of the one objected to.
3. Each person thus selected for appointment shall be notified, and upon
indicating his acceptance shall be appointed for a probationary period
of six months, at the end of which period, if his conduct and capacity
be satisfactory to the appointing officer, he shall receive absolute
appointment; but if his conduct and capacity be not satisfactory to said
officer he shall be so notified, and this notification shall be his
discharge from the service: _Provided_, That any probationer may
be discharged during probation for misconduct or evident unfitness or
incapacity.
4. The Commissioner of Internal Revenue shall require the collector
under whom a probationer is serving to carefully observe and report
in writing upon the services rendered by and the character and
qualifications of such probationer as to punctuality, industry, habits,
ability, and adaptability. These reports shall be preserved on file in
the office of the collector, and copies thereof shall be filed with the
Commissioner of Internal Revenue for such disposition as the Secretary
of the Treasury may direct. The Civil Service Commission may prescribe
the form and manner in which these reports shall be made.
5. In case of the occurrence of a vacancy in the classified service
of any internal-revenue collection district which the public interest
requires shall be immediately filled, and there is no eligible entitled
to reinstatement under section 1, clause (_b_), of this rule or
remaining on the proper register, such vacancy, if in the class of
storekeeper, storekeeper and gauger, or clerk, may be filled without
examination and certification by a temporary designation by the
collector of the district of some suitable person to perform the duties
of the position until a regular appointment can be made under the
provisions of sections 1, 2, and 3 of this rule: _Provided_, That
service under such temporary designation shall in no case continue
longer than six months, and shall expire by limitation at the end of
that time: _And provided further_, That no person shall serve more
than six months in any one year under such temporary designation, the
year limitation in regard to such designation to begin to run on the
date thereof.
Every such temporary designation and also the discontinuance of the same
shall at once be reported to the Commission.
INTERNAL-REVENUE RULE V.
Until promotion regulations shall have been applied to a classified
internal-revenue collection district promotions therein may be made
upon any test of fitness determined upon by the Commissioner of
Internal Revenue, with the approval of the Commission: _Provided_,
That no employee shall be promoted to any grade he could not enter by
appointment under the minimum age limitation applied thereto by section
2 of Internal-Revenue Rule II.
INTERNAL-REVENUE RULE VI.
Transfers may be made as follows:
From one classified internal-revenue collection district to another,
from any classified internal-revenue collection district to a bureau
in the Treasury Department in which business relating to the internal
revenue is transacted, and from such a bureau in the Treasury Department
to such a district, upon the requisition of the Secretary of the
Treasury and the certification of the Commission, the appointment upon
such transfer to be made by the Secretary of the Treasury, upon the
recommendation of the Commissioner of Internal Revenue, if the place
to be filled by such transfer is that of storekeeper, storekeeper and
gauger, or gauger: _Provided_, That no person shall be transferred
as herein authorized who is not within the age limitations prescribed by
the civil-service rules for the place to which he is to be transferred
and who has not been absolutely appointed, or, if appointed without
civil-service examination, who has not served six months continuously
in the district or bureau from which he is to be transferred.
INTERNAL-REVENUE RULE VII.
Upon the requisition of the Commissioner of Internal Revenue the
secretary of the board of examiners for his district shall certify for
reinstatement in a grade requiring no higher examination than the one
in which he was formerly employed any person who within one year next
preceding the date of the requisition has through no delinquency or
misconduct been separated from the classified service of said district:
_Provided_, That certification may be made, subject to the other
conditions of this rule, for the reinstatement of any person who served
in the military or naval service of the United States in the late War
of the Rebellion and was honorably discharged therefrom, or the widow
of any such person, without regard to the length of time he or she has
been separated from the service.
INTERNAL-REVENUE RULE VIII.
Each collector in the classified internal-revenue service shall report
to the board of examiners--
(_a_) Every probational and every absolute appointment and every
appointment to an excepted or to an unclassified place in the
internal-revenue service under him.
(_b_) Every refusal to make an absolute appointment and the reason
therefor, and every refusal to accept an appointment,
(_c_) Every separation from the internal-revenue service under
him and the cause of such separation, whether death, resignation, or
dismissal.
(_d_) Every restoration to the internal-revenue service under him.
GROVER CLEVELAND.
AMENDMENT OF CUSTOMS RULE IV.
Customs Rule IV is hereby amended by adding thereto the following
section, to be numbered 5:
5. In case of the occurrence of a vacancy in the classified service
of any customs district which the public interest requires shall be
immediately filled, and there is no eligible remaining on the proper
register, such vacancy may be filled by temporary appointment without
examination and certification until a regular appointment can be made
under the provisions of sections 1 and 2 of this rule: _Provided_,
That such temporary appointment shall in no case continue longer than
ninety days and shall expire by limitation at the end of that time:
_And provided further_, That no person shall serve more than
ninety days in any one year under such temporary appointment, the year
limitation in regard to such appointment to begin to run on the date
thereof.
Every such temporary appointment and also the discontinuance of the same
shall at once be reported to the Commission.
Approved, May 18, 1895.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _Washington, D.C., May 16, 1895_.
Special Departmental Rule No. 1 is hereby amended as follows:
Include among the places excepted from examination therein the
following:
6. In the Department of Agriculture: The chief of the dairy division.
Approved, May 24, 1895.
GROVER CLEVELAND, _President_.
CIVIL SERVICE.--EXECUTIVE ORDER REVOKED.
EXECUTIVE MANSION, _May 24., 1895_.
The Executive order heretofore issued under General Rule III, section 2,
clause (_c_) that provides for the appointment of four clerks in
the division of accounts and disbursements in the Department of
Agriculture by noncompetitive examination is hereby revoked, and
hereafter these positions will be filled through competitive
examination.
Approved: GROVER CLEVELAND.
CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION.
EXECUTIVE MANSION, _May 24, 1895_.
In pursuance of the authority contained in the third paragraph of
section 6 of the act entitled "An act to regulate and improve the civil
service of the United States," approved January 16, 1883, the Secretary
of Agriculture is hereby directed to amend the classification of the
Department of Agriculture so as to include among the classes covered
thereby clerks, microscopists, assistant microscopists, stock examiners,
taggers, agents, and all other employees, except temporary laborers, in
the Bureau of Animal Industry of the Department of Agriculture outside
of Washington, D.C., all State statistical agents of the Department of
Agriculture outside of Washington, D.C., and all messengers in the
Weather Bureau of the Department of Agriculture outside of Washington,
D.C. The classification when so amended shall take effect on July 1,
1895.
Approved: GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _May 24, 1895_.
Special Departmental Rule No. 1, section 6, is hereby amended by
striking out the whole of said section and substituting therefor the
following:
6. In the Department of Agriculture, in the office of the Secretary:
Private secretary to the chief clerk, and wood engravers; scientific or
professional experts employed for a period of not exceeding six months
outside of Washington, D.C., in investigations specially authorized by
Congress, but no such expert shall be reappointed as an expert unless
the United States Civil Service Commission shall certify that such
person has passed a suitable examination and is eligible for such
appointment. This exception does not include any person to be employed
in that Department in Washington, D.C., nor any person whose duties are
not scientific or professional or who is not expert in the particular
line of scientific or professional inquiry in which such person is to
be employed.
Approved: GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _May 24, 1895_.
Special Departmental Rule No. I, clause 3, is hereby amended by adding
to the places excepted from examination in the Department of the
Interior the following:
In the Bureau of Education: Specialist in foreign educational systems
and specialist in education as a preventive of pauperism and crime.
Approved: GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
DEPARTMENTAL RULE II.
EXECUTIVE MANSION, _May 24, 1895_.
Section 3 is hereby amended as follows: At the end of clause (_b_)
add the following: "nor the cashier, nor the two clerks employed as
assistant disbursing clerks in the division of accounts and
disbursements in the Department of Agriculture."
At the end of clause (_c_) add the following: "but not including
the disbursing clerk in the division of accounts and disbursements in
the Department of Agriculture."
At the end of clause (_e_) add the following: "except those of the
Weather Bureau and the Bureau of Animal Industry, in the Department of
Agriculture."
At the end of clause (_f_) add the following: "except all chiefs of
division in the Department of Agriculture."
The section as amended will read:
3. Exceptions from examination in the classified departmental service
are hereby made as follows:
(_a_) One private secretary or one confidential clerk of the head
of each classified Department and of each Assistant Secretary thereof,
and also of each head of bureau appointed by the President by and with
the advice and consent of the Senate.
(_b_) Direct custodians of money for whose fidelity another officer
is under official bond; but this exception shall not include any officer
below the grade of assistant cashier or assistant teller, nor the
cashier, nor the two clerks employed as assistant disbursing clerks in
the division of accounts and disbursements in the Department of
Agriculture.
(_c_) Disbursing officers who give bonds, but not including the
disbursing clerk in the division of accounts and disbursements in the
Department of Agriculture.
(_d_) Persons employed exclusively in the secret service of the
Government.
(_e_) Chief clerks, except those of the Weather Bureau and of the
Bureau of Animal Industry, in the Department of Agriculture.
(_f_) Chiefs of division, except all chiefs of division in the
Department of Agriculture.
GROVER CLEVELAND.
EXECUTIVE MANSION, _May 28, 1895_.
_To the Heads of the Executive Departments_:
As a mark of respect to the memory of the Hon. Walter Q. Gresham, late
Secretary of State, the President directs that the several Executive
Departments and the Government Printing Office, in the city of
Washington, be closed on Wednesday, the 29th day of May, 1895, the day
of the funeral.
HENRY T. THURBER,
_Private Secretary_.
EXECUTIVE MANSION, _May 28, 1895_.
_It is hereby ordered_, That the several Executive Departments and
the Government Printing Office be closed on Thursday, the 30th instant,
to enable the employees to participate in the decoration of the graves
of the soldiers and sailors who fell in defense of the Union during the
War of the Rebellion.
GROVER CLEVELAND.
CIVIL SERVICE.--GOVERNMENT PRINTING OFFICE RULES.
ADOPTING AND PROMULGATING ORDER.
EXECUTIVE MANSION, _June 13, 1895_.
In the exercise of the power vested in him by the Constitution, by the
seventeen hundred and fifty-third section of the Revised Statutes, and
the act entitled "An act to regulate and improve the civil service of
the United States," approved January 16, 1883, the President hereby
makes and promulgates the following rules concerning the classified
service of the Government Printing Office, to be known as the Government
Printing Office Rules:
RULE I.
1. The classified service of the Government Printing Office shall
include all persons employed in that office. except those appointed by
and with the advice and consent of the Senate and unskilled laborers or
workmen,
2. The officers, clerks, and other employees of the Government Printing
Office are hereby arranged in the following classes:
_Class 1_.--All persons receiving an annual salary of less than
$720, or a compensation at the rate of less than $720 per annum.
_Class 2_.--All persons receiving an annual salary of $720 or more,
or a compensation at the rate of $720 or more, but less than $840 per
annum.
_Class 3_.--All persons receiving an annual salary of $840 or more,
or a compensation at the rate of $840 or more, but less than $900 per
annum.
_Class 4_.--All persons receiving an annual salary of $900 or more,
or a compensation at the rate of $900 or more, but less than $1,000 per
annum.
_Class 5_.--All persons receiving an annual salary of $1,000 or
more, or a compensation at the rate of $1,000 or more, but less than
$1,200 per annum.
_Class 6_.--All persons receiving an annual salary of $1,200 or
more, or a compensation at the rate of $1,200 or more, but less than
$1,400 per annum.
_Class 7_.--All persons receiving an annual salary of $1,400 or
more, or a compensation at the rate of $1,400 or more, but less than
$1,600 per annum.
_Class 8_.--All persons receiving an annual salary of $1,600 or
more, or a compensation at the rate of $1,600 or more, but less than
$1,800 per annum.
_Class 9_.--All persons receiving an annual salary of $1,800 or
more or a compensation at the rate of $1,800 or more, but less than
$2,000 per annum.
_Class 10_.--All persons receiving an annual salary of $2,000 or
more, or a compensation at the rate of $2,000 or more per annum.
RULE II.
1. To test fitness for admission to the classified service of the
Government Printing Office, examinations of a practical character shall
be provided by the Commission. If the trade or occupation is such that a
competitive test can not be made, the Commission shall provide
regulations for the registration of applicants without competitive
tests.
2. Any male citizen of the United States not under 21 or over 45 years
of age and any female citizen not under 18 or over 35 years of age may
be examined for positions in the Government Printing Office.
3. No application for a position in the Government Printing Office which
belongs to one of the recognized mechanical trades shall be received
from any applicant who has not served at least five years at the
particular trade to which the position for which he applies belongs, one
year of which service must have been rendered as a journeyman.
4. Blank forms of application shall be furnished by the Commission, and
the date of reception and also of approval by the Commission of each
application shall be entered on the application paper.
RULE III.
1. The grade or standing of every competitor shall be determined under
regulations made by the Commission, and each competitor shall be duly
notified whether or not he is eligible for appointment.
2. No competitor who has failed to obtain an eligible standing shall
be admitted to another test within six months from the date of failure
unless he shall furnish satisfactory evidence to the Commission that at
the time of his examination he was unable to do himself justice because
of illness or other good cause.
3. No eligible shall be admitted to a test during the period of his
eligibility unless he shall furnish satisfactory evidence to the
Commission that at the time of his examination he was unable to do
himself justice because of illness or other good cause.
4. All competitors whose claims of preference under section 1754 of the
Revised Statutes have been allowed by the Commission who attain a
general average of 65 per cent or over, and all other competitors who
attain a general average of 70 per cent or over, shall be eligible for
appointment to the place for which they were examined. The names of all
competitors thus rendered eligible shall be entered in the order of
grade on the proper register of eligibles.
5. The Commission shall establish regulations for the order of
certification of applicants who are registered without competitive
examinations under the provisions of Rule II, paragraph I.
6. When two or more eligibles are of the same grade, preference in
certification shall be determined by the order in which the application
papers are filed.
7. The period of eligibility to appointment shall be one year from the
date on which the name of the eligible is entered on the register,
unless otherwise determined by regulations by the Commission.
RULE IV.
1. All vacancies, unless filled by promotion, transfer, or
reappointment, shall be filled in the following manner:
(_a_) The Public Printer shall, in form and manner to be prescribed
by the Commission, request the certification to him of either males or
females, or both, eligible to the vacant place.
(_b_) If fitness for the vacant place is tested by competitive
examination, the Commission shall certify from the proper register the
names of the three eligibles thereon, of the sex or sexes called for,
having the highest averages, who have not been three times certified:
_Provided_, That the eligibles upon any register who have been
allowed preference under section 1754 of the Revised Statutes shall be
certified according to their grade before all other eligibles thereon:
_And provided further_, That if the vacancy is in a position for
which a competitive examination can not be provided certification shall
be made of the names of the first three eligibles on the register, of
the sex or sexes called for, who have not been three times certified.
2. Of the three names certified to him the Public Printer shall select
one, and if at the time of making this selection there are more
vacancies than one he may select more than one: _Provided_, That if
the Public Printer shall object in writing to any eligible named in the
certification, stating that because of physical incapacity or for other
good cause particularly specified such eligible is not capable of
properly performing the duties of the vacant place, the Commission may,
upon investigation and ascertainment of the fact that the objection made
is good and well founded, direct the certification of another eligible
in place of the eligible to whom objection is made.
3. When a person designated for appointment shall have reported in
person to the Public Printer, he shall be appointed for a probational
period of six months, at the end of which period, if his conduct and
capacity be satisfactory to the Public Printer, he shall receive
absolute appointment; but if his conduct and capacity be not
satisfactory he shall be notified that he will not receive absolute
appointment, and this notification shall discharge him from the service.
The Public Printer shall require the officer under whom the probationer
may be serving to carefully observe and report in writing upon the
services rendered by and the character and qualifications of such
probationer as to punctuality, industry, habits, ability, and
adaptability. These reports shall be preserved on file, and the
Commission may prescribe the form and manner in which they shall be
made.
4. Any person appointed to a position which belongs to one of the
recognized mechanical trades may upon reporting for appointment be
subjected to a practical test under the supervision of a board
designated by the Commission, and if he or she fails to attain a general
average of 70 per cent on a maximum of 100 per cent he or she shall be
rejected for appointment.
5. In case of public and pressing exigency, demanding the immediate
employment of skilled and experienced workmen who can not be at once
supplied in the manner provided for in section 2 of this rule, or by
transfer under Rule VI, or reinstatement under Rule VII, there may be
employed without examination or certification for a period not to exceed
thirty days, which with the consent of the Commission may be extended in
periods of thirty days each, any persons who have the requisite
knowledge or experience who may be available: _Provided_, That no
person shall serve more than ninety days in any one year under such
temporary appointment. The year limitation in regard to appointment
shall begin to run at the date of the original appointment. Every such
temporary appointment and also the discontinuance of the same shall be
at once reported to the Commission.
RULE V.
1. Until promotion regulations shall have been applied to the classified
service of the Government Printing Office promotions therein may be made
upon any test of fitness determined upon by the Public Printer if not
disapproved by the Commission.
RULE VI.
1. Transfers may be made as follows:
(_a_) From a position in the classified service of the Government
Printing Office requiring a knowledge of some mechanical trade to a
position in any one of the Executive Departments requiring a knowledge
of the same mechanical trade, upon requisition from the head of the
Department to which the transfer is to be made and the consent of the
Public Printer: _Provided_, That a person so transferred shall not
be transferred to another position in one of the Executive Departments
unless such other position requires a knowledge of the same mechanical
trade upon which the original transfer was based, nor until he has
served one year in the position to which he was originally transferred.
(_b_) From any Executive Department to the classified service of
the Government Printing Office upon requisition from the Public Printer
and the consent of the head of the Department from which the transfer is
to be made.
2. No person shall be transferred as herein authorized until after
absolute appointment and until the Commission shall have certified to
the officer making the transfer requisition that the person whom it is
proposed to transfer has passed an examination to test fitness for the
place to which he or she is to be transferred. No person shall be
transferred to any place from which he or she may be barred by age
limitations for original entrance or by the rules regulating the
apportionment of appointments among the several States and Territories
and the District of Columbia.
RULE VII.
Upon requisition of the Public Printer the Commission shall certify for
reinstatement in the Government Printing Office, in a grade requiring no
higher examination than the one in which he was formerly employed, any
person who within one year next preceding the date of the requisition
has through no delinquency or misconduct been separated from the
classified service of the Government Printing Office: _Provided_,
That certification may be made, subject to the other conditions of this
rule, for the reinstatement of any person who served in the military or
naval service of the United States in the late War of the Rebellion and
was honorably discharged therefrom, or the widow of any such person,
without regard to the length of time he or she has been separated from
the service.
RULE VIII.
The Public Printer shall report to the Commission--
(_a_) Every probational and every absolute appointment to the
service of the Government Printing Office.
(_b_) Every refusal to make an absolute appointment and the reason
therefor, and every declination of an appointment.
(_c_) Every separation from the service of the Government Printing
Office and the cause of such separation, whether death, resignation, or
dismissal.
Approved:
GROVER CLEVELAND.
CIVIL SERVICE.--EXECUTIVE ORDER WITHDRAWING ENGINEERS AND ASSISTANT
ENGINEERS FROM THE LIST OF PLACES TO BE FILLED BY NONCOMPETITIVE
EXAMINATION.
So much of Executive orders heretofore issued under General Rule III,
section 2, clause (_c_), as provides for the appointment of
engineers and assistant engineers by noncompetitive examination is
hereby revoked, and hereafter engineers and assistant engineers will
be appointed by competitive examination.
Approved, June 25, 1895.
GROVER CLEVELAND.
In the exercise of the power vested in him by the Constitution, by the
seventeen hundred and fifty-third section of the Revised Statutes, and
the act entitled "An act to regulate and improve the civil service of
the United States," approved January 16, 1883, the President hereby
makes and promulgates the following rule to cancel and be in lieu of
Customs Rule V of the Revised Civil-Service Rules:
CUSTOMS RULE V.
1. Until promotion regulations have been applied to a classified customs
district the following promotions may be made therein at any time after
absolute appointment:
(_a_) Any employee in any grade, upon any test of fitness
determined upon by the nominating officer, to any vacant place in the
class next above the one in which he may be serving, except to the
positions of weigher and gauger.
(_b_) Any employee in any grade may be promoted or transferred to a
vacancy in the lowest class of the grade of examiner after passing the
examiner examination, to a vacancy in the lowest class of the grade
of weigher after passing the weigher examination, to a vacancy
in the lowest class of the grade of gauger after passing the gauger
examination, or to a vacancy in the lowest class of any other grade
than the one in which he may be serving upon passing the examination
provided for that grade.
Approved, July 11, 1895.
GROVER CLEVELAND.
CIVIL SERVICE.--CLASSIFICATION OF THE PENSION AGENCIES OF THE INTERIOR
DEPARTMENT.
EXECUTIVE MANSION, _July 15, 1895_.
In the exercise of the power vested in the President by the third
paragraph of section 6 of the act entitled "An act to regulate and
improve the civil service of the United States," approved January 16,
1883, I hereby direct the Secretary of the Interior to amend the
classification of the Department of the Interior so as to include among
the employees classified thereunder the officers, clerks, and other
employees of the pension agencies of said Department.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
DEPARTMENTAL RULE VIII.
Section 1, clause (_a_), is hereby amended as follows: Strike out
the period after the word "made" in the second line, insert a semicolon,
and add the following:
But transfers from a pension agency of the Interior Department may be
made only as follows: From a pension agency of the Interior Department
to the office of the Secretary of the Interior, or of the Assistant
Attorney-General for the Interior Department, or to the Pension Office,
or from any of the above-named offices to a pension agency, or from one
pension agency to another pension agency, upon requisition of the
Secretary of the Interior: _Provided_, That a transfer from a
pension agency to a position in the Interior Department shall not be
made when the person to be transferred would not be eligible to original
appointment in the departmental service under the law requiring an
apportionment of appointments among the States, Territories, and the
District of Columbia according to population.
The section and clause as amended will read:
1. Transfers may be made as follows:
(_a_) From one Department to another, upon requisition by the head
of the Department to which the transfer is to be made; but transfers
from a pension agency of the Interior Department may be made only as
follows: From a pension agency of the Interior Department to the office
of the Secretary of the Interior, or of the Assistant Attorney-General
for the Interior Department, or to the Pension Office, or from any of
the above-named offices to a pension agency, or from one pension agency
to another pension agency, upon requisition of the Secretary of the
Interior: _Provided_, That a transfer from a pension agency to a
position in the Interior Department shall not be made when the person
to be transferred would not be eligible to original appointment in
the departmental service under the law requiring an apportionment of
appointments among the States, Territories, and the District of Columbia
according to population.
Approved, July 15, 1895.
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
DEPARTMENTAL RULE II.
Section 3, providing for exceptions from examination in the classified
departmental service, is hereby amended as follows by the insertion of
clause (_g_):
One designated clerk at each pension agency (designated to sign
official checks for the pension agent).
Section 4 is hereby amended as follows: In the third line, after the
word "examination," add the following proviso:
_Provided_, That any person employed in an excepted place in any
office or bureau at the time when said office or bureau is brought
into the classified service, or any person transferred directly from
a nonexcepted to an excepted place in the office or bureau in which he
is serving, may at any time be directly transferred from such excepted
place to any nonexcepted place in the office or bureau in which he is
serving.
The section as amended will read:
4. No person hereafter appointed to a place under the exceptions to
examination made by any departmental rule shall be transferred from
such place to a place not also excepted from examination: _Provided_,
That any person employed in an excepted place in any office or bureau
at the time when said office or bureau is brought into the classified
service, or any person transferred directly from a nonexcepted to an
excepted place in the office or bureau in which he is serving, may at
any time be directly transferred from such excepted place to any
nonexcepted place in the office or bureau in which he is serving.
Approved, July 15, 1895.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _July 15, 1895_.
Special Departmental Rule I is hereby amended by striking out the whole
of the paragraph in section 3, Department of the Interior, relating to
the Geological Survey and substituting in lieu thereof the following:
In the Geological Survey: Professional experts and special agents
employed for short periods at per diem salaries and paid only when
actually employed.
Approved:
GROVER CLEVELAND.
AMENDMENTS OF CIVIL-SERVICE RULES.
DEPARTMENTAL RULE VII.
Section 2 is hereby amended as follows: At the end of the section, after
the word "law," add the following proviso:
_Provided_, That appointments to positions at pension agencies
shall not be charged to the apportionment.
The section as amended will read as follows:
2. Certifications hereunder shall be made in such a manner as to
maintain as nearly as possible the apportionment of appointments among
the several States and Territories and the District of Columbia as
required by law: _Provided_, That appointments to positions at
pension agencies shall not be charged to the apportionment.
Section 3, paragraph 2, is hereby amended as follows: In the second
line, after the word "register," insert the following: "or when
certification is made from any register to fill a vacancy at any pension
agency."
The paragraph as amended will read:
When certification is made from a supplementary or special register or
the printer's assistant or page and messenger-boy register, or when
certification is made from any register to fill a vacancy at any
pension agency, and there are more vacancies than one to be filled,
the appointing officer may select from the three names certified more
than one.
Section 6 is hereby amended as follows: Strike out the word "and" at the
beginning of line 9, and in line 12, after the word "appointment,"
insert the following proviso:
_And provided further_, That at each pension agency at the time of
the quarterly payment of pensions such temporary appointments may be
made as the needs of the service may demand for a period not to exceed
thirty days, which appointments shall not be extended or renewed until
the date of the next quarterly payment of pensions.
The section as amended will read:
6. In case of the occurrence of a vacancy in any Department which the
public interest requires shall be immediately filled, and which can
not be so filled by certification from the eligible registers of the
Commission, such vacancy may be filled by temporary appointment outside
the civil service until a regular appointment can be made under the
provisions of sections 1, 2, and 3 of this rule: _Provided_, That
such temporary appointment shall in no case continue longer than
ninety days, and shall expire by limitation at the end of that time:
_Provided further_, That no person shall serve longer than the
period herein prescribed in any one year under such temporary
appointment. The year limitation in regard to reappointment shall
begin to run on the date of the original appointment: _And provided
further_, That at each pension agency at the time of the quarterly
payment of pensions such temporary appointments may be made as the
needs of the service may demand for a period not to exceed thirty
days, which appointments shall not be extended or renewed until the
date of the next quarterly payment of pensions. Every such temporary
appointment and the discontinuance of the same shall at once be
reported to the Commission.
Approved, July 15, 1895.
GROVER CLEVELAND.
CIVIL SERVICE.--AMENDMENT OF CLASSIFICATION.
EXECUTIVE MANSION, _July 15, 1895_.
In pursuance of the authority contained in the third paragraph of
section 6 of the act entitled "An act to regulate and improve the civil
service of the United States," approved January 16, 1883, the heads of
the several Executive Departments are hereby directed to amend their
several classifications so as to include firemen among the employees
classified thereunder.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _July 15, 1895_.
Executive orders heretofore issued designating the places to be filled
by noncompetitive examination under clause (_c_) of General Rule III
are hereby amended so as to include among those places in the Department
of the Interior, in the Geological Survey, the editor and the
photographer.
Approved:
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Special Departmental Rule I is hereby amended by adding to the list of
places excepted from examination in the Treasury Department--
In the Bureau of Immigration: One statistician and stenographer, with
power to act as immigrant inspector.
Approved, July 30, 1895.
GROVER CLEVELAND.
AMENDMENT OF CIVIL SERVICE RULES.
Departmental Rule IX, clause 1, paragraph 2, is hereby amended by
striking out in line 1 the words "appointed from the appropriate
register to" and substituting therefor the word "occupying;" by adding
before the word "messenger" in line 2 the following: "engineers,
assistant engineers, firemen;" by striking out in line 3 the words
"below the positions of clerk and copyist" and substituting therefor the
words "the educational test for appointment to which is below the grade
of the educational test required for the position of clerk or copyist;"
and by adding in line 7, after the words "printers' assistants," the
words "and skilled helpers." As amended the paragraph will read as
follows:
Any person occupying the position of engineer, assistant engineer,
fireman, messenger, assistant messenger, watchman, or other subordinate
position the educational test for appointment to which is below the
grade of the educational test required for the position of clerk or
copyist may at any time after absolute appointment, if not barred
by age limitations, be transferred to any other of said subordinate
positions, but shall not be promoted to the position of clerk or
copyist or to any place the duties of which are clerical: _Provided_,
That printers' assistants and skilled helpers in the Bureau of
Engraving and Printing, Treasury Department, shall only be eligible
for transfer to the grade of operator in that Bureau.
Approved, August 5, 1895.
GROVER CLEVELAND.
CIVIL SERVICE.--EXECUTIVE ORDER WITHDRAWING COMPOSITORS AND PRESSMEN
FROM THE LIST OF PLACES TO BE FILLED BY NONCOMPETITIVE EXAMINATION.
EXECUTIVE MANSION, _August 16, 1895_.
So much of Executive orders heretofore issued under General Rule III,
section 2, clause (_c_), as provides for the appointment of
compositors and pressmen by noncompetitive examination is hereby
revoked, and hereafter compositors and pressmen will be appointed by
competitive examination.
Approved:
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _August 22, 1895_.
Government Printing Office Rule II, section 2, is hereby amended by
omitting in line 1, after the words "under 21," the words "or over 45,"
and in line 2, after the words "under 18," the words "or over 35." The
section as amended will read as follows:
2. Any male citizen of the United States not under 21 years of age
and any female citizen not under 18 years of age may be examined for
positions in the Government Printing Office.
Approved:
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _September 5, 1895_.
Special Departmental Rule I is hereby amended by striking out from the
list of places excepted from examination in all the Departments
"bookbinders."
Approved:
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
Special Departmental Rule I is hereby amended to except from examination
in the Department of the Treasury, in the Bureau of Printing and
Engraving, forty-three compositors and eight pressmen now temporarily
employed under authority of the sundry civil act of March 2, 1895, such
employment to cease prior to March 14, 1896. Vacancies occurring in this
force shall be filled only by competitive examination under the
civil-service rules.
Approved, September 16, 1895.
GROVER CLEVELAND.
EXECUTIVE MANSION, _September 20, 1895_.
It being of great importance that the consuls and commercial agents of
the United States shall possess the proper qualifications for their
respective positions, to be ascertained either through a satisfactory
record of previous actual service under the Department of State or
through an appropriate examination:
_It is hereby ordered_, That any vacancy in a consulate or
commercial agency now or hereafter existing the salary of which is not
more than $2,500 nor less than $1,000, or the compensation of which, if
derived from official fees, exclusive of notarial and other unofficial
receipts, does not exceed $2,500 nor fall below $1,000, shall be filled
(_a_) by a transfer or promotion from some other position under the
Department of State of a character tending to qualify the incumbent for
the position to be filled, or (_b_) by appointment of a person not
under the Department of State, but having previously served thereunder
to its satisfaction in a capacity tending to qualify him for the
position to be filled, or (_c_) by the appointment of a person who,
having furnished the customary evidence of character, responsibility,
and capacity, and being thereupon selected by the President for
examination, is found upon such examination to be qualified for the
position.
For the purposes of this order notarial and unofficial fees shall not be
regarded, but the compensation of a consulate or commercial agency shall
be ascertained, if the office is salaried, by reference to the last
preceding appropriation act, and if the office is not salaried by
reference to the returns of official fees for the last preceding fiscal
year.
The examination hereinbefore provided for shall be by a board of three
persons designated by the Secretary of State, who shall also prescribe
the subjects to which such examinations shall relate and the general
mode of conducting the same by the board.
A vacancy in a consulate will be filled at discretion only when a
suitable appointment can not be made in any of the modes indicated in
the second paragraph of this order.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, September 30, 1895_.
Lieutenant-General John M. Schofield having reached the age entitling
him to relief from active military service, he is, in accordance with
the provisions of law, hereby placed upon the retired list of the Army,
to date September 29, 1895, with all the pay and allowances belonging
to his rank upon such retirement.
It is with much regret that the President makes the announcement
that the country is thus to lose from the command of its Army this
distinguished general, who has done so much for its honor and
efficiency. His gallantry in war challenges the admiration of all
his countrymen, while they will not fail to gratefully remember and
appreciate how faithfully he has served his country in times of peace
by his splendid and successful performance of civil as well as military
duty.
Lieutenant-General Schofield's career, exhibiting an unvarying
love for his profession, a jealous care for its honor and good name,
a just apprehension of the subordination it exacts, and a constant
manifestation of the best traits of true Americanism, furnishes to the
Army an example of inestimable value, and should teach all our people
that the highest soldierly qualities are built upon the keenest sense
of the obligations belonging to good citizenship.
GROVER CLEVELAND.
AMENDMENT OF CIVIL-SERVICE RULES.
EXECUTIVE MANSION, _November 6, 1895_.
Section 2 of Postal Rule I is hereby amended by inserting after the word
"thereto" in line 6 the following:
And whenever, by order of the Postmaster-General, any post-office
shall be consolidated with and made part of another post-office where
free delivery is established, all the employees of the office thus
consolidated whose names appear on the roster of said office approved
by the Post-Office Department, and including the postmaster thereof,
shall from the date of said order be employees of said free-delivery
office, and the person holding on the date of said order the position
of postmaster at the office thus consolidated with said free-delivery
office may be assigned to any position therein and given any appropriate
designation under the classification act which the Postmaster-General
may direct.
The section as amended shall read as follows:
2. The classification of the postal service made by the
Postmaster-General under section 6 of the act of January 16, 1883,
is hereby extended to all free-delivery post-offices, and hereafter
whenever any post-office becomes a free-delivery office the said
classification or any then existing classification made by the
Postmaster-General under said section and act shall apply thereto;
and whenever, by order of the Postmaster-General, any post-office
shall be consolidated with and made part of another post-office where
free delivery is established, all the employees of the office thus
consolidated whose names appear on the roster of said office approved
by the Post-Office Department, and including the postmaster thereof,
shall from the date of said order be employees of said free-delivery
office, and the person holding on the date of said order the position
of postmaster at the office thus consolidated with said free-delivery
office may be assigned to any position therein and given any appropriate
designation under the classification act which the Postmaster-General
may direct; and the Civil Service Commission shall provide examinations
to test the fitness of persons to fill vacancies in all free-delivery
post-offices, and these rules shall be in force therein; but this shall
not include any post-office made an experimental free-delivery office
under the authority contained in the appropriation act of March 3, 1891.
Every revision of the classification of any post-office under section 6
of the act of January 16, 1883, and every inclusion of a post-office
within the classified postal service shall be reported to the President.
Approved:
GROVER CLEVELAND.
THIRD ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 2, 1895_.
_To the Congress of the United States_:
The present assemblage of the legislative branch of our Government
occurs at a time when the interests of our people and the needs of
the country give especial prominence to the condition of our foreign
relations and the exigencies of our national finances. The reports of
the heads of the several administrative Departments of the Government
fully and plainly exhibit what has been accomplished within the scope
of their respective duties and present such recommendations for the
betterment of our country's condition as patriotic and intelligent labor
and observation suggest.
I therefore deem my executive duty adequately performed at this time
by presenting to the Congress the important phases of our situation as
related to our intercourse with foreign nations and a statement of the
financial problems which confront us, omitting, except as they are
related to these topics, any reference to departmental operations.
I earnestly invite, however, not only the careful consideration but the
severely critical scrutiny of the Congress and my fellow-countrymen to
the reports concerning these departmental operations. If justly and
fairly examined, they will furnish proof of assiduous and painstaking
care for the public welfare. I press the recommendations they contain
upon the respectful attention of those charged with the duty of
legislation, because I believe their adoption would promote the people's
good.
By amendatory tariff legislation in January last the Argentine Republic,
recognizing the value of the large market opened to the free importation
of its wools under our last tariff act, has admitted certain products
of the United States to entry at reduced duties. It is pleasing to note
that the efforts we have made to enlarge the exchanges of trade on a
sound basis of mutual benefit are in this instance appreciated by the
country from which our woolen factories draw their needful supply of raw
material.
The Missions boundary dispute between the Argentine Republic and Brazil,
referred to the President of the United States as arbitrator during the
term of my predecessor, and which was submitted to me for determination,
resulted in an award in favor of Brazil upon the historical and
documentary evidence presented, thus ending a long-protracted
controversy and again demonstrating the wisdom and desirability of
settling international boundary disputes by recourse to friendly
arbitration.
Negotiations are progressing for a revival of the United States and
Chilean Claims Commission, whose work was abruptly terminated last year
by the expiration of the stipulated time within which awards could be
made.
The resumption of specie payments by Chile is a step of great interest
and importance both in its direct consequences upon her own welfare and
as evincing the ascendency of sound financial principles in one of the
most influential of the South American Republics.
The close of the momentous struggle between China and Japan, while
relieving the diplomatic agents of this Government from the delicate
duty they undertook at the request of both countries of rendering such
service to the subjects of either belligerent within the territorial
limits of the other as our neutral position permitted, developed
a domestic condition in the Chinese Empire which has caused much
anxiety and called for prompt and careful attention. Either as a
result of a weak control by the central Government over the provincial
administrations, following a diminution of traditional governmental
authority under the stress of an overwhelming national disaster, or as
a manifestation upon good opportunity of the aversion of the Chinese
population to all foreign ways and undertakings, there have occurred
in widely separated provinces of China serious outbreaks of the old
fanatical spirit against foreigners, which, unchecked by the local
authorities, if not actually connived at by them, have culminated in
mob attacks on foreign missionary stations, causing much destruction of
property and attended with personal injuries as well as loss of life.
Although but one American citizen was reported to have been actually
wounded, and although the destruction of property may have fallen more
heavily upon the missionaries of other nationalities than our own, it
plainly behooved this Government to take the most prompt and decided
action to guard against similar or perhaps more dreadful calamities
befalling the hundreds of American mission stations which have grown up
throughout the interior of China under the temperate rule of toleration,
custom, and imperial edict. The demands of the United States and other
powers for the degradation and punishment of the responsible officials
of the respective cities and provinces who by neglect or otherwise had
permitted uprisings, and for the adoption of stern measures by the
Emperor's Government for the protection of the life and property of
foreigners, were followed by the disgrace and dismissal of certain
provincial officials found derelict in duty and the punishment by death
of a number of those adjudged guilty of actual participation in the
outrages.
This Government also insisted that a special American commission should
visit the province where the first disturbances occurred for the purpose
of investigation. The latter commission, formed after much opposition,
has gone overland from Tientsin, accompanied by a suitable Chinese
escort, and by its demonstration of the readiness and ability of our
Government to protect its citizens will act, it is believed, as a most
influential deterrent of any similar outbreaks.
The energetic steps we have thus taken are all the more likely to
result in future safety to our citizens in China because the Imperial
Government is, I am persuaded, entirely convinced that we desire only
the liberty and protection of our own citizens and redress for any
wrongs they may have suffered, and that we have no ulterior designs or
objects, political or otherwise. China will not forget either our kindly
service to her citizens during her late war nor the further fact that,
while furnishing all the facilities at our command to further the
negotiation of a peace between her and Japan, we sought no advantages
and interposed no counsel.
The Governments of both China and Japan have, in special dispatches
transmitted through their respective diplomatic representatives,
expressed in a most pleasing manner their grateful appreciation of our
assistance to their citizens during the unhappy struggle and of the
value of our aid in paving the way to their resumption of peaceful
relations.
The customary cordial relations between this country and France have
been undisturbed, with the exception that a full explanation of the
treatment of John L. Waller by the expeditionary military authorities
of France still remains to be given. Mr. Waller, formerly United States
consul at Tamatav, remained in Madagascar after his term of office
expired, and was apparently successful in procuring business concessions
from the Hovas of greater or less value. After the occupation of Tamatav
and the declaration of martial law by the French he was arrested upon
various charges, among them that of communicating military information
to the enemies of France, was tried and convicted by a military
tribunal, and sentenced to twenty years' imprisonment.
Following the course justified by abundant precedents, this Government
requested from that of France the record of the proceedings of the
French tribunal which resulted in Mr. Waller's condemnation. This
request has been complied with to the extent of supplying a copy of the
official record, from which appear the constitution and organization of
the court, the charges as formulated, and the general course and result
of the trial, and by which it is shown that the accused was tried in
open court and was defended by counsel; but the evidence adduced in
support of the charges, which was not received by the French minister
for foreign affairs till the first week in October, has thus far been
withheld, the French Government taking the ground that its production in
response to our demand would establish a bad precedent. The efforts of
our ambassador to procure it, however, though impeded by recent changes
in the French ministry, have not been relaxed, and it is confidently
expected that some satisfactory solution of the matter will shortly be
reached. Meanwhile it appears that Mr. Waller's confinement has every
alleviation which the state of his health and all the other
circumstances of the case demand or permit.
In agreeable contrast to the difference above noted respecting a matter
of common concern, where nothing is sought except such a mutually
satisfactory outcome as the true merits of the case require, is the
recent resolution of a permanent treaty of arbitration between the two
countries.
An invitation has been extended by France to the Government and people
of the United States to participate in a great international exposition
at Paris in 1900 as a suitable commemoration of the close of this the
world's marvelous century of progress. I heartily recommend its
acceptance, together with such legislation as will adequately provide
for a due representation of this Government and its people on the
occasion.
Our relations with the States of the German Empire are in some aspects
typical of a condition of things elsewhere found in countries whose
productions and trade are similar to our own. The close rivalries of
competing industries; the influence of the delusive doctrine that the
internal development of a nation is promoted and its wealth increased
by a policy which, in undertaking to reserve its home markets for the
exclusive use of its own producers, necessarily obstructs their sales
in foreign markets and prevents free access to the products of the
world; the desire to retain trade in time-worn ruts, regardless of
the inexorable laws of new needs and changed conditions of demand and
supply, and our own halting tardiness in inviting a freer exchange of
commodities, and by this means imperiling our footing in the external
markets naturally open to us, have created a situation somewhat
injurious to American export interests, not only in Germany, where they
are perhaps most noticeable, but in adjacent countries. The exports
affected are largely American cattle and other food products, the reason
assigned for unfavorable discrimination being that their consumption is
deleterious to the public health. This is all the more irritating in
view of the fact that no European state is as jealous of the excellence
and wholesomeness of its exported food supplies as the United States,
nor so easily able, on account of inherent soundness, to guarantee those
qualities.
Nor are these difficulties confined to our food products designed for
exportation. Our great insurance companies, for example, having built
up a vast business abroad and invested a large share of their gains in
foreign countries in compliance with the local laws and regulations then
existing, now find themselves within a narrowing circle of onerous and
unforeseen conditions, and are confronted by the necessity of retirement
from a field thus made unprofitable, if, indeed, they are not summarily
expelled, as some of them have lately been from Prussia.
It is not to be forgotten that international trade can not be one-sided.
Its currents are alternating, and its movements should be honestly
reciprocal. Without this it almost necessarily degenerates into a device
to gain advantage or a contrivance to secure benefits with only the
semblance of a return. In our dealings with other nations we ought
to be open-handed and scrupulously fair. This should be our policy
as a producing nation, and it plainly becomes us as a people who love
generosity and the moral aspects of national good faith and reciprocal
forbearance.
These considerations should not, however, constrain us to submit to
unfair discrimination nor to silently acquiesce in vexatious hindrances
to the enjoyment of our share of the legitimate advantages of proper
trade relations. If an examination of the situation suggests such
measures on our part as would involve restrictions similar to those from
which we suffer, the way to such a course is easy. It should, however,
by no means be lightly entered upon, since the necessity for the
inauguration of such a policy would be regretted by the best sentiment
of our people and because it naturally and logically might lead to
consequences of the gravest character.
I take pleasure in calling to your attention the encomiums bestowed on
those vessels of our new Navy which took part in the notable ceremony of
the opening of the Kiel Canal. It was fitting that this extraordinary
achievement of the newer German nationality should be celebrated in the
presence of America's exposition of the latest developments of the
world's naval energy.
Our relations with Great Britain, always intimate and important, have
demanded during the past year even a greater share of consideration than
is usual.
Several vexatious questions were left undetermined by the decision of
the Bering Sea Arbitration Tribunal. The application of the principles
laid down by that august body has not been followed by the results they
were intended to accomplish, either because the principles themselves
lacked in breadth and definiteness or because their execution has been
more or less imperfect. Much correspondence has been exchanged between
the two Governments on the subject of preventing the exterminating
slaughter of seals. The insufficiency of the British patrol of Bering
Sea under the regulations agreed on by the two Governments has been
pointed out, and yet only two British ships have been on police duty
during this season in those waters.
The need of a more effective enforcement of existing regulations as well
as the adoption of such additional regulations as experience has shown
to be absolutely necessary to carry out the intent of the award have
been earnestly urged upon the British Government, but thus far without
effective results. In the meantime the depletion of the seal herds by
means of pelagic hunting has so alarmingly progressed that unless their
slaughter is at once effectively checked their extinction within a few
years seems to be a matter of absolute certainty.
The understanding by which the United States was to pay and Great
Britain to receive a lump sum of $425,000 in full settlement of
all British claims for damages arising from our seizure of British
sealing vessels unauthorized under the award of the Paris Tribunal of
Arbitration was not confirmed by the last Congress, which declined to
make the necessary appropriation. I am still of the opinion that this
arrangement was a judicious and advantageous one for the Government,
and I earnestly recommend that it be again considered and sanctioned.
If, however, this does not meet with the favor of Congress, it certainly
will hardly dissent from the proposition that the Government is bound by
every consideration of honor and good faith to provide for the speedy
adjustment of these claims by arbitration as the only other alternative.
A treaty of arbitration has therefore been agreed upon, and will be
immediately laid before the Senate, so that in one of the modes
suggested a final settlement may be reached.
Notwithstanding that Great Britain originated the proposal to enforce
international rules for the prevention of collisions at sea, based on
the recommendations of the Maritime Conference of Washington, and
concurred in, suggesting March 11, 1895, as the date to be set by
proclamation for carrying these rules into general effect, Her Majesty's
Government, having encountered opposition on the part of British
shipping interests, announced its inability to accept that date, which
was consequently canceled. The entire matter is still in abeyance,
without prospect of a better condition in the near future.
The commissioners appointed to mark the international boundary in
Passamaquoddy Bay according to the description of the treaty of Ghent
have not yet fully agreed.
The completion of the preliminary survey of that Alaskan boundary which
follows the contour of the coast from the southernmost point of Prince
of Wales Island until it strikes the one hundred and forty-first
meridian at or near the summit of Mount St. Elias awaits further
necessary appropriation, which is urgently recommended. This survey was
undertaken under the provisions of the convention entered into by this
country and Great Britain July 22, 1892, and the supplementary
convention of February 3, 1894.
As to the remaining section of the Alaskan boundary, which follows the
one hundred and forty-first meridian northwardly from Mount St. Elias
to the Frozen Ocean, the settlement of which involves the physical
location of the meridian mentioned, no conventional agreement has yet
been made. The ascertainment of a given meridian at a particular point
is a work requiring much time and careful observations and surveys.
Such observations and surveys were undertaken by the United States Coast
and Geodetic Survey in 1890 and 1891, while similar work in the same
quarters, under British auspices, is believed to give nearly coincident
results; but these surveys have been independently conducted, and no
international agreement to mark those or any other parts of the one
hundred and forty-first meridian by permanent monuments has yet been
made. In the meantime the valley of the Yukon is becoming a highway
through the hitherto unexplored wilds of Alaska, and abundant mineral
wealth has been discovered in that region, especially at or near the
junction of the boundary meridian with the Yukon and its tributaries. In
these circumstances it is expedient, and, indeed, imperative, that the
jurisdictional limits of the respective Governments in this new region
be speedily determined. Her Britannic Majesty's Government has proposed
a joint delimitation of the one hundred and forty-first meridian by an
international commission of experts, which, if Congress will authorize
it and make due provision therefor, can be accomplished with no
unreasonable delay. It is impossible to overlook the vital importance of
continuing the work already entered upon and supplementing it by further
effective measures looking to the exact location of this entire boundary
line.
I call attention to the unsatisfactory delimitation of the respective
jurisdictions of the United States and the Dominion of Canada in the
Great Lakes at the approaches to the narrow waters that connect them.
The waters in question are frequented by fishermen of both nationalities
and their nets are there used. Owing to the uncertainty and ignorance as
to the true boundary, vexatious disputes and injurious seizures of boats
and nets by Canadian cruisers often occur, while any positive settlement
thereof by an accepted standard is not easily to be reached. A joint
commission to determine the line in those quarters on a practical basis,
by measured courses following range marks on shore, is a necessity for
which immediate provision should be made.
It being apparent that the boundary dispute between Great Britain and
the Republic of Venezuela concerning the limits of British Guiana was
approaching an acute stage, a definite statement of the interest and
policy of the United States as regards the controversy seemed to be
required both on its own account and in view of its relations with the
friendly powers directly concerned. In July last, therefore, a dispatch
was addressed to our ambassador at London for communication to the
British Government in which the attitude of the United States was fully
and distinctly set forth. The general conclusions therein reached and
formulated are in substance that the traditional and established policy
of this Government is firmly opposed to a forcible increase by any
European power of its territorial possessions on this continent; that
this policy is as well founded in principle as it is strongly supported
by numerous precedents; that as a consequence the United States is bound
to protest against the enlargement of the area of British Guiana in
derogation of the rights and against the will of Venezuela; that
considering the disparity in strength of Great Britain and Venezuela
the territorial dispute between them can be reasonably settled only
by friendly and impartial arbitration, and that the resort to such
arbitration should include the whole controversy, and is not satisfied
if one of the powers concerned is permitted to draw an arbitrary line
through the territory in debate and to declare that it will submit to
arbitration only the portion lying on one side of it. In view of these
conclusions, the dispatch in question called upon the British Government
for a definite answer to the question whether it would or would not
submit the territorial controversy between itself and Venezuela in its
entirety to impartial arbitration. The answer of the British Government
has not yet been received, but is expected shortly, when further
communication on the subject will probably be made to the Congress.
Early in January last an uprising against the Government of Hawaii was
promptly suppressed. Martial law was forthwith proclaimed and numerous
arrests were made of persons suspected of being in sympathy with the
Royalist party. Among these were several citizens of the United States,
who were either convicted by a military court and sentenced to death,
imprisonment, or fine or were deported without trial. The United States,
while denying protection to such as had taken the Hawaiian oath of
allegiance, insisted that martial law, though altering the forms of
justice, could not supersede justice itself, and demanded stay of
execution until the proceedings had been submitted to this Government
and knowledge obtained therefrom that our citizens had received fair
trial. The death sentences were subsequently commuted or were remitted
on condition of leaving the islands. The cases of certain Americans
arrested and expelled by arbitrary order without formal charge or trial
have had attention, and in some instances have been found to justify
remonstrance and a claim for indemnity, which Hawaii has not thus far
conceded.
Mr. Thurston, the Hawaiian minister, having furnished this Government
abundant reason for asking that he be recalled, that course was pursued,
and his successor has lately been received.
The deplorable lynching of several Italian laborers in Colorado was
naturally followed by international representations, and I am happy to
say that the best efforts of the State in which the outrages occurred
have been put forth to discover and punish the authors of this atrocious
crime. The dependent families of some of the unfortunate victims invite
by their deplorable condition gracious provision for their needs.
These manifestations against helpless aliens may be traced through
successive stages to the vicious _padroni_ system, which, unchecked
by our immigration and contract-labor statutes, controls these workers
from the moment of landing on our shores and farms them out in distant
and often rude regions, where their cheapening competition in the fields
of bread-winning toil brings them into collision with other labor
interests. While welcoming, as we should, those who seek our shores to
merge themselves in our body politic and win personal competence by
honest effort, we can not regard such assemblages of distinctively alien
laborers, hired out in the mass to the profit of alien speculators and
shipped hither and thither as the prospect of gain may dictate, as
otherwise than repugnant to the spirit of our civilization, deterrent
to individual advancement, and hindrances to the building up of stable
communities resting upon the wholesome ambitions of the citizen and
constituting the prime factor in the prosperity and progress of our
nation. If legislation can reach this growing evil, it certainly should
be attempted.
Japan has furnished abundant evidence of her vast gain in every trait
and characteristic that constitutes a nation's greatness. We have reason
for congratulation in the fact that the Government of the United States,
by the exchange of liberal treaty stipulations with the new Japan, was
the first to recognize her wonderful advance and to extend to her the
consideration and confidence due to her national enlightenment and
progressive character.
The boundary dispute which lately threatened to embroil Guatemala and
Mexico has happily yielded to pacific counsels, and its determination
has, by the joint agreement of the parties, been submitted to the sole
arbitration of the United States minister to Mexico.
The commission appointed under the convention of February 18, 1889, to
set new monuments along the boundary between the United States and
Mexico has completed its task.
As a sequel to the failure of a scheme for the colonization in Mexico
of negroes, mostly immigrants from Alabama under contract, a great
number of these helpless and suffering people, starving and smitten
with contagious disease, made their way or were assisted to the
frontier, where, in wretched plight, they were quarantined by the Texas
authorities. Learning of their destitute condition, I directed rations
to be temporarily furnished them through the War Department. At the
expiration of their quarantine they were conveyed by the railway
companies at comparatively nominal rates to their homes in Alabama, upon
my assurance, in the absence of any fund available for the cost of their
transportation, that I would recommend to Congress an appropriation for
its payment. I now strongly urge upon Congress the propriety of making
such an appropriation. It should be remembered that the measures taken
were dictated not only by sympathy and humanity, but by a conviction
that it was not compatible with the dignity of this Government that so
large a body of our dependent citizens should be thrown for relief upon
the charity of a neighboring state.
In last year's message I narrated at some length the jurisdictional
questions then freshly arisen in the Mosquito Indian Strip of Nicaragua.
Since that time, by the voluntary act of the Mosquito Nation, the
territory reserved to them has been incorporated with Nicaragua, the
Indians formally subjecting themselves to be governed by the general
laws and regulations of the Republic instead of by their own customs and
regulations, and thus availing themselves of a privilege secured to them
by the treaty between Nicaragua and Great Britain of January 28, 1860.
After this extension of uniform Nicaraguan administration to the
Mosquito Strip, the case of the British vice-consul, Hatch, and of
several of his countrymen who had been summarily expelled from Nicaragua
and treated with considerable indignity provoked a claim by Great
Britain upon Nicaragua for pecuniary indemnity, which, upon Nicaragua's
refusal to admit liability, was enforced by Great Britain. While the
sovereignty and jurisdiction of Nicaragua was in no way questioned by
Great Britain, the former's arbitrary conduct in regard to British
subjects furnished the ground for this proceeding.
A British naval force occupied without resistance the Pacific seaport
of Corinto, but was soon after withdrawn upon the promise that the sum
demanded would be paid. Throughout this incident the kindly offices of
the United States were invoked and were employed in favor of as peaceful
a settlement and as much consideration and indulgence toward Nicaragua
as were consistent with the nature of the case. Our efforts have since
been made the subject of appreciative and grateful recognition by
Nicaragua.
The coronation of the Czar of Russia at Moscow in May next invites the
ceremonial participation of the United States, and in accordance with
usage and diplomatic propriety our minister to the imperial court has
been directed to represent our Government on the occasion.
Correspondence is on foot touching the practice of Russian consuls
within the jurisdiction of the United States to interrogate citizens as
to their race and religious faith, and upon ascertainment thereof to
deny to Jews authentication of passports or legal documents for use in
Russia. Inasmuch as such a proceeding imposes a disability which in the
case of succession to property in Russia may be found to infringe the
treaty rights of our citizens, and which is an obnoxious invasion of
our territorial jurisdiction, it has elicited fitting remonstrance, the
result of which, it is hoped, will remove the cause of complaint. The
pending claims of sealing vessels of the United States seized in Russian
waters remain unadjusted. Our recent convention with Russia establishing
a _modus vivendi_ as to imperial jurisdiction in such cases has
prevented further difficulty of this nature.
The Russian Government has welcomed in principle our suggestion for a
_modus vivendi_, to embrace Great Britain and Japan, looking to the
better preservation of seal life in the North Pacific and Bering Sea and
the extension of the protected area defined by the Paris Tribunal to all
Pacific waters north of the thirty-fifth parallel. It is especially
noticeable that Russia favors prohibition of the use of firearms in seal
hunting throughout the proposed area and a longer closed season for
pelagic sealing.
In my last two annual messages I called the attention of the Congress
to the position we occupied as one of the parties to a treaty or
agreement by which we became jointly bound with England and Germany
to so interfere with the government and control of Samoa as in effect
to assume the management of its affairs.[23] On the 9th day of May, 1894,
I transmitted to the Senate a special message,[24] with accompanying
documents, giving information on the subject and emphasizing the opinion
I have at all times entertained, that our situation in this matter was
inconsistent with the mission and traditions of our Government, in
violation of the principles we profess, and in all its phases
mischievous and vexatious.
I again press this subject upon the attention of the Congress and ask
for such legislative action or expression as will lead the way to our
relief from obligations both irksome and unnatural.
Cuba is again gravely disturbed. An insurrection in some respects more
active than the last preceding revolt, which continued from 1868 to
1878, now exists in a large part of the eastern interior of the island,
menacing even some populations on the coast. Besides deranging the
commercial exchanges of the island, of which our country takes the
predominant share, this flagrant condition of hostilities, by arousing
sentimental sympathy and inciting adventurous support among our people,
has entailed earnest effort on the part of this Government to enforce
obedience to our neutrality laws and to prevent the territory of the
United States from being abused as a vantage ground from which to aid
those in arms against Spanish sovereignty.
Whatever may be the traditional sympathy of our countrymen as
individuals with a people who seem to be struggling for larger autonomy
and greater freedom, deepened, as such sympathy naturally must be, in
behalf of our neighbors, yet the plain duty of their Government is to
observe in good faith the recognized obligations of international
relationship. The performance of this duty should not be made more
difficult by a disregard on the part of our citizens of the obligations
growing out of their allegiance to their country, which should restrain
them from violating as individuals the neutrality which the nation of
which they are members is bound to observe in its relations to friendly
sovereign states. Though neither the warmth of our people's sympathy
with the Cuban insurgents, nor our loss and material damage consequent
upon the futile endeavors thus far made to restore peace and order, nor
any shock our humane sensibilities may have received from the cruelties
which appear to especially characterize this sanguinary and fiercely
conducted war, have in the least shaken the determination of the
Government to honestly fulfill every international obligation, yet it
is to be earnestly hoped on every ground that the devastation of armed
conflict may speedily be stayed and order and quiet restored to the
distracted island, bringing in their train the activity and thrift of
peaceful pursuits.
One notable instance of interference by Spain with passing American
ships has occurred. On March 8 last the _Allianca_, while bound
from Colon to New York, and following the customary track for vessels
near the Cuban shore, but outside the 3-mile limit, was fired upon by a
Spanish gunboat. Protest was promptly made by the United States against
this act as not being justified by a state of war, nor permissible in
respect of vessels on the usual paths of commerce, nor tolerable in
view of the wanton peril occasioned to innocent life and property.
The act was disavowed, with full expression of regret and assurance
of nonrecurrence of such just cause of complaint, while the offending
officer was relieved of his command. Military arrests of citizens of the
United States in Cuba have occasioned frequent reclamations. Where held
on criminal charges their delivery to the ordinary civil jurisdiction
for trial has been demanded and obtained in conformity with treaty
provisions, and where merely detained by way of military precaution
under a proclaimed state of siege, without formulated accusation, their
release or trial has been insisted upon. The right of American consular
officers in the island to prefer protests and demands in such cases
having been questioned by the insular authority, their enjoyment of the
privilege stipulated by treaty for the consuls of Germany was claimed
under the most-favored-nation provision of our own convention and was
promptly recognized.
The long-standing demand of Antonio Maximo Mora against Spain has at
last been settled by the payment, on the 14th of September last, of the
sum originally agreed upon in liquidation of the claim. Its distribution
among the parties entitled to receive it has proceeded as rapidly as the
rights of those claiming the fund could be safely determined.
The enforcement of differential duties against products of this country
exported to Cuba and Puerto Rico prompted the immediate claim on our
part to the benefit of the minimum tariff of Spain in return for the
most favorable treatment permitted by our laws as regards the production
of Spanish territories. A commercial arrangement was concluded in
January last securing the treatment so claimed.
Vigorous protests against excessive fines imposed on our ships and
merchandise by the customs officers of these islands for trivial errors
have resulted in the remission of such fines in instances where the
equity of the complaint was apparent, though the vexatious practice has
not been wholly discontinued.
Occurrences in Turkey have continued to excite concern. The reported
massacres of Christians in Armenia and the development there and in
other districts of a spirit of fanatic hostility to Christian influences
naturally excited apprehension for the safety of the devoted men and
women who, as dependents of the foreign missionary societies in the
United States, reside in Turkey under the guaranty of law and usage
and in the legitimate performance of their educational and religious
mission. No efforts have been spared in their behalf, and their
protection in person and property has been earnestly and vigorously
enforced by every means within our power.
I regret, however, that an attempt on our part to obtain better
information concerning the true condition of affairs in the disturbed
quarter of the Ottoman Empire by sending thither the United States
consul at Sivas to make investigation and report was thwarted by the
objections of the Turkish Government. This movement on our part was in
no sense meant as a gratuitous entanglement of the United States in the
so-called Eastern question nor as an officious interference with the
right and duty which belong by treaty to certain great European powers
calling for their intervention in political matters affecting the good
government and religious freedom of the non-Mussulman subjects of the
Sultan, but it arose solely from our desire to have an accurate
knowledge of the conditions in our efforts to care for those entitled
to our protection.
The presence of our naval vessels which are now in the vicinity of the
disturbed localities affords opportunities to acquire a measure of
familiarity with the condition of affairs and will enable us to take
suitable steps for the protection of any interests of our countrymen
within reach of our ships that might be found imperiled.
The Ottoman Government has lately issued an imperial _irade_
exempting forever from taxation an American college for girls at
Scutari. Repeated assurances have also been obtained by our envoy at
Constantinople that similar institutions maintained and administered by
our countrymen shall be secured in the enjoyment of all rights and that
our citizens throughout the Empire shall be protected.
The Government, however, in view of existing facts, is far from relying
upon such assurances as the limit of its duty. Our minister has been
vigilant and alert in affording all possible protection in individual
cases where danger threatened or safety was imperiled. We have sent
ships as far toward the points of actual disturbance as it is possible
for them to go, where they offer refuge to those obliged to flee, and we
have the promise of other powers which have ships in the neighborhood
that our citizens as well as theirs will be received and protected on
board those ships. On the demand of our minister orders have been issued
by the Sultan that Turkish soldiers shall guard and escort to the coast
American refugees.
These orders have been carried out, and our latest intelligence
gives assurance of the present personal safety of our citizens and
missionaries. Though thus far no lives of American citizens have been
sacrificed, there can be no doubt that serious loss and destruction of
mission property have resulted from riotous conflicts and outrageous
attacks.
By treaty several of the most powerful European powers have secured a
right and have assumed a duty not only in behalf of their own citizens
and in furtherance of their own interests, but as agents of the
Christian world. Their right is to enforce such conduct of Turkish
government as will restrain fanatical brutality, and if this fails their
duty is to so interfere as to insure against such dreadful occurrences
in Turkey as have lately shocked civilization. The powers declare this
right and this duty to be theirs alone, and it is earnestly hoped that
prompt and effective action on their part will not be delayed.
The new consulates at Erzerum and Harpoot, for which appropriation was
made last session, have been provisionally filled by trusted employees
of the Department of State. These appointees, though now in Turkey, have
not yet received their exequaturs.
The arbitration of the claim of the Venezuela Steam Transportation
Company under the treaty of January 19, 1892, between the United States
and Venezuela, resulted in an award in favor of the claimant.
The Government has used its good offices toward composing the
differences between Venezuela on the one hand and France and Belgium on
the other growing out of the dismissal of the representatives of those
powers on the ground of a publication deemed offensive to Venezuela.
Although that dismissal was coupled with a cordial request that other
more personally agreeable envoys be sent in their stead, a rupture of
intercourse ensued and still continues.
In view of the growth of our interests in foreign countries and the
encouraging prospects for a general expansion of our commerce, the
question of an improvement in the consular service has increased in
importance and urgency. Though there is no doubt that the great body
of consular officers are rendering valuable services to the trade and
industries of the country, the need of some plan of appointment and
control which would tend to secure a higher average of efficiency can
not be denied.
The importance of the subject has led the Executive to consider what
steps might properly be taken without additional legislation to answer
the need of a better system of consular appointments. The matter having
been committed to the consideration of the Secretary of State, in
pursuance of his recommendations an Executive order was issued on the
20th of September, 1895,[25] by the terms of which it is provided that
after that date any vacancy in a consulate or commercial agency with an
annual salary or compensation from official fees of not more than $2,500
or less than $1,000 should be filled either by transfer or promotion
from some other position under the Department of State of a character
tending to qualify the incumbent for the position to be filled, or by
the appointment of a person not under the Department of State, but
having previously served thereunder and shown his capacity and fitness
for consular duty, or by the appointment of a person who, having been
selected by the President and sent to a board for examination, is found
upon such examination to be qualified for the position. Posts which pay
less than $1,000 being usually, on account of their small compensation,
filled by selection from residents of the locality, it was not deemed
practicable to put them under the new system.
The compensation of $2,500 was adopted as the maximum limit in the
classification for the reason that consular officers receiving more than
that sum are often charged with functions and duties scarcely inferior
in dignity and importance to those of diplomatic agents, and it was
therefore thought best to continue their selection in the discretion of
the Executive without subjecting them to examination before a board.
Excluding 71 places with compensation at present less than $1,000 and
53 places above the maximum in compensation, the number of positions
remaining within the scope of the order is 196. This number will
undoubtedly be increased by the inclusion of consular officers whose
remuneration in fees, now less than $1,000, will be augmented with the
growth of our foreign commerce and a return to more favorable business
conditions.
In execution of the Executive order referred to the Secretary of State
has designated as a board to conduct the prescribed examinations the
Third Assistant Secretary of State, the Solicitor of the Department
of State, and the Chief of the Consular Bureau, and has specified the
subjects to which such examinations shall relate.
It is not assumed that this system will prove a full measure of
consular reform. It is quite probable that actual experience will
show particulars in which the order already issued may be amended
and demonstrate that for the best results appropriate legislation
by Congress is imperatively required.
In any event, these efforts to improve the consular service
ought to be immediately supplemented by legislation providing for
consular inspection. This has frequently been a subject of Executive
recommendation, and I again urge such action by Congress as will permit
the frequent and thorough inspection of consulates by officers appointed
for that purpose or by persons already in the diplomatic or consular
service. The expense attending such a plan would be insignificant
compared with its usefulness, and I hope the legislation necessary
to set it on foot will be speedily forthcoming.
I am thoroughly convinced that in addition to their salaries our
ambassadors and ministers at foreign courts should be provided by the
Government with official residences. The salaries of these officers are
comparatively small and in most cases insufficient to pay, with other
necessary expenses, the cost of maintaining household establishments in
keeping with their important and delicate functions. The usefulness of
a nation's diplomatic representative undeniably depends much upon the
appropriateness of his surroundings, and a country like ours, while
avoiding unnecessary glitter and show, should be certain that it does
not suffer in its relations with foreign nations through parsimony and
shabbiness in its diplomatic outfit. These considerations and the other
advantages of having fixed and somewhat permanent locations for our
embassies would abundantly justify the moderate expenditure necessary
to carry out this suggestion.
As we turn from a review of our foreign relations to the contemplation
of our national financial situation we are immediately aware that we
approach a subject of domestic concern more important than any other
that can engage our attention, and one at present in such a perplexing
and delicate predicament as to require prompt and wise treatment.
We may well be encouraged to earnest effort in this direction when
we recall the steps already taken toward improving our economic and
financial situation and when we appreciate how well the way has been
prepared for further progress by an aroused and intelligent popular
interest in these subjects.
By command of the people a customs-revenue system designed for the
protection and benefit of favored classes at the expense of the great
mass of our countrymen, and which, while inefficient for the purpose
of revenue, curtailed our trade relations and impeded our entrance to
the markets of the world, has been superseded by a tariff policy which
in principle is based upon a denial of the right of the Government
to obstruct the avenues to our people's cheap living or lessen their
comfort and contentment for the sake of according especial advantages to
favorites, and which, while encouraging our intercourse and trade with
other nations, recognizes the fact that American self-reliance, thrift,
and ingenuity can build up our country's industries and develop its
resources more surely than enervating paternalism.
The compulsory purchase and coinage of silver by the Government,
unchecked and unregulated by business conditions and heedless of
our currency needs, which for more than fifteen years diluted our
circulating medium, undermined confidence abroad in our financial
ability, and at last culminated in distress and panic at home, has been
recently stopped by the repeal of the laws which forced this reckless
scheme upon the country.
The things thus accomplished, notwithstanding their extreme importance
and beneficent effects, fall far short of curing the monetary evils from
which we suffer as a result of long indulgence in ill-advised financial
expedients.
The currency denominated United States notes and commonly known as
greenbacks was issued in large volume during the late Civil War and was
intended originally to meet the exigencies of that period. It will be
seen by a reference to the debates in Congress at the time the laws
were passed authorizing the issue of these notes that their advocates
declared they were intended for only temporary use and to meet the
emergency of war. In almost if not all the laws relating to them
some provision was made contemplating their voluntary or compulsory
retirement. A large quantity of them, however, were kept on foot and
mingled with the currency of the country, so that at the close of the
year 1874 they amounted to $381,999,073.
Immediately after that date, and in January, 1875, a law was passed
providing for the resumption of specie payments, by which the Secretary
of the Treasury was required whenever additional circulation was issued
to national banks to retire United States notes equal in amount to 80
per cent of such additional national-bank circulation until such notes
were reduced to $300,000,000. This law further provided that on and
after the 1st day of January, 1879, the United States notes then
outstanding should be redeemed in coin, and in order to provide and
prepare for such redemption the Secretary of the Treasury was authorized
not only to use any surplus revenues of the Government, but to issue
bonds of the United States and dispose of them for coin and to use the
proceeds for the purposes contemplated by the statute.
In May, 1878, and before the date thus appointed for the redemption
and retirement of these notes, another statute was passed forbidding
their further cancellation and retirement. Some of them had, however,
been previously redeemed and canceled upon the issue of additional
national-bank circulation, as permitted by the law of 1875, so that the
amount outstanding at the time of the passage of the act forbidding
their further retirement was $346,681,016.
The law of 1878 did not stop at distinct prohibition, but contained in
addition the following express provision:
And when any of said notes may be redeemed or be received into the
Treasury under any law from any source whatever, and shall belong to
the United States, they shall not be retired, canceled, or destroyed,
but they shall be reissued and paid out again and kept in circulation.
This was the condition of affairs on the 1st day of January, 1879, which
had been fixed upon four years before as the date for entering upon the
redemption and retirement of all these notes, and for which such
abundant means had been provided.
The Government was put in the anomalous situation of owing to the
holders of its notes debts payable in gold on demand which could neither
be retired by receiving such notes in discharge of obligations due the
Government nor canceled by actual payment in gold. It was forced to
redeem without redemption and to pay without acquittance.
There had been issued and sold $95,500,000 of the bonds authorized by
the resumption act of 1875, the proceeds of which, together with other
gold in the Treasury, created a gold fund deemed sufficient to meet
the demands which might be made upon it for the redemption of the
outstanding United States notes. This fund, together with such other
gold as might be from time to time in the Treasury available for the
same purpose, has been since called our gold reserve, and $100,000,000
has been regarded as an adequate amount to accomplish its object. This
fund amounted on the 1st day of January, 1879, to $114,193,360, and
though thereafter constantly fluctuating it did not fall below that
sum until July, 1892. In April, 1893, for the first time since its
establishment, this reserve amounted to less than $100,000,000,
containing at that date only $97,011,330.
In the meantime, and in July, 1890, an act had been passed directing
larger governmental monthly purchases of silver than had been required
under previous laws, and providing that in payment for such silver
Treasury notes of the United States should be issued payable on demand
in gold or silver coin, at the discretion of the Secretary of the
Treasury. It was, however, declared in the act to be "the established
policy of the United States to maintain the two metals on a parity with
each other upon the present legal ratio or such ratio as may be provided
by law." In view of this declaration it was not deemed permissible for
the Secretary of the Treasury to exercise the discretion in terms
conferred on him by refusing to pay gold on these notes when demanded,
because by such discrimination in favor of the gold dollar the so-called
parity of the two metals would be destroyed and grave and dangerous
consequences would be precipitated by affirming or accentuating the
constantly widening disparity between their actual values under the
existing ratio.
It thus resulted that the Treasury notes issued in payment of silver
purchases under the law of 1890 were necessarily treated as gold
obligations at the option of the holder. These notes on the 1st day of
November, 1893, when the law compelling the monthly purchase of silver
was repealed, amounted to more than $155,000,000. The notes of this
description now outstanding added to the United States notes still
undiminished by redemption or cancellation constitute a volume of gold
obligations amounting to nearly $500,000,000.
These obligations are the instruments which ever since we had a gold
reserve have been used to deplete it.
This reserve, as has been stated, had fallen in April, 1893, to
$97,011,330. It has from that time to the present, with very few and
unimportant upward movements, steadily decreased, except as it has been
temporarily replenished by the sale of bonds.
Among the causes for this constant and uniform shrinkage in this fund
may be mentioned the great falling off of exports under the operation of
the tariff law until recently in force, which crippled our exchange of
commodities with foreign nations and necessitated to some extent the
payment of our balances in gold; the unnatural infusion of silver into
our currency and the increasing agitation for its free and unlimited
coinage, which have created apprehension as to our disposition or
ability to continue gold payments; the consequent hoarding of gold at
home and the stoppage of investments of foreign capital, as well as
the return of our securities already sold abroad; and the high rate of
foreign exchange, which induced the shipment of our gold to be drawn
against as a matter of speculation.
In consequence of these conditions the gold reserve on the 1st day
of February, 1894, was reduced to $65,438,377, having lost more than
$31,000,000 during the preceding nine months, or since April, 1893. Its
replenishment being necessary and no other manner of accomplishing it
being possible, resort was had to the issue and sale of bonds provided
for by the resumption act of 1875. Fifty millions of these bonds were
sold, yielding $58,633,295.71, which was added to the reserve fund of
gold then on hand. As a result of this operation this reserve, which had
suffered constant and large withdrawals in the meantime, stood on the
6th day of March, 1894, at the sum of $107,446,802. Its depletion was,
however, immediately thereafter so accelerated that on the 30th day of
June, 1894, it had fallen to $64,873,025, thus losing by withdrawals
more than $42,000,000 in five months and dropping slightly below its
situation when the sale of $50,000,000 in bonds was effected for its
replenishment.
This depressed condition grew worse, and on the 24th day of November,
1894, our gold reserve being reduced to $57,669,701, it became necessary
to again strengthen it.
This was done by another sale of bonds amounting to $50,000,000, from
which there was realized $58,538,500, with which the fund was increased
to $111,142,021 on the 4th day of December, 1894.
Again disappointment awaited the anxious hope for relief. There was not
even a lull in the exasperating withdrawals of gold. On the contrary,
they grew larger and more persistent than ever. Between the 4th day of
December, 1894, and early in February, 1895, a period of scarcely more
than two months after the second reenforcement of our gold reserve by
the sale of bonds, it had lost by such withdrawals more than $69,000,000
and had fallen to $41,340,181. Nearly $43,000,000 had been withdrawn
within the month immediately preceding this situation.
In anticipation of impending trouble I had on the 28th day of January,
1895, addressed a communication[26] to the Congress fully setting forth
our difficulties and dangerous position and earnestly recommending that
authority be given the Secretary of the Treasury to issue bonds bearing
a low rate of interest, payable by their terms in gold, for the purpose
of maintaining a sufficient gold reserve and also for the redemption and
cancellation of outstanding United States notes and the Treasury notes
issued for the purchase of silver under the law of 1890. This
recommendation did not, however, meet with legislative approval.
In February, 1895, therefore, the situation was exceedingly critical.
With a reserve perilously low and a refusal of Congressional aid,
everything indicated that the end of gold payments by the Government
was imminent. The results of prior bond issues had been exceedingly
unsatisfactory, and the large withdrawals of gold immediately succeeding
their public sale in open market gave rise to a reasonable suspicion
that a large part of the gold paid into the Treasury upon such sales was
promptly drawn out again by the presentation of United States notes or
Treasury notes, and found its way to the hands of those who had only
temporarily parted with it in the purchase of bonds.
In this emergency, and in view of its surrounding perplexities, it
became entirely apparent to those upon whom the struggle for safety was
devolved not only that our gold reserve must, for the third time in less
than thirteen months, be restored by another issue and sale of bonds
bearing a high rate of interest and badly suited to the purpose, but
that a plan must be adopted for their disposition promising better
results than those realized on previous sales. An agreement was
therefore made with a number of financiers and bankers whereby it was
stipulated that bonds described in the resumption act of 1875, payable
in coin thirty years after their date, bearing interest at the rate of
4 per cent per annum, and amounting to about $62,000,000, should be
exchanged for gold, receivable by weight, amounting to a little more
than $65,000,000.
This gold was to be delivered in such installments as would complete
its delivery within about six months from the date of the contract, and
at least one-half of the amount was to be furnished from abroad. It was
also agreed by those supplying this gold that during the continuance
of the contract they would by every means in their power protect the
Government against gold withdrawals. The contract also provided that
if Congress would authorize their issue bonds payable by their terms
in gold and bearing interest at the rate of 3 per cent per annum might
within ten days be substituted at par for the 4 per cent bonds described
in the agreement.
On the day this contract was made its terms were communicated to
Congress by a special Executive message,[27] in which it was stated that
more than $16,000,000 would be saved to the Government if gold bonds
bearing 3 per cent interest were authorized to be substituted for those
mentioned in the contract.
The Congress having declined to grant the necessary authority to secure
this saving, the contract, unmodified, was carried out, resulting in a
gold reserve amounting to $107,571,230 on the 8th day of July, 1895.
The performance of this contract not only restored the reserve, but
checked for a time the withdrawals of gold and brought on a period of
restored confidence and such peace and quiet in business circles as
were of the greatest possible value to every interest that affects our
people. I have never had the slightest misgiving concerning the wisdom
or propriety of this arrangement, and am quite willing to answer for
my full share of responsibility for its promotion. I believe it averted
a disaster the imminence of which was, fortunately, not at the time
generally understood by our people.
Though the contract mentioned stayed for a time the tide of gold
withdrawal, its good results could not be permanent. Recent withdrawals
have reduced the reserve from $107,571,230 on the 8th day of July, 1895,
to $79,333,966. How long it will remain large enough to render its
increase unnecessary is only matter of conjecture, though quite large
withdrawals for shipment in the immediate future are predicted in
well-informed quarters. About $16,000,000 has been withdrawn during the
month of November.
The foregoing statement of events and conditions develops the fact that
after increasing our interest-bearing bonded indebtedness more than
$162,000,000 to save our gold reserve we are nearly where we started,
having now in such reserve $79,333,966, as against $65,438,377 in
February, 1894, when the first bonds were issued.
Though the amount of gold drawn from the Treasury appears to be very
large as gathered from the facts and figures herein presented, it
actually was much larger, considerable sums having been acquired by the
Treasury within the several periods stated without the issue of bonds.
On the 28th of January, 1895, it was reported by the Secretary of the
Treasury that more than $172,000,000 of gold had been withdrawn for
hoarding or shipment during the year preceding. He now reports that from
January 1, 1879, to July 14, 1890, a period of more than eleven years,
only a little over $28,000,000 was withdrawn, and that between July 14,
1890, the date of the passage of the law for an increased purchase of
silver, and the 1st day of December, 1895, or within less than five and
a half years, there was withdrawn nearly $375,000,000, making a total of
more than $403,000,000 drawn from the Treasury in gold since January 1,
1879, the date fixed in 1875 for the retirement of the United States
notes.
Nearly $327,000,000 of the gold thus withdrawn has been paid out on
these United States notes, and yet every one of the $346,000,000 is
still uncanceled and ready to do service in future gold depletions.
More than $76,000,000 in gold has since their creation in 1890 been paid
out from the Treasury upon the notes given on the purchase of silver by
the Government, and yet the whole, amounting to $155,000,000, except a
little more than $16,000,000 which has been retired by exchanges for
silver at the request of the holders, remains outstanding and prepared
to join their older and more experienced allies in future raids upon the
Treasury's gold reserve.
In other words, the Government has paid in gold more than nine-tenths
of its United States notes and still owes them all. It has paid in
gold about one-half of its notes given for silver purchases without
extinguishing by such payment one dollar of these notes.
When, added to all this, we are reminded that to carry on this
astounding financial scheme the Government has incurred a bonded
indebtedness of $95,500,000 in establishing a gold reserve and of
$162,315,400 in efforts to maintain it; that the annual interest charge
on such bonded indebtedness is more than $11,000,000; that a continuance
of our present course may result in further bond issues, and that we
have suffered or are threatened with all this for the sake of supplying
gold for foreign shipment or facilitating its hoarding at home, a
situation is exhibited which certainly ought to arrest attention and
provoke immediate legislative relief.
I am convinced the only thorough and practicable remedy for our troubles
is found in the retirement and cancellation of our United States notes,
commonly called greenbacks, and the outstanding Treasury notes issued by
the Government in payment of silver purchases under the act of 1890.
I believe this could be quite readily accomplished by the exchange
of these notes for United States bonds, of small as well as large
denominations, bearing a low rate of interest. They should be long-term
bonds, thus increasing their desirability as investments, and because
their payment could be well postponed to a period far removed from
present financial burdens and perplexities, when with increased
prosperity and resources they would be more easily met.
To further insure the cancellation of these notes and also provide a way
by which gold may be added to our currency in lieu of them, a feature in
the plan should be an authority given to the Secretary of the Treasury
to dispose of the bonds abroad for gold if necessary to complete the
contemplated redemption and cancellation, permitting him to use the
proceeds of such bonds to take up and cancel any of the notes that may
be in the Treasury or that may be received by the Government on any
account.
The increase of our bonded debt involved in this plan would be amply
compensated by renewed activity and enterprise in all business circles,
the restored confidence at home, the reinstated faith in our monetary
strength abroad, and the stimulation of every interest and industry
that would follow the cancellation of the gold-demand obligations now
afflicting us. In any event, the bonds proposed would stand for the
extinguishment of a troublesome indebtedness, while in the path we now
follow there lurks the menace of unending bonds, with our indebtedness
still undischarged and aggravated in every feature. The obligations
necessary to fund this indebtedness would not equal in amount those
from which we have been relieved since 1884 by anticipation and payment
beyond the requirements of the sinking fund out of our surplus revenues.
The currency withdrawn by the retirement of the United States notes and
Treasury notes, amounting to probably less than $486,000,000, might be
supplied by such gold as would be used on their retirement or by an
increase in the circulation of our national banks. Though the aggregate
capital of those now in existence amounts to more than $664,000,000,
their outstanding circulation based on bond security amounts to only
about $190,000,000. They are authorized to issue notes amounting to 90
per cent of the bonds deposited to secure their circulation, but in no
event beyond the amount of their capital stock, and they are obliged to
pay 1 per cent tax on the circulation they issue.
I think they should be allowed to issue circulation equal to the par
value of the bonds they deposit to secure it, and that the tax on their
circulation should be reduced to one-fourth of 1 per cent, which would
undoubtedly meet all the expense the Government incurs on their account.
In addition they should be allowed to substitute or deposit in lieu of
the bonds now required as security for their circulation those which
would be issued for the purpose of retiring the United States notes and
Treasury notes.
The banks already existing, if they desired to avail themselves of the
provisions of law thus modified, could issue circulation, in addition to
that already outstanding, amounting to $478,000,000, which would nearly
or quite equal the currency proposed to be canceled. At any rate, I
should confidently expect to see the existing national banks or others
to be organized avail themselves of the proposed encouragements to issue
circulation and promptly fill any vacuum and supply every currency need.
It has always seemed to me that the provisions of law regarding the
capital of national banks, which operate as a limitation to their
location, fail to make proper compensation for the suppression of State
banks, which came near to the people in all sections of the country and
readily furnished them with banking accommodations and facilities. Any
inconvenience or embarrassment arising from these restrictions on the
location of national banks might well be remedied by better adapting
the present system to the creation of banks in smaller communities or
by permitting banks of large capital to establish branches in such
localities as would serve the people, so regulated and restrained as
to secure their safe and conservative control and management.
But there might not be the necessity for such an addition to the
currency by new issues of bank circulation as at first glance is
indicated. If we should be relieved from maintaining a gold reserve
under conditions that constitute it the barometer of our solvency, and
if our Treasury should no longer be the foolish purveyor of gold for
nations abroad or for speculation and hoarding by our citizens at home,
I should expect to see gold resume its natural and normal functions in
the business affairs of the country and cease to be an object attracting
the timid watch of our people and exciting their sensitive imaginations.
I do not overlook the fact that the cancellation of the Treasury notes
issued under the silver-purchasing act of 1890 would leave the Treasury
in the actual ownership of sufficient silver, including seigniorage,
to coin nearly $178,000,000 in standard dollars. It is worthy of
consideration whether this might not from time to time be converted into
dollars or fractional coin and slowly put into circulation, as in the
judgment of the Secretary of the Treasury the necessities of the country
should require.
Whatever is attempted should be entered upon fully appreciating the fact
that by careless, easy descent we have reached a dangerous depth, and
that our ascent will not be accomplished without laborious toil and
struggle. We shall be wise if we realize that we are financially ill and
that our restoration to health may require heroic treatment and
unpleasant remedies.
In the present stage of our difficulty it is not easy to understand how
the amount of our revenue receipts directly affects it. The important
question is not the quantity of money received in revenue payments, but
the kind of money we maintain and our ability to continue in sound
financial condition. We are considering the Government's holdings of
gold as related to the soundness of our money and as affecting our
national credit and monetary strength.
If our gold reserve had never been impaired; if no bonds had ever
been issued to replenish it; if there had been no fear and timidity
concerning our ability to continue gold payments; if any part of our
revenues were now paid in gold, and if we could look to our gold
receipts as a means of maintaining a safe reserve, the amount of
our revenues would be an influential factor in the problem. But,
unfortunately, all the circumstances that might lend weight to this
consideration are entirely lacking.
In our present predicament no gold is received by the Government
in payment of revenue charges, nor would there be if the revenues
were increased. The receipts of the Treasury, when not in silver
certificates, consist of United States notes and Treasury notes issued
for silver purchases. These forms of money are only useful to the
Government in paying its current ordinary expenses, and its quantity in
Government possession does not in the least contribute toward giving us
that kind of safe financial standing or condition which is built on gold
alone.
If it is said that these notes if held by the Government can be used to
obtain gold for our reserve, the answer is easy. The people draw gold
from the Treasury on demand upon United States notes and Treasury notes,
but the proposition that the Treasury can on demand draw gold from the
people upon them would be regarded in these days with wonder and
amusement; and even if this could be done there is nothing to prevent
those thus parting with their gold from regaining it the next day or the
next hour by the presentation of the notes they received in exchange for
it.
The Secretary of the Treasury might use such notes taken from a
surplus revenue to buy gold in the market. Of course he could not do
this without paying a premium. Private holders of gold, unlike the
Government, having no parity to maintain, would not be restrained
from making the best bargain possible when they furnished gold to the
Treasury; but the moment the Secretary of the Treasury bought gold on
any terms above par he would establish a general and universal premium
upon it, thus breaking down the parity between gold and silver, which
the Government is pledged to maintain, and opening the way to new and
serious complications. In the meantime the premium would not remain
stationary, and the absurd spectacle might be presented of a dealer
selling gold to the Government and with United States notes or Treasury
notes in his hand immediately clamoring for its return and a resale at
a higher premium.
It may be claimed that a large revenue and redundant receipts might
favorably affect the situation under discussion by affording an
opportunity of retaining these notes in the Treasury when received, and
thus preventing their presentation for gold. Such retention to be useful
ought to be at least measurably permanent; and this is precisely what is
prohibited, so far as United States notes are concerned, by the law of
1878, forbidding their further retirement. That statute in so many words
provides that these notes when received into the Treasury and belonging
to the United States shall be "paid out again and kept in circulation."
It will, moreover, be readily seen that the Government could not
refuse to pay out United States notes and Treasury notes in current
transactions when demanded, and insist on paying out silver alone,
and still maintain the parity between that metal and the currency
representing gold. Besides, the accumulation in the Treasury of currency
of any kind exacted from the people through taxation is justly regarded
as an evil, and it can not proceed far without vigorous protest against
an unjustifiable retention of money from the business of the country and
a denunciation of a scheme of taxation which proves itself to be unjust
when it takes from the earnings and income of the citizen money so much
in excess of the needs of Government support that large sums can be
gathered and kept in the Treasury. Such a condition has heretofore in
times of surplus revenue led the Government to restore currency to the
people by the purchase of its unmatured bonds at a large premium and
by a large increase of its deposits in national banks, and we easily
remember that the abuse of Treasury accumulation has furnished a most
persuasive argument in favor of legislation radically reducing our
tariff taxation.
Perhaps it is supposed that sufficient revenue receipts would in a
sentimental way improve the situation by inspiring confidence in our
solvency and allaying the fear of pecuniary exhaustion. And yet through
all our struggles to maintain our gold reserve there never has been any
apprehension as to our ready ability to pay our way with such money as
we had, and the question whether or not our current receipts met our
current expenses has not entered into the estimate of our solvency. Of
course the general state of our funds, exclusive of gold, was entirely
immaterial to the foreign creditor and investor. His debt could only be
paid in gold, and his only concern was our ability to keep on hand that
kind of money.
On July 1, 1892, more than a year and a half before the first bonds
were issued to replenish the gold reserve, there was a net balance in
the Treasury, exclusive of such reserve, of less than $13,000,000, but
the gold reserve amounted to more than $114,000,000, which was the
quieting feature of the situation. It was when the stock of gold began
rapidly to fall that fright supervened and our securities held abroad
were returned for sale and debts owed abroad were pressed for payment.
In the meantime extensive shipments of gold and other unfavorable
indications caused restlessness and fright among our people at home.
Thereupon the general state of our funds, exclusive of gold, became
also immaterial to them, and they too drew gold from the Treasury for
hoarding against all contingencies. This is plainly shown by the large
increase in the proportion of gold withdrawn which was retained by
our own people as time and threatening incidents progressed. During
the fiscal year ending June 30, 1894, nearly $85,000,000 in gold was
withdrawn from the Treasury and about $77,000,000 was sent abroad, while
during the fiscal year ending June 30, 1895, over $117,000,000 was drawn
out, of which only about $66,000,000 was shipped, leaving the large
balance of such withdrawals to be accounted for by domestic hoarding.
Inasmuch as the withdrawal of our gold has resulted largely from
fright, there is nothing apparent that will prevent its continuance or
recurrence, with its natural consequences, except such a change in our
financial methods as will reassure the frightened and make the desire
for gold less intense. It is not clear how an increase in revenue,
unless it be in gold, can satisfy those whose only anxiety is to gain
gold from the Government's store.
It can not, therefore, be safe to rely upon increased revenues as a cure
for our present troubles.
It is possible that the suggestion of increased revenue as a remedy for
the difficulties we are considering may have originated in an intimation
or distinct allegation that the bonds which have been issued ostensibly
to replenish our gold reserve were really issued to supply insufficient
revenue. Nothing can be further from the truth. Bonds were issued to
obtain gold for the maintenance of our national credit. As has been
shown, the gold thus obtained has been drawn again from the Treasury
upon United States notes and Treasury notes. This operation would have
been promptly prevented if possible; but these notes having thus been
passed to the Treasury, they became the money of the Government, like
any other ordinary Government funds, and there was nothing to do but to
use them in paying Government expenses when needed.
At no time when bonds have been issued has there been any consideration
of the question of paying the expenses of Government with their
proceeds. There was no necessity to consider that question. At the time
of each bond issue we had a safe surplus in the Treasury for ordinary
operations, exclusive of the gold in our reserve. In February, 1894,
when the first issue of bonds was made, such surplus amounted to over
$18,000,000; in November, when the second issue was made, it amounted to
more than $42,000,000, and in February, 1895, when bonds for the third
time were issued, such surplus amounted to more than $100,000,000. It
now amounts to $98,072,420.30.
Besides all this, the Secretary of the Treasury had no authority
whatever to issue bonds to increase the ordinary revenues or pay current
expenses.
I can not but think there has been some confusion of ideas regarding the
effects of the issue of bonds and the results of the withdrawal of gold.
It was the latter process, and not the former, that, by substituting in
the Treasury United States notes and Treasury notes for gold, increased
by their amount the money which was in the first instance subject to
ordinary Government expenditure.
Although the law compelling an increased purchase of silver by the
Government was passed on the 14th day of July, 1890, withdrawals of gold
from the Treasury upon the notes given in payment on such purchases
did not begin until October, 1891. Immediately following that date the
withdrawals upon both these notes and United States notes increased
very largely, and have continued to such an extent that since the
passage of that law there has been more than thirteen times as much gold
taken out of the Treasury upon United States notes and Treasury notes
issued for silver purchases as was thus withdrawn during the eleven and
a half years immediately prior thereto and after the 1st day of January,
1879, when specie payments were resumed.
It is neither unfair nor unjust to charge a large share of our present
financial perplexities and dangers to the operation of the laws of 1878
and 1890 compelling the purchase of silver by the Government, which not
only furnished a new Treasury obligation upon which its gold could be
withdrawn, but so increased the fear of an overwhelming flood of silver
and a forced descent to silver payments that even the repeal of these
laws did not entirely cure the evils of their existence.
While I have endeavored to make a plain statement of the disordered
condition of our currency and the present dangers menacing our
prosperity and to suggest a way which leads to a safer financial system,
I have constantly had in mind the fact that many of my countrymen, whose
sincerity I do not doubt, insist that the cure for the ills now
threatening us may be found in the single and simple remedy of the free
coinage of silver. They contend that our mints shall be at once thrown
open to the free, unlimited, and independent coinage of both gold and
silver dollars of full legal-tender quality, regardless of the action of
any other government and in full view of the fact that the ratio between
the metals which they suggest calls for 100 cents' worth of gold in the
gold dollar at the present standard and only 50 cents in intrinsic worth
of silver in the silver dollar.
Were there infinitely stronger reasons than can be adduced for hoping
that such action would secure for us a bimetallic currency moving on
lines of parity, an experiment so novel and hazardous as that proposed
might well stagger those who believe that stability is an imperative
condition of sound money.
No government, no human contrivance or act of legislation, has ever
been able to hold the two metals together in free coinage at a ratio
appreciably different from that which is established in the markets of
the world.
Those who believe that our independent free coinage of silver at an
artificial ratio with gold of 16 to 1 would restore the parity between
the metals, and consequently between the coins, oppose an unsupported
and improbable theory to the general belief and practice of other
nations and to the teaching of the wisest statesmen and economists
of the world, both in the past and present, and, what is far more
conclusive, they run counter to our own actual experiences.
Twice in our earlier history our lawmakers, in attempting to establish
a bimetallic currency, undertook free coinage upon a ratio which
accidentally varied from the actual relative values of the two metals
not more than 3 per cent. In both cases, notwithstanding greater
difficulties and cost of transportation than now exist, the coins whose
intrinsic worth was undervalued in the ratio gradually and surely
disappeared from our circulation and went to other countries where their
real value was better recognized.
Acts of Congress were impotent to create equality where natural causes
decreed even a slight inequality.
Twice in our recent history we have signally failed to raise by
legislation the value of silver. Under an act of Congress passed in
1878 the Government was required for more than twelve years to expend
annually at least $24,000,000 in the purchase of silver bullion for
coinage. The act of July 14, 1890, in a still bolder effort, increased
the amount of silver the Government was compelled to purchase and forced
it to become the buyer annually of 54,000,000 ounces, or practically the
entire product of our mines. Under both laws silver rapidly and steadily
declined in value. The prophecy and the expressed hope and expectation
of those in the Congress who led in the passage of the last-mentioned
act that it would reestablish and maintain the former parity between the
two metals are still fresh in our memory.
In the light of these experiences, which accord with the experiences of
other nations, there is certainly no secure ground for the belief that
an act of Congress could now bridge an inequality of 50 per cent between
gold and silver at our present ratio, nor is there the least possibility
that our country, which has less than one-seventh of the silver money
in the world, could by its action alone raise not only our own but all
silver to its lost ratio with gold. Our attempt to accomplish this by
the free coinage of silver at a ratio differing widely from actual
relative values would be the signal for the complete departure of
gold from our circulation, the immediate and large contraction of our
circulating medium, and a shrinkage in the real value and monetary
efficiency of all other forms of currency as they settled to the level
of silver monometallism. Everyone who receives a fixed salary and every
worker for wages would find the dollar in his hand ruthlessly scaled
down to the point of bitter disappointment, if not to pinching
privation.
A change in our standard to silver monometallism would also bring on a
collapse of the entire system of credit, which, when based on a standard
which is recognized and adopted by the world of business, is many times
more potent and useful than the entire volume of currency and is safely
capable of almost indefinite expansion to meet the growth of trade and
enterprise. In a self-invited struggle through darkness and uncertainty
our humiliation would be increased by the consciousness that we had
parted company with all the enlightened and progressive nations of the
world and were desperately and hopelessly striving to meet the stress of
modern commerce and competition with a debased and unsuitable currency
and in association with the few weak and laggard nations which have
silver alone as their standard of value.
All history warns us against rash experiments which threaten violent
changes in our monetary standard and the degradation of our currency.
The past is full of lessons teaching not only the economic dangers but
the national immorality that follow in the train of such experiments.
I will not believe that the American people can be persuaded after sober
deliberation to jeopardize their nation's prestige and proud standing by
encouraging financial nostrums, nor that they will yield to the false
allurements of cheap money when they realize that it must result in the
weakening of that financial integrity and rectitude which thus far in
our history has been so devotedly cherished as one of the traits of true
Americanism.
Our country's indebtedness, whether owing by the Government or existing
between individuals, has been contracted with reference to our present
standard. To decree by act of Congress that these debts shall be payable
in less valuable dollars than those within the contemplation and
intention of the parties when contracted would operate to transfer by
the fiat of law and without compensation an amount of property and a
volume of rights and interests almost incalculable.
Those who advocate a blind and headlong plunge to free coinage in
the name of bimetallism, and professing the belief, contrary to all
experience, that we could thus establish a double standard and a
concurrent circulation of both metals in our coinage, are certainly
reckoning from a cloudy standpoint. Our present standard of value is the
standard of the civilized world and permits the only bimetallism now
possible, or at least that is within the independent reach of any single
nation, however powerful that nation may be. While the value of gold as
a standard is steadied by almost universal commercial and business use,
it does not despise silver nor seek its banishment. Wherever this
standard is maintained there is at its side in free and unquestioned
circulation a volume of silver currency sometimes equaling and sometimes
even exceeding it in amount, both maintained at a parity notwithstanding
a depreciation or fluctuation in the intrinsic value of silver.
There is a vast difference between a standard of value and
a currency for monetary use. The standard must necessarily be fixed
and certain. The currency may be in divers forms and of various kinds.
No silver-standard country has a gold currency in circulation, but an
enlightened and wise system of finance secures the benefits of both gold
and silver as currency and circulating medium by keeping the standard
stable and all other currency at par with it. Such a system and such
a standard also give free scope for the use and expansion of safe and
conservative credit, so indispensable to broad and growing commercial
transactions and so well substituted for the actual use of money. If
a fixed and stable standard is maintained, such as the magnitude and
safety of our commercial transactions and business require, the use
of money itself is conveniently minimized.
Every dollar of fixed and stable value has through the agency of
confident credit an astonishing capacity of multiplying itself in
financial work. Every unstable and fluctuating dollar fails as a basis
of credit, and in its use begets gambling speculation and undermines the
foundations of honest enterprise.
I have ventured to express myself on this subject with earnestness and
plainness of speech because I can not rid myself of the belief that
there lurk in the proposition for the free coinage of silver, so
strongly approved and so enthusiastically advocated by a multitude
of my countrymen, a serious menace to our prosperity and an insidious
temptation of our people to wander from the allegiance they owe to
public and private integrity. It is because I do not distrust the
good faith and sincerity of those who press this scheme that I have
imperfectly but with zeal submitted my thoughts upon this momentous
subject. I can not refrain from begging them to reexamine their views
and beliefs in the light of patriotic reason and familiar experience and
to weigh again and again the consequences of such legislation as their
efforts have invited. Even the continued agitation of the subject adds
greatly to the difficulties of a dangerous financial situation already
forced upon us.
In conclusion I especially entreat the people's representatives
in the Congress, who are charged with the responsibility of inaugurating
measures for the safety and prosperity of our common country, to
promptly and effectively consider the ills of our critical financial
plight. I have suggested a remedy which my judgment approves. I desire,
however, to assure the Congress that I am prepared to cooperate with
them in perfecting any other measure promising thorough and practical
relief, and that I will gladly labor with them in every patriotic
endeavor to further the interests and guard the welfare of our
countrymen, whom in our respective places of duty we have undertaken
to serve.
GROVER CLEVELAND.
[Footnote 23: See pp. 439, 531-532.]
[Footnote 24: See p. 477.]
[Footnote 25: See p. 624.]
[Footnote 26: See pp. 561-565.]
[Footnote 27: See pp. 567-568.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 17, 1895_.
_To the Congress_:
In my annual message addressed to the Congress on the 3d instant I
called attention to the pending boundary controversy between Great
Britain and the Republic of Venezuela and recited the substance of a
representation made by this Government to Her Britannic Majesty's
Government suggesting reasons why such dispute should be submitted to
arbitration for settlement and inquiring whether it would be so
submitted.[28]
The answer of the British Government, which was then awaited, has since
been received, and, together with the dispatch to which it is a reply,
is hereto appended.
Such reply is embodied in two communications addressed by the British
prime minister to Sir Julian Pauncefote, the British ambassador at this
capital. It will be seen that one of these communications is devoted
exclusively to observations upon the Monroe doctrine, and claims that
in the present instance a new and strange extension and development
of this doctrine is insisted on by the United States; that the reasons
justifying an appeal to the doctrine enunciated by President Monroe are
generally inapplicable "to the state of things in which we live at the
present day," and especially inapplicable to a controversy involving the
boundary line between Great Britain and Venezuela.
Without attempting extended argument in reply to these positions, it may
not be amiss to suggest that the doctrine upon which we stand is strong
and sound, because its enforcement is important to our peace and safety
as a nation and is essential to the integrity of our free institutions
and the tranquil maintenance of our distinctive form of government. It
was intended to apply to every stage of our national life and can not
become obsolete while our Republic endures. If the balance of power is
justly a cause for jealous anxiety among the Governments of the Old
World and a subject for our absolute noninterference, none the less is
an observance of the Monroe doctrine of vital concern to our people and
their Government.
Assuming, therefore, that we may properly insist upon this doctrine
without regard to "the state of things in which we live" or any changed
conditions here or elsewhere, it is not apparent why its application may
not be invoked in the present controversy.
If a European power by an extension of its boundaries takes possession
of the territory of one of our neighboring Republics against its will
and in derogation of its rights, it is difficult to see why to that
extent such European power does not thereby attempt to extend its system
of government to that portion of this continent which is thus taken.
This is the precise action which President Monroe declared to be
"dangerous to our peace and safety," and it can make no difference
whether the European system is extended by an advance of frontier or
otherwise.
It is also suggested in the British reply that we should not seek to
apply the Monroe doctrine to the pending dispute because it does not
embody any principle of international law which "is founded on the
general consent of nations," and that "no statesman, however eminent,
and no nation, however powerful, are competent to insert into the code
of international law a novel principle which was never recognized before
and which has not since been accepted by the government of any other
country."
Practically the principle for which we contend has peculiar, if not
exclusive, relation to the United States. It may not have been admitted
in so many words to the code of international law, but since in
international councils every nation is entitled to the rights belonging
to it, if the enforcement of the Monroe doctrine is something we may
justly claim it has its place in the code of international law as
certainly and as securely as if it were specifically mentioned; and when
the United States is a suitor before the high tribunal that administers
international law the question to be determined is whether or not we
present claims which the justice of that code of law can find to be
right and valid.
The Monroe doctrine finds its recognition in those principles of
international law which are based upon the theory that every nation
shall have its rights protected and its just claims enforced.
Of course this Government is entirely confident that under the sanction
of this doctrine we have clear rights and undoubted claims. Nor is this
ignored in the British reply. The prime minister, while not admitting
that the Monroe doctrine is applicable to present conditions, states:
In declaring that the United States would resist any such enterprise if
it was contemplated, President Monroe adopted a policy which received
the entire sympathy of the English Government of that date.
He further declares:
Though the language of President Monroe is directed to the attainment
of objects which most Englishmen would agree to be salutary, it is
impossible to admit that they have been inscribed by any adequate
authority in the code of international law.
Again he says:
They [Her Majesty's Government] fully concur with the view which
President Monroe apparently entertained, that any disturbance of the
existing territorial distribution in that hemisphere by any fresh
acquisitions on the part of any European State would be a highly
inexpedient change.
In the belief that the doctrine for which we contend was clear and
definite, that it was founded upon substantial considerations and
involved our safety and welfare, that it was fully applicable to our
present conditions and to the state of the world's progress, and that
it was directly related to the pending controversy, and without any
conviction as to the final merits of the dispute, but anxious to learn
in a satisfactory and conclusive manner whether Great Britain sought
under a claim of boundary to extend her possessions on this continent
without right, or whether she merely sought possession of territory
fairly included within her lines of ownership, this Government proposed
to the Government of Great Britain a resort to arbitration as the proper
means of settling the question, to the end that a vexatious boundary
dispute between the two contestants might be determined and our exact
standing and relation in respect to the controversy might be made clear.
It will be seen from the correspondence herewith submitted that this
proposition has been declined by the British Government upon grounds
which in the circumstances seem to me to be far from satisfactory. It is
deeply disappointing that such an appeal, actuated by the most friendly
feelings toward both nations directly concerned, addressed to the sense
of justice and to the magnanimity of one of the great powers of the
world, and touching its relations to one comparatively weak and small,
should have produced no better results.
The course to be pursued by this Government in view of the present
condition does not appear to admit of serious doubt. Having labored
faithfully for many years to induce Great Britain to submit this dispute
to impartial arbitration, and having been now finally apprised of her
refusal to do so, nothing remains but to accept the situation, to
recognize its plain requirements, and deal with it accordingly. Great
Britain's present proposition has never thus far been regarded as
admissible by Venezuela, though any adjustment of the boundary which
that country may deem for her advantage and may enter into of her own
free will can not of course be objected to by the United States.
Assuming, however, that the attitude of Venezuela will remain unchanged,
the dispute has reached such a stage as to make it now incumbent upon
the United States to take measures to determine with sufficient
certainty for its justification what is the true divisional line between
the Republic of Venezuela and British Guiana. The inquiry to that end
should of course be conducted carefully and judicially, and due weight
should be given to all available evidence, records, and facts in support
of the claims of both parties.
In order that such an examination should be prosecuted in a thorough
and satisfactory manner, I suggest that the Congress make an adequate
appropriation for the expenses of a commission, to be appointed by the
Executive, who shall make the necessary investigation and report upon
the matter with the least possible delay. When such report is made and
accepted it will, in my opinion, be the duty of the United States to
resist by every means in its power, as a willful aggression upon its
rights and interests, the appropriation by Great Britain of any lands or
the exercise of governmental jurisdiction over any territory which after
investigation we have determined of right belongs to Venezuela.
In making these recommendations I am fully alive to the responsibility
incurred and keenly realize all the consequences that may follow.
I am, nevertheless, firm in my conviction that while it is a grievous
thing to contemplate the two great English-speaking peoples of the world
as being otherwise than friendly competitors in the onward march of
civilization and strenuous and worthy rivals in all the arts of peace,
there is no calamity which a great nation can invite which equals that
which follows a supine submission to wrong and injustice and the
consequent loss of national self-respect and honor, beneath which are
shielded and defended a people's safety and greatness.
GROVER CLEVELAND.
[Footnote 28: See p. 632.]
EXECUTIVE MANSION, _Washington, December 19, 1895_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 4th instant,
requesting the President, "if in his judgment not incompatible with the
public interest, to communicate to the Senate all information which has
been received by him or by the State Department in regard to injuries
inflicted upon the persons or property of American citizens in Turkey
and in regard to the condition of affairs there in reference to the
oppression or cruelties practiced upon the Armenian subjects of the
Turkish Government; also to inform the Senate whether all the American
consuls in the Turkish Empire are at their posts of duty, and, if not,
to state any circumstances which have interfered with the performance
of the duties of such consuls," I transmit herewith a report from the
Secretary of State.
GROVER CLEVELAND.
EXECUTIVE MANSION, _December 20, 1895_.
_To the Congress_:
In my last annual message the evils of our present financial system
were plainly pointed out and the causes and means of the depletion of
Government gold were explained. It was therein stated that after all the
efforts that had been made by the executive branch of the Government
to protect our gold reserve by the issuance of bonds amounting to more
than $162,000,000, such reserve then amounted to but little more than
$79,000,000; that about $16,000,000 had been withdrawn from such reserve
during the month next previous to the date of that message, and that
quite large withdrawals for shipment in the immediate future were
predicted.
The contingency then feared has reached us, and the withdrawals of gold
since the communication referred to and others that appear inevitable
threaten such a depletion in our Government gold reserve as brings us
face to face to the necessity of further action for its protection. This
condition is intensified by the prevalence in certain quarters of sudden
and unusual apprehension and timidity in business circles.
We are in the midst of another season of perplexity caused by our
dangerous and fatuous financial operations. These may be expected to
recur with certainty as long as there is no amendment in our financial
system. If in this particular instance our predicament is at all
influenced by a recent insistence upon the position we should occupy in
our relation to certain questions concerning our foreign policy, this
furnishes a signal and impressive warning that even the patriotic
sentiment of our people is not an adequate substitute for a sound
financial policy.
Of course there can be no doubt in any thoughtful mind as to the
complete solvency of our nation, nor can there be any just apprehension
that the American people will be satisfied with less than an honest
payment of our public obligations in the recognized money of the
world. We should not overlook the fact, however, that aroused fear
is unreasoning and must be taken into account in all efforts to avert
possible loss and the sacrifice of our people's interests.
The real and sensible cure for our recurring troubles can only be
effected by a complete change in our financial scheme. Pending that
the executive branch of the Government will not relax its efforts
nor abandon its determination to use every means within its reach
to maintain before the world American credit, nor will there be any
hesitation in exhibiting its confidence in the resources of our country
and the constant patriotism of our people.
In view, however, of the peculiar situation now confronting us,
I have ventured to herein express the earnest hope that the Congress,
in default of the inauguration of a better system of finance, will not
take a recess from its labors before it has by legislative enactment or
declaration done something not only to remind those apprehensive among
our own people that the resources of their Government and a scrupulous
regard for honest dealing afford a sure guaranty of unquestioned safety
and soundness, but to reassure the world that with these factors and the
patriotism of our citizens the ability and determination of our nation
to meet in any circumstances every obligation it incurs do not admit of
question.
I ask at the hands of the Congress such prompt aid as it alone has
the power to give to prevent in a time of fear and apprehension any
sacrifice of the people's interests and the public funds or the
impairment of our public credit in an effort by Executive action to
relieve the dangers of the present emergency.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, December 30, 1895_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 21st instant,
relative to the refusal of the Turkish Government to grant exequaturs to
the vice-consuls of the United States at Erzerum and Harpoot, I transmit
herewith a report from the Secretary of State.
GROVER CLEVELAND.
EXECUTIVE MANSION, _Washington, January 10, 1896_.
_To the Senate of the United States_:
I transmit herewith, in response to the Senate resolution of December
18, 1895, addressed to the Secretary of State, a report of that officer,
with the accompanying correspondence, in relation to the arrest and
imprisonment of Victor Hugo McCord at Arequipa, Peru, requested by said
resolution.